32 Putney High Street, sw15 1sq
Restaurant and premises Decided 20 March 2023 CHG100796207
Figures are as stated in the decision; a dash means the document does not state that figure.
What was argued and what the tribunal found
The appellant contended the property was incapable of beneficial occupation from 25 September 2020 due to poor repair (water damage, mould, damp) following tenant departure and should be deleted from the list until repairs completed on 25 March 2021. The tribunal found the property was an empty restaurant in disrepair but not stripped out to a shell condition as in Canary Wharf, therefore the statutory repair assumption applied. The tribunal concluded repair works costing £46,277 were economically justifiable given the property's location and rental potential, and a reasonable landlord would undertake them, so the property remained capable of beneficial occupation at the material date.
Summary generated from the decision text and checked against it. The appellant was an individual ratepayer, unrepresented.
Grounds argued
- State of repair or deletion · decisive
- Change of circumstances
- covid
- Evidence
- Expert report, Photographs
- Cases cited
- Newbigin (VO) v SJ & J Monk [2017] UKSC 14; Jackson (VO) v Canary Wharf Limited [2019] RA 411; Princes St Ltd (Ipswich) v Bond (VO) [2002]
- Hearing
- 14 February 2023
Similar decisions
- Bet Totesport, 10 Mitcham Road, SW17 9NA — Allowed in part, 17 Sept 2025
- 971 973, GARRATT LANE, SW17 0LW — Dismissed, 13 Jun 2025
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