Empty Properties. Richard Turney. 27 April 2016

Similar documents
Introduction to non-domestic rates. Dan Kolinsky QC

Practice Note 1: England only: Definition of Dwelling and Basis of Valuation for Council Tax

Rateable occupation. Galina Ward. 27 April 2016

1.2 As there was no liability during building works, then valuation during building works was not generally controversial either.

Landlord and tenant in an insolvency context. David Nicholls Landmark Chambers

Carbon Rights Act 2003

Duties Amendment (Land Rich) Act 2004 No 96

The forgotten ingredient of rateable occupation

March 2019 Category Course title Author Tax Goodwill Post 1-April 2019 Paul Davies. Disclaimer and Copyright

Completion Notices for Business Rates

A Short History of Rates Dan Kolinsky QC

The New NPPF and Housing. Alistair Mills Landmark Chambers 1 October 2018

Advice to Local Weights and Measures Authorities on Enforcement of Energy Certificates and Air- Conditioning Inspections for Buildings

Important developments in valuation. Plus ca change. Tim Mould QC

VOLUNTARY RIGHT TO BUY POLICY

A Guide to MEES: the new Minimum Energy Efficiency Standards. It s business. But it s personal. mishcon.com

Improving the energy efficiency of our buildings

Civil Society and the rise of communitybased approaches to planning and development in London

Housing Management Law School Autumn 2015

CHARITIES AND THEIR LAND AND BUILDINGS WHAT ARE THE RULES?

Leases (S.566) Manual Part

ST NICHOLAS HOUSE, GEORGE STREET, LUTON, LU1 2AF

The extent of the the hereditament: Woolway and The Rating Hypothesis. Timothy Morshead QC Landmark Chambers

National property law conference 2015 Commercial property update law and practice: Warren Gordon of Olswang LLP Friday 9 October 2015 Victoria Park

Rating Valuation of Special Properties : The Hong Kong Experience

Carrots and sticks - improving energy efficiency of non-domestic buildings

Tenure confusion: are shared ownership lessees assured tenants, long lessees or both? TRISTAN SALTER Five Paper October 2018

Heathrow Expansion. Land Acquisition and Compensation Policies. Interim Property Hardship Scheme. Policy Terms

Right to Buy LEASE CONFERENCES. Disclaimer

THE COMPANIES (CROSS-BORDER MERGERS) REGULATIONS 2007: PROCEDURE, CASELAW AND FUTURE By Richard Smith

to let making property work MOCATTA HOUSE AND LANCHESTER HOUSE, TRAFALGAR PLACE, BRIGHTON, BN1 4DU One Jubilee Street, Brighton, BN1 1GE

"He is very personable and patient, and explains his advice very coherently".legal

Effective October 1, 2014

QUESTIONNAIRE TO ACCOMPANY THE CERTIFICATE OF TITLE (CllS land law COMMITTEE long FORM 6TH EDITION UPDATE)

DISPOSAL AND APPROPRIATION OF LAND BY LOCAL COUNCILS

Effective October 1, 2014

THE KIAMBU COUNTY VALUATION AND RATING BILL, 2015 ARRANGEMENT OF CLAUSES PART I PRELIMINARY PART II ADMINISTRATION PART III- VALUATION

60-HR FL Real Estate Broker Post-Licensing Learning Objectives by Lesson

LEASE. by and between COUNTY OF MONTEREY. and MONTEREY PUBLIC IMPROVEMENT CORPORATION. Dated as of, 2010 WHEN RECORDED RETURN TO:

PRE-CONTRACT QUESTIONNAIRE FOR PROPERTY SALE

GST/HST New Residential Rental Property Rebate

Southern Railway and the Identification of Hereditaments

Tiwi Islands Regional Council Rates Declaration for 2015/16

TRCA Administrative Fee Schedule for ENVIRONMENTAL ASSESSMENT and INFRASTRUCTURE PERMITTING SERVICES IMPLEMENTATION GUIDELINES May 2014

MINIMUM ENERGY EFFICIENCY STANDARDS (MEES) Protecting Your Assets

Effective October 1, 2014

Your property and blight

Minimum Energy Efficiency Standard 10 Key Questions for Commercial Property Owners

Statutory Instrument 1991 No. 2839

STUDENT PROPERTY CONNECTING PEOPLE & PROPERTY, PERFECTLY.

