1-4 Cambridge House, Henry Street, BA1 1JT

What was argued and what the tribunal found

The appellant, a gym operator, proposed reductions to the RV of £127,000 based on material changes of circumstances caused by the opening of competing gyms (Toniq in August 2018 and Pure Gym in February 2020). The tribunal found that the agreed rent of £127,000 from October 2017 was the appropriate starting point, being based on actual rent agreed by professional representatives. While turnover evidence was provided, the tribunal found no discernible fall in turnover following the opening of the first three gyms, and any decline following Pure Gym's opening coincided with the Covid-19 pandemic, which must be disregarded. The tribunal dismissed both appeals, finding the evidence did not justify a reduction.

Summary generated from the decision text and checked against it. The appellant was Triangle Fitness Bristol Ltd, represented.

Grounds argued

• Change of circumstances

Change of circumstances

opening of competing gyms (Toniq, Pure Gym)

Evidence

Trading accounts, Expert report

Cases cited

Lotus and Delta Ltd v Culverwell (Valuation Officer) and Leicester City Council [1976] RA 141; ITMS Corporation Ltd v Mooney (VO) and Westminster City Council [1983] RA145

Hearing

5 September 2024

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