Unit 2, Walford Walk, B97 4HJ

What was argued and what the tribunal found

The appellant sought deletion of a vacant shop unit from the 2017 Rating List, contending that demolition works (removal of shopfront, ceilings, lighting and stairs) rendered it incapable of rateable occupation as at 31 January 2022. The tribunal applied the three-stage Monk test and found that the appellant failed to demonstrate the property was no longer capable of rateable occupation. Inconsistencies in the appellant's evidence, equivocal photographs, and absence of supporting documentation (no demolition scheme, contractor details, or building control records) meant the tribunal was not convinced the property had undergone radical alteration or ceased to be a hereditament.

Summary generated from the decision text and checked against it. The appellant was Kingfisher Limited Partnership, represented.

Grounds argued

• State of repair or deletion

Evidence

Photographs

Cases cited

Newbigin (VO) v Monk [2017] UKSC 14; Jackson (VO) v Canary Wharf Limited [2019] UKUT 136 (LC); Barnard and Barnard v Walker (VO) [1975] RA 383; Lidl (UK) GMBH v Ryder (VO) [2014] RA 23; Garton v Hunter (VO) [1969] RA 11; Specialeyes plc v Felgate (VO) [1994] RA 338; Lamb (VO) v Go Outdoors [2015] RA; Lamb v Minards (VO) [1974] 153; Appeal of Pavlou (VO) [2013] RA 73; Woolway (VO) v Mazars [2015] UKSC 53; Iceland Foods Ltd v Berry (VO) [2018] UKSC 15; Scottish & Newcastle Retail Ltd v Williams (VO) [2000] EW Lands RA 480

Hearing

14 August 2025