Shirley Ann Johnson v Barry Timothy Leahy (Valuation Officer)

Decision date: 26 March 2010

Neutral citation: [2010] UKUT 87 (LC)

Overall AI summary confidence: high

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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 is an appeal by Mrs Shirley Ann Johnson against the 2005 rating assessment of a ground-floor shop at 7 The Broadway, Southgate (RV £13,000). The tribunal considered passing rents, comparable rents across the horseshoe parade and differences in frontage/use, rejected some respondent comparables and found a lower Zone A rate of £215/m2 appropriate. The appeal was allowed and the assessment was reduced to RV £11,750 with effect from 1 April 2005.

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

The tribunal treated the actual rents payable for the hereditament as the proper starting point for valuation and declined to discount them absent reliable nearer-date evidence to the contrary. It also held that comparative rents must be closely comparable in frontage, use and timing, and that comparables with materially different characteristics (for example a prominent return frontage or restaurant use) may be of limited assistance in fixing the Zone A value.

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 judgment observes that different levels of value can reasonably exist on opposite sides of the same road due to local circumstances and rents, and that where a composite lease separately allocates amounts to retail and residential elements this does not necessarily lessen the weight of the shop rent as evidence.

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