The court heard applications relating to the inclusion of the property in the valuation list, including an assertion that the tribunal had wrongly interpreted the valuation evidence presented to it in arriving at its decision. The claimant said that the tribunal had found that the dwelling was repairable at reasonable expense when the unchallenged evidence of experts proved otherwise. It was not disputed that the property was a hereditament.
Held: The judge noted that the applicant had not suggested that the property was incapable of beneficial occupation. Indeed, it had been for many years occupied beneficially by him.
HHJ Kirkham held that: ‘The Tribunal considered the evidence and concluded that the property should be entered in the Council’s Valuation List . . That . . is the short answer to this appeal.’ In dealing with questions of whether the likely cost of repair were economic or not, the tribunal had in fact gone further than it needed to in order to determine the matters which had been put in issue.
Judges:
Kirkham HHJ
Citations:
[2009] EWHC 1855 (Admin)
Jurisdiction:
England and Wales
Cited by:
Cited – Wilson v Josephine Coll (Listing Officer) Admn 13-Oct-2011
The land owners challenged the re-appearance of their empty and disrepaired dweliinghouse in the valuation list. It had been exempt for twelve months. The appellanat said that the appeal property was not a hereditament as it was not in reasonable . .
Lists of cited by and citing cases may be incomplete.
Rating
Updated: 08 May 2022; Ref: scu.545147
