Tribunals · London Borough of Merton · 2017 rating list

Oasis, Unit 208, SW19 8ND

Shop and premises Decided 2 July 2024 CHG100747009 BNP Real Estate/Montagu Evans - Ben Monk

OutcomeMixed
Original RV—
Ratepayer sought—
VO conceded first—
Tribunal decided£52,000from 13 Jul 2020

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 material change of circumstances caused by the closure and vacation of Debenhams (Unit 115) from the shopping centre in February 2020, arguing it was an anchor store accounting for 37.8% of the centre with significant impact on footfall and other retail tenants. The tribunal found that the closure of Debenhams did justify an allowance as a material change of circumstances affecting the locality, but determined that the subsequent occupation by AFC Wimbledon before the material day was a positive countervailing factor. The tribunal allowed 12 of the 13 appeals in part, reducing the RVs by 5% with effect from 13 July 2020 (when AFC Wimbledon occupied a unit), while dismissing the appeal relating to Unit 115 itself (the Debenhams unit).

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
Expert report
Hearing
17 June 2024

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