Tribunals · Mole Valley District Council · 2017 rating list

Caledonian House, Reigate Road, RH6 0AP

Offices and premises Decided 24 May 2024 CHG100818458 Whitestone Commercial - Chris Lambert

OutcomeDismissedThe appeal failed and the rateable value was left unchanged.
Original RV£19,500
Ratepayer sought—
VO conceded first—
Tribunal decided—

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 sought to split Caledonian House into three separate assessments with effect from 1 March 2022, contending that Newhill Osteopathy and SB Physiotherapy were distinct hereditaments in exclusive occupation with separate tenancy agreements. The tribunal found that whilst the occupiers met the tests of actual, beneficial and not-too-transient occupation, they lacked exclusive occupation. The head lessee Surrey Injury Clinic retained paramount control over all parts of the property, particularly given that the directors of the sub-letting companies were the same individuals as those of the head lessee, and the relationships and day-to-day operations demonstrated an integrated operation rather than genuinely separate occupations. The appeal was dismissed and the single assessment upheld.

Summary generated from the decision text and checked against it. The appellant was Surrey Injury Clinic Ltd, represented.

Grounds argued

  • Split or merge the assessment
Evidence
None from the ratepayer
Cases cited
John Laing & Son v Kingswood AC; Gilbert (VO) v Hickinbottom (S) & Sons Ltd; Cardtronics and Others v Sykes and Others (VOs); Westminster Council v Southern Railway Co; North Eastern Railway Co v Guardians of York Union; Woolway (Appellant) v Mazars (Respondent); Hussain v Turner (Valuation Officer)
Hearing
3 May 2024

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