Case Study Flashcards
(141 cards)
What is a Rating List?
Sets out all rateable values for non-domestic properties in England and Wales.
What is a hereditament?
A property which is, or may become, liable to a rate.
General Rate Act 1967
Any case law relating to this?
Gilbert v Hickinbottom superseded by Woolway v Mazzars.
What is the Check Challenge and Appeal Process?
System where ratepayers or their representatives can challenge the RV on their property.
What is the Check stage?
Confirm the factual information of the property.
What is the Challenge stage?
Challenged against the current valuation.
What is the appeal stage?
Can appeal the decision to the Valuation Tribunal for England.
Are there any time constraints for CCA?
Check - 12 months
Challenge within 4 months of Check decision and 18 months to be resolved
Appeal within 4 months of Challenge decision.
When was it implemented and why?
- To make the rating appeal system more efficient and transparent.
What are the main regulations for 2017 Rate Appeals?
The Non-Domestic Rating (Alteration of List and Appeals)(England)(Amendment) Regulations 2009
The Valuation Tribunal for England(Council Tax and Rating Appeals)(Procedure)(Amendment) Regulations 2009.
What is the definition of RV?
Estimate of the amount a hereditament might reasonably be expected to let from year to year based on three assumptions:
1 - reasonable repair
2 - tenant bears costs of rates, taxes, repair and insurance
3 - tenancy begins on day of determination.
Where can you find the definition of RV?
LGFA 1988 Schedule 6 paragraph 2 as amended by the Rating (Valuation) Act 1999.
What is the lead case?
Westminster City Council v Southern Railway Co, The Railway Assessment Authority and WHSmith and Son 1936.
Where 2 or more persons have occupancy rights over the same premises, the person deemed to have exclusive occupation will be the person who has paramount control of the use of the premises for the particular purpose for which they are occupied.
Leading case on rateability?
John Laing & Son Ltd v Assessment Committee for Kingswood Assessment Area (1949). Court of Appeal
there are four necessary ingredients in rateable
occupation …. First, there must be actual occupation;
secondly, that it must be exclusive for the particular purposes
of the possessor; thirdly, that the possession must be of some
value or benefit to the possessor; and, fourthly, the
possession must not be for too transient a period
What are the four essential ingredients needed for Rateable occupation?
Actual
Beneficial
Exclusive
Not too Transient.
What is AVD?
Antecedent Valuation Date.
Date which all non-physical factors are considered.
Currently 1st April 2021.
Who is the client?
At the time of the proposal known as Department for Levelling Up, Housing and Communities.
Are they still called the Department for Levelling Up, Housing and Communities?
Ministry of Housing Communities and Local Government.
What is a tertiary location?
An area on the outskirts of towns and cities.
What are primary and secondary locations then?
Primary would be shop in a high street or the main part of a shopping centre.
Secondary would be a shop within walking distance of the main high street.
What important factors do you look for when valuing a retail property?
Size, location, accessibility, parking ratio, tenant quality and mix, and building quality.
What is the definition of a domestic dwelling?
Property is domestic if it is used wholly for living accommodation, includes a yard or garden, a private garage of 25m2 or less, or private storage for domestic use.
What is the Council Tax list?
Every property is given a council tax band if it qualifies as a domestic dwelling.
How did you know the age of the property?
I checked our records. Also, post-war property design was ‘more practical’ so would often get box-shaped properties with low pitched roof with a gable end.