Third Floor, Bolsover House, W1W 6BB

What was argued and what the tribunal found

The appellant sought deletion of the third-floor office from the 2017 rating list on the basis that from 11 June 2019 it was undergoing Category A refurbishment works (strip-out and modernisation) which rendered it incapable of beneficial occupation. The tribunal applied the analytical framework from Monk and Canary Wharf, determining that before the repairing assumption applies, one must objectively assess whether the property is capable of beneficial occupation. The tribunal found that the appellant provided only weak evidence (verbal testimony with no photographs or documentation) to demonstrate that works had actually commenced on the material day, and distinguished the subject property from Monk and Canary Wharf where properties were in shell condition. The appeal was dismissed as the property remained capable of beneficial occupation on the material day.

Summary generated from the decision text and checked against it. The appellant was Richform Estates, represented.

Grounds argued

• State of repair or deletion

Evidence

Photographs, Expert report

Cases cited

Newbigin (VO) v Monk [2017] UKSC 14; Jackson (VO) v Canary Wharf Ltd [2019] RA 411; Gardiner & Theobald LLP v David Jackson (VO) [2018] UKUT 0253 (LC); Porter (VO) v Trustees of Gladman Sipps [2011] UKUT 204 (LC); Avison Young v Jackson (VO); Moore (VO) v Great Bear Distribution Limited [2021] EWCA Civ 969; Aviva Investors v Dawn Bunyan (VO) (VTE: CHG100345300, 7 June 2022)

Hearing

9 January 2024

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