Jorgensen (Listing Officer), R (on the application of) v Gomperts [2006] EWHC 1885 (Admin) (03 July 2006)

Jorgensen (Listing Officer), R (on the application of) v Gomperts [2006] EWHC 1885 (Admin) (03 July 2006)

The Tribunal erred in law by failing to apply the correct objective 'bricks and mortar' test to determine whether the second floor flat was constructed or adapted for use as separate living accommodation under Article 2 of the Order. The Tribunal improperly relied on intention and historical use, and gave undue weight to the absence of a lockable door. The matter must be remitted to a differently constituted Tribunal to apply the correct legal test based solely on the physical characteristics of the property.

Citation
[2006] EWHC 1885 (Admin)
Parties
Claimant: Jorgensen (Listing Officer); Defendant: Gomperts
Jurisdiction
England and Wales
Judgment Date
03 July 2006
Procedural Posture
Administrative Appeal / High Court Appeal From Valuation Tribunal
Outcome
Appeal allowed; Tribunal's decision quashed; matter remitted to a differently constituted Tribunal for reconsideration.
Legal Topics
Council Tax, Valuation List, Self Contained Unit, Costs in Administrative Appeals
Local Government Law Tax Law Administrative Law Council Tax Valuation List Self Contained Unit Costs in Administrative Appeals

Case Brief

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Parties

Jorgensen (Listing Officer)

Claimant

Gomperts

Defendant

Procedural Posture

Administrative Appeal / High Court Appeal From Valuation Tribunal

Legal Issues

  1. 1 Whether the second floor flat at 48 Hungerford Road constitutes a 'self-contained unit' for council tax purposes under the Council Tax (Chargeable Dwellings) Order 1992
  2. 2 Whether the Tribunal applied the correct legal test in determining 'self-contained unit'
  3. 3 Whether the absence of a lockable door is determinative for separate living accommodation

Ratio Decidendi

The Tribunal erred in law by failing to apply the correct objective 'bricks and mortar' test to determine whether the second floor flat was constructed or adapted for use as separate living accommodation under Article 2 of the Order. The Tribunal improperly relied on intention and historical use, and gave undue weight to the absence of a lockable door. The matter must be remitted to a differently constituted Tribunal to apply the correct legal test based solely on the physical characteristics of the property.

Court Disposition

Appeal allowed; Tribunal's decision quashed; matter remitted to a differently constituted Tribunal for reconsideration.

Orders

  • No order as to costs at this stage; liberty to the respondent to apply for costs if ultimately successful in the Tribunal.