Jones Bootmaker, Unit 233, SW19 8ND
Shop and premises Decided 2 July 2024 CHG100746988 BNP Real Estate/Romulus/Montagu Evans - Ben Monk
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 12 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 (a major anchor store occupying 37.8% of the centre) with effect from 1 February 2020. The tribunal found that Debenhams' departure was a key material change of circumstances that reasonably caused a reduction in customer numbers and trade. However, the tribunal rejected the proposed 1 February 2020 effective date because the material day was 17 July 2020, by which time AFC Wimbledon had commenced occupation on 13 July 2020, representing a subsequent material change. The tribunal determined a 5% reduction (rather than 7.5%) was fair and reasonable, applying from 13 July 2020, to account for the positive mitigating effect of AFC Wimbledon's arrival and the difficulty in isolating Debenhams' impact from pandemic-related economic factors.
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
- Rents, Expert report, Photographs
- Hearing
- 17 June 2024
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