24-­25, HEMPSTEAD SHOPPING CENTRE, HEMPSTEAD, ME7 3PB

What was argued and what the tribunal found

The appellant sought deletion of a retail unit from the 2017 rating list as of 8 July 2021, contending that extensive end-of-lease dilapidation works meant the property was stripped to a shell and incapable of beneficial occupation. The tribunal found that the alleged shell condition was not established as of the material day; evidence showed substantial further stripping and fitting-out works by the new tenant between March and June 2023. The tribunal concluded the end-of-lease works were customary retail dilapidations required by the lease terms, and the hereditament remained capable of rateable occupation.

Summary generated from the decision text and checked against it. The appellant was British Airways Pension Trustees Limited, represented.

Grounds argued

• State of repair or deletion

Evidence

Measurement survey, Photographs, Expert report

Cases cited

Newbigin (VO) v Monk; Jackson (VO) v Canary Wharf Limited; Porter (VO) v Trustees of Gladman Sipps; Aviva Investors Property Developments Ltd and Another v Whitby (VO) and Mills (VO); BNPPDS(J) Limited and BCI Limited (as Trustees of the Blackrock Industrial Trust) v Hitchings (VO)

Hearing

7 April 2025