1.4 The policy applies to all landlord organisations in the Group.

Section 4: Transfer A: Overage

Practitioner Article Tenancy Deposit Schemes in Scotland

Northampton Tenant s Panel. Tenancy Rights and Tenancy Agreements

Section 21 Procedure

Leasehold home ownership: buying your freehold or extending your lease. Law Commission Consultation Paper

Surrey Rental Premises Standards of Maintenance By-law. The Planning and Development Department recommends that Council:

Definition of residential premises. 11 Offence

to let Teville Gate House, Railway Approach, Worthing, BN11 1TY Fantastically located self contained office building

Voluntary Right to Buy and Portability Policy

Limits to service charges: Section 125 Notice

Housing and Planning Bill

sold Right to buy and right to acquire

The Good, the Bad and the Ugly of Management Rights. Speaker: Kirsty Crawford 28 May 2010

Classification: Public. Heathrow Expansion. Land Acquisition and Compensation Policies. Interim Property Hardship Scheme 1.

Peter Levaggi, Joint Head of Property Litigation Group, Charles Russell LLP

ROTHER DISTRICT COUNCIL. and ICKLESHAM PARISH COUNCIL LEASE. Car Park and Public Conveniences Rye Harbour Rye East Sussex

Amendments to the Stamp Duty Ordinance to curb speculation in residential properties

Revised Practice Note on Disrepair and Rating Post Supreme Court

LETTER TO COMPANY - DRAFT CITY OF LONDON LAW SOCIETY LAND LAW COMMITTEE CERTIFICATE OF TITLE (7 TH EDITION 2016 UPDATE)

NON-EXCEPTED AREAS - POLICY AND GUIDANCE (January 2016 Edition)

3cpd. VAT in Construction Grant Thornton UK LLP. All rights reserved.

Juan Lopez. Testimonials. Francis Taylor Building Inner Temple London EC4Y 7BY DX: 402 LDE

Enfranchisement and lease extension A short guide

Laceys Guide To Right To Manage

2010 No. 11 LAND REGISTRATION. Land Registry (Fees) Order (Northern Ireland) 2010

The year in review for landlords Landlord Law Conference Sam Madge-Wyld 19 May 2017

Chapter 6: Council rates and charges

TACKLING UNFAIR PRACTICES IN THE LEASEHOLD MARKET RESPONSE OF ANTHONY COLLINS SOLICITORS LLP ( ACS )

1. Purchaser please provide the full name and address of the proposed purchaser

Briefing Paper: Allotment Law in Scotland Introduction Allotments (Scotland) Act of 1892

Houses in Multiple Occupation and residential property licensing reform. Guidance for Local Housing Authorities

Voluntary Right to Buy (Midlands Pilot) Policy

Who you are and why it matters

Tenancy Deposit Scheme for Landlords Membership Rules

2016 No. 790 ENTERPRISE, ENGLAND AND WALES. The Pubs Code etc. Regulations 2016

USOPF REAL ESTATE ACCEPTANCE POLICY

CITY FLOOR REVIEW. A floor-by-floor analysis of the City office market Q

Societies and Unincorporated Associations Ensuring your Organization is Geared for Success

ILM Approved Factsheet on Section 117 Charities Act 2011 August 2012

VAT: approved alterations to listed buildings

RESIDENTIAL DEVELOPMENT OPPORTUNITY FOR SALE

Useful Glossary of Restructuring Terms. May 2010

THE NON-DOMESTIC PRIVATE RENTED PROPERTY MINIMUM STANDARD

The Government of Nunavut (GN) shall price Commissioner's land for lease or other disposition.

Tenants Right of First Refusal

JUDGMENT. Newbigin (Valuation Officer) (Respondent) v S J & J Monk (a firm) (Appellant)

Historic Environment Scotland Àrainneachd Eachdraidheil Alba

16/11/2016. The relationship between planning consent and other permitting regimes. Introduction. Introduction. The developer s security

Residential properties fully subject to commercial rates

Transcription:

Empty Properties Richard Turney 27 April 2016

The empty property rate Principle of liability Exempted buildings The chargeable amount Zero-rating New buildings and completion notices

Legislative basis Sections 45-46A Local Government Finance Act 1988 Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008/386

Principle of liability Section 45(1) LGFA 1988 (a) on the day none of the hereditament is occupied, (b) on the day the ratepayer is the owner of the whole of the hereditament, (c) the hereditament is shown for the day in a local non-domestic rating list in force for the year, and (d) on the day the hereditament falls within a class prescribed by the Secretary of State by regulations.

