In assessing to the poor-rate schools occupied by a School Board, which can make no profit in a commercial sense as tenant of the schools, the School Board itself ought to be considered as a possible tenant, and the gross and rateable values calculated by the rent which the Board might reasonably be expected to pay for the premises for use as schools.
Bowen LJ said: ‘If land is by law struck with sterility when in any and everybody’s hands, so that no profit can be derived from the occupation of it, it cannot be rated to the relief of the poor. But if the school-house is not used by this school board for any profitable purpose, it by no means follows that the site of it must be sterile in every other person’s hands.’
Fry LJ said: ‘The term ‘sterility’ has been introduced into the cases because, as a general rule, a profit is produced; but it does not by any means follow that because there is no profit there is no value . . ‘
Judges:
Bowen LJ , Fry LJ
Citations:
[1886] UKLawRpKQB 88, (1886-1887) 17 QBD 738
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Telereal Trillium v Hewitt (Valuation Officer) SC 15-May-2019
The court considered correct approach to determination of the rateable value of an office building, in circumstances where the evidence showed at the relevant time a general demand in the area for comparable office buildings, but no actual tenant . .
Lists of cited by and citing cases may be incomplete.
Rating
Updated: 05 February 2022; Ref: scu.671893