John Townend (Trading as John's Radio) v Julian Gott (Valuation Officer)
Decision date: 14 August 2012
Neutral citation: [2012] UKUT 248 (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 Millside House was incapable of occupation between 1 April 2006 and 31 December 2007 because of substantial repair/upgrade works alleged by the appellant. The Tribunal found the appellant failed to produce cogent contemporaneous evidence of the dates, extent or effect of the works and that VOA records and inspection evidence indicated only limited works. The appeal was dismissed and no costs were ordered.
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: medium
A party seeking deletion of a hereditament on the basis that it was incapable of occupation must provide cogent contemporaneous evidence of the works, their timing and their effect on occupation; contemporaneous VOA records and expert inspection evidence showing only limited works can rebut uncorroborated retrospective assertions.
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 noted it was possible some strengthening works took place, but without cogent evidence their timing and impact could not be established; it also observed that a later increase in RV was attributed to rental evidence rather than a change in building specification.