PT 12TH F RMS 2835, ST CLARE HSE, 30-33 MINORIES, EC3N 1DD

What was argued and what the tribunal found

The appellant sought deletion of the office hereditament on the grounds that it was incapable of beneficial occupation due to a substantial scheme of refurbishment works. The appellant initially proposed a deletion date of 15 August 2017, but the tribunal found insufficient evidence that works had actually commenced on that date. However, the tribunal found compelling evidence that the property was in a CAT A state as at 21 June 2021, following refurbishment to CAT A+ specification, and that it had been reconfigured to open plan accommodation, meaning the original hereditament had ceased to exist. The tribunal therefore allowed the appeal in part, ordering deletion with effect from 21 June 2021.

Summary generated from the decision text and checked against it. The appellant was Rockspring Transeuropean VI Metro, represented.

Grounds argued

• Building works or disturbance nearby

Evidence

Expert report, Photographs, Measurement survey

Cases cited

Newbigin (VO) v Monk [2017] UKSC 14; Jackson (VO) v Canary Wharf Limited [2019] UKUT 136 (LC)

Hearing

11 September 2025

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