Tribunals · Dudley Metropolitan Borough Council · 2017 rating list

Fortis Accommodation Worldwide Ltd, Unit 3, DY9 8EH

Workshop and premises; Offices and premises Decided 9 January 2024 CHG100820119 Brian Johnston

OutcomeDismissedThe appeal failed and the rateable value was left unchanged.
Original RV£24,500
Ratepayer sought—
VO conceded first—
Tribunal decided£24,500

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, a company owning two trading estate units, sought deletion from the 2017 rating list claiming severe sewage flooding rendered the properties incapable of beneficial occupation from January 2018. The tribunal found insufficient coherent evidence to support deletion: photographs showed emptied units rather than flood damage in situ, dates for remedial work were inconsistent with claimed occupation dates, and a third-party email indicated partial occupancy was possible despite drainage issues. The panel dismissed the appeals as the appellant failed to demonstrate the properties were incapable of rateable occupation on the material day of 1 April 2018.

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
Change of circumstances
flooding
Evidence
Photographs, Expert report
Cases cited
John Laing & Son Ltd v Kingswood AC Thornbury RDC & Gloucestershire CVC [1948]; Tower Hamlets LBC v St Katharine's by the Tower Ltd [1982]
Hearing
11 December 2023

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