Fortis Accommodation Worldwide Ltd, Unit 9, DY9 8EH
workshop and premises Decided 9 January 2024 CHG100820106 Brian Johnston
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 2 properties; the figures shown are for the first listed.
What was argued and what the tribunal found
The appellant, owner of Units 3 and 9 at Conyers Trading Estate, sought deletion of the properties from the rating list, contending they were incapable of beneficial occupation due to extensive sewage flooding from blocked mains drains. The tribunal found that the appellant had failed to provide compelling and coherent evidence demonstrating incapacity for occupation on the material day of 1 April 2018, noting inconsistencies in dates, lack of clear photographs of flood damage, and evidence that at least one prospective tenant believed occupation was possible with drainage work in progress. The appeals were dismissed and the original rateable values confirmed.
Summary generated from the decision text and checked against it. The appellant was Fortis Accommodation Worldwide Limited, represented.
Grounds argued
- State of repair or deletion · decisive
- Evidence
- Photographs, Expert report
- Cases cited
- John Laing & Son Ltd v Kingswood AC Thornbury RDC & Gloucestershire CVC; Tower Hamlets LBC v St Katharine's by the Tower Ltd
- Hearing
- 11 December 2023
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