Unit 212, Centre Court Shopping Centre, SW19 8ND
Shop and premises Decided 2 July 2024 CHG100746974 BNP Real Estate/Montagu Evans - Ben Monk
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 13 properties; the figures shown are for the first listed.
What was argued and what the tribunal found
The appellant sought a 7.5% allowance for the closure of Debenhams (an anchor store occupying 37.8% of the shopping centre) which vacated Unit 115 in February 2020, arguing it caused a material change of circumstances affecting the subject units. The tribunal found that Debenhams' departure was a key tenant loss that justified an allowance for reduced footfall and trade, but applied a 5% reduction rather than the 7.5% sought, having regard to the subsequent occupation by AFC Wimbledon prior to the material day (17 July 2020) and the need to disregard pandemic-related economic factors. The effective date was set at 13 July 2020 (when AFC Wimbledon began occupation) rather than the February 2020 closure date.
Summary generated from the decision text and checked against it. The appellant was Standard Life Assurance Ltd, represented.
Grounds argued
- Change of circumstances · decisive
- Change of circumstances
- anchor store closure
- Evidence
- Photographs, Trading accounts
- Hearing
- 17 June 2024
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All decisions in London Borough of Merton · Shops nationally
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