None of the hereditament is occupied Occupation of part is occupation of the whole See e.g. Sunderland City Council v Stirling Investment Properties LLP [2013] R.A. 411

Owner The person entitled to possession (see s 65(1) LGFA) Where lease forfeited, the landlord: Kingston v Marlow [1995] RA 87 Disclaimer of a lease under s 178 Insolvency Act 1986 determines the lease for these purposes and means that the landlord is entitled to possession and therefore the owner within the meaning of ss 45 and 65 LGFA 1988: Schroder Exempt Property Unit Trust v Birmingham City Council [2014] EWHC 2207 (Admin)

Class prescribed: regulation 3, 2008 Regs all relevant non-domestic hereditaments other than those described in regulation 4 (reg. 3) relevant non-domestic hereditament means any nondomestic hereditament consisting of, or of part of, any building, together with any land ordinarily used or intended for use for the purposes of the building or part (reg. 2) Must be a building : Enfield LBC v Hutchinson 3G UK Ltd [2013] R.A. 429

Regulation 4: exemptions (1) (a) which, subject to regulation 5, has been unoccupied for a continuous period not exceeding three months; (b) which is a qualifying industrial hereditament that, subject to regulation 5, has been unoccupied for a continuous period not exceeding six months; See definition in reg. 2 of qualifying industrial hereditament Southwark v Bellway [2000] RA 437 (c) whose owner is prohibited by law from occupying it or allowing it to be occupied; Not sufficient that property could not be occupied for certain purposes because of disrepair meaning there may be an offence under health and safety legislation: Pall Mall Investments (London) Ltd v Gloucester City Council [2014] P.T.S.R. 1184 cf Regent Lion v Westminster [1989] RA 190

Regulation 4: exemptions (2) (d) which is kept vacant by reason of action taken by or on behalf of the Crown or any local or public authority with a view to prohibiting the occupation of the hereditament or to acquiring it; A planning condition is not sufficient: Hailbury v Westminster [1986] RA 187 (e) which is the subject of a building preservation notice within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990 1 or is included in a list compiled under section 1 of that Act; Richardson Development Ltd v Birmingham City Council [1999] R.V.R. 44 (f) which is included in the Schedule of monuments compiled under section 1 of the Ancient Monuments and Archaeological Areas Act 1979

Regulation 4: exemptions (3) (g) whose rateable value is less than 2,600; (h) whose owner is entitled to possession only in his capacity as the personal representative of a deceased person; (i) where, in respect of the owner's estate, there subsists a bankruptcy order within the meaning of section 381(2) of the Insolvency Act 1986; (k) whose owner is a company which is subject to a winding-up order made under the Insolvency Act 1986 or which is being wound up voluntarily under that Act; (l) whose owner is a company in administration within the meaning of paragraph 1 of Schedule B1 to the Insolvency Act 1986 or is subject to an administration order made under the former administration provisions within the meaning of article 3 of the Enterprise Act 2002 (Commencement No. 4 and Transitional Provisions and Savings) Order 2003; (m) whose owner is entitled to possession of the hereditament in his capacity as liquidator by virtue of an order made under section 112 or section 145 of the Insolvency Act 1986.

Chargeable amount See formula in s 45(4) and 46: A B C A = the rateable value shown for the day under section 42(4) above as regards the hereditament B = the non-domestic rating multiplier for the financial year less the small hereditament factor C is the number of days in the financial year See also s 45(4A) and 46(4)

Zero-rating Section 45A: charities and registered clubs South Kesteven DC v Digital Pipeline Ltd [2016] EWHC 101 (Admin) Preston City Council v Oyston Angel Charity [2012] R.A. 357 Public Safety Charitable Trust v Milton Keynes Council [2013] R.A. 275

New buildings and completion notices Section 46A & Schedule 4A Advantages for the billing authority: see Aviva Investors Property Developments Ltd v Whitby (Valuation Officer) [2014] R.A. 61, at [89] Formalities and service: UKI (Kingsway) Ltd v Westminster City Council [2015] R.A. 433

Richard Turney rturney@landmarkchambers.co.uk 27 April 2016