Denny Bros Supplies Ltd v Mandy Franklin (Valuation Officer)
Decision date: 9 February 2010
Neutral citation: [2010] UKUT 31 (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
Denny Bros Supplies Ltd appealed the Valuation Tribunal's confirmation of a 2005 list assessment, arguing that disruption from nearby Arc shopping-centre redevelopment and associated street works warranted a reduction in rateable value. The Lands Tribunal found significant disturbance and allowed a uniform 25% reduction to the RV from 1 June 2007 to 31 March 2009, reducing the RV to £42,750; no costs were 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: medium
Where temporary external works materially affect rental value at the material day, allowance for disruption should be determined by the severity and duration of the disturbance and assessed against comparable evidence specific to the hereditament (its location, use and the nature of disruption), rather than relying solely on the absence of rent reductions in agreements; evidence of settlements or altered rents must be treated with caution and weighed for relevance.
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The Tribunal observed that decisions of the Valuation Tribunal, withdrawn appeals and settlements may indicate a tone of value but are unreliable where circumstances differ materially; agreed rent reductions and trading figures have limited weight where leases do not permit tenant-initiated abatements and hence are not directly determinative of rateable value.