The Collection (Management Company) v David John Jackson (Valuation Officer)
Decision date: 16 May 2013
Neutral citation: [2013] UKUT 166 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned whether a 9.58 m2 concierge room serving a 15-house residential development was non-domestic or an "other appurtenance" of property used wholly for living accommodation under s.66(1) LGFA 1988. The Upper Tribunal held the relevant property could be the group of houses collectively, that the concierge room lay within their curtilage and was an appurtenance belonging to and enjoyed with the residences, and allowed the appeal deleting the non-domestic rating entry. Costs were not awarded.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
A piece of land or building can qualify as an "other appurtenance" under s.66(1)(b) where it lies within the identifiable curtilage of property used wholly for living accommodation (which may be a collective group of houses), and where factual and functional analysis shows it belongs to and is enjoyed with that accommodation; appurtenance status turns on ownership, control and the purpose of occupation (rateable occupation), not solely on physical position or a managing agent’s use.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The tribunal observed that an appurtenance need not be occupied by the occupiers of the residential units themselves, and that the presence of equipment with an office-like appearance does not of itself negate a domestic character where the services performed are akin to domestic servants in the context of the residence.