47th Floor, 8 Bishopsgate, EC2N 4BQ
Offices and premises Decided 20 November 2024 VT00022963 CBRE - Ben Moore
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 16 properties; the figures shown are for the first listed.
What was argued and what the tribunal found
The appellant challenged completion notices for 16 floors of a 50-storey office building, arguing that real-world logistical constraints on simultaneous fitting out of multiple floors meant the deemed completion date of 8 June 2024 was unreasonable and should be extended to 19 July 2025. The tribunal applied the test from London Merchant Securities to determine whether these logistical constraints were "incidental" works (prolonging the period once works commence) or "preparatory" works (necessary before work commences). Finding that commencement of works must refer to each floor individually, the tribunal concluded the constraints were preparatory and therefore irrelevant. The tribunal accordingly dismissed the appeals, finding 8 June 2024 (11.5 months after practical completion of 19 June 2023) was a reasonable period for fitting out works that both parties agreed would take 16-20 weeks per floor.
Summary generated from the decision text and checked against it. The appellant was MEC London Property 2 (Nominee 1) Limited, represented.
Grounds argued
- Effective date · decisive
- Other
- Evidence
- Expert report, Trading accounts
- Cases cited
- London Merchant Securities plc v Islington LBC; Porter v Gladman; Hermes Property Unit Trust v Roberts (VO); JLG Investments Ltd v Sandwell District Council; English Cities Fund v Standard Life; Newham LBC v Rad Phase 1 Type B Property Co No 1 Limited; Graylaw Investments Ltd v Ipswich BC; Delph Property Group Ltd v Alexander (VO)
- Hearing
- 21 October 2024
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