SJ & J Monk (a firm) v Newbigin has been referred to as the worst court decision for rate payers ever.
Against the backdrop of the Rating (Valuation) Act 1999 which assumed a 'reasonable state of repair' owners and/or occupiers of rateable properties will be liable for rates despite being unable to trade from them whilst works or refurbishment are being carried out.
Newbigin is open for review by the UK Supreme Court. However, in the meantime, the Valuation Office Agency continues to insist on assessing properties as if in good repair despite their actual condition, which is another financial threat to owners and/or occupiers of properties in need of work.
For advice, please contact a member of our Commercial Property team.