Empty Rates Case Law Update October 2013

By jbc_admin

Makro Properties Limited In June 2012 judgement was handed down by the High Court in the case of Makro Properties Limited v Nuneaton & BED Worth Borough Council. In this case the landlord had sought to occupy its own premises for the requisite six week period by allowing a group company to store 16 pallets…

Roger Hannah Launches New Rating Service

By jbc_admin

Roger Hannah & Co is pleased to announce the setting up of a new service to help their clients with empty property rates. In the first 3 months from launching our new service we have secured savings for clients in excess of £100,000 on their empty property rates liabilities. Roger Hannah & Co can develop…

Auction Lots Exceed Expectations

By jbc_admin

More than 75% of the properties offered for sale at the latest Edward Mellor and Roger Hannah auction day sold for in excess of their guide prices. Held at Lancashire County Cricket Club’s Emirates Old Trafford ground, the auction included properties in Greater Manchester and Cheshire and resulted in sales totalling £3.2m. Lots included Bury…

Right to Light

By jbc_admin

The issue usually becomes apparent when a developer wants to build on a site that adjoins existing property or on land that enjoy rights of light over the development site. The developer can’t interfere with the neighbour’s right to light (by building in a way that blocks light), unless it has the benefiting owner’s consent.…

Right-to-light

By jbc_admin

Explainsing the proposed changes of Right to Light legislation.

Next Roger Hannah Auction 23 July 2013

By jbc_admin

The July catalogue is now live at www.rogerhannahauctions.co.uk Together with our auction partners Edward Mellor, our auction contains 94 Commercial and Residential lots. The commercial section includes 9 lots for receivers plus instructions from councils, banks and private clients. Highlights include: • 4 Firs Lane – Retail unit – Guide price: £45,000 • Bar Wizard…

Kenya Aid Programme v Sheffield City Council

By jbc_admin

The High Court has allowed an appeal by a charity against an order to pay business rates in excess of £1,600,000. Charities are entitled to mandatory business rates relief if a property they occupy is used wholly or mainly for charitable purposes. In this case the charity had taken a lease on two warehouse units…

Business Rates – VOA v Mazars LLP

By jbc_admin

A Court of Appeal has upheld the finding of the Upper Tribunal (Lands Chamber) that non-adjoining floors in the same building, occupied by the same business, can be treated as a single hereditament for rating purposes. The three Lord Justices of Appeal unanimously confirmed in a Upper Tribunals decision based on a common sense assessment…

Landlord and Tenant – No implied insurance recovery in Service charge clause

By jbc_admin

In a recent case where, by mistake, a lease contained no express clause for the landlord to recover the insurance premium from the tenant, it was held that there was no basis of implied recovery. In Sadd v Brown (2013), the lease required the landlord to carry out works and spend money on the building,…

Landlord and Tenant – Service Charge Clauses – no special Rules of Interpretation

By jbc_admin

The High Court in a recent decision has raised doubts about the existence of hitherto generally accepted rules of interpretation of service charge clauses, namely, that landlords should not make a profit and that such clauses should be construed restrictively. In Arnold -v- Britton (2012), a number of chalets situated in a Swansea leisure park…