Felgate (VO) v Lotus Leisure Enterprises Ltd [2000] EWLands RA_378_1996 (18 February 2000)

The floating restaurant, although a chattel, is enjoyed with the dock bed and moorings with such permanence and exclusivity that it forms a single rateable hereditament; the occupation is actual, beneficial, permanent, and exclusive, satisfying the legal requirements for rateable occupation.

Citation: [2000] EWLands RA_378_1996
Parties: Appellant (valuation Officer): David Felgate; Respondent: Lotus Leisure Enterprises Ltd
Jurisdiction: England and Wales
Judgment Date: 18 February 2000
Procedural Posture: Appeal Against Decision of London (north East) Valuation Tribunal / Final Judgment by Lands Tribunal
Outcome: Appeal allowed
Legal Topics: Rateability of Floating Structures, Hereditament Definition, Occupation for Rating Purposes

Property Law Rating and Valuation Rateability of Floating Structures Hereditament Definition Occupation for Rating Purposes

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Parties

David Felgate

Appellant (valuation Officer)

Lotus Leisure Enterprises Ltd

Respondent

Procedural Posture

Appeal Against Decision of London (north East) Valuation Tribunal / Final Judgment by Lands Tribunal

Legal Issues

1 Whether a floating restaurant moored to a dock is rateable as a hereditament
2 Whether the occupation of dock bed, floating restaurant, and moorings constitutes rateable occupation

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Hereditament to be entered in the list as 'Dock Bed, Floating Restaurant, Moorings and Premises', 38 Limeharbour, London E14 9RM at Rateable Value £67,500.
Respondent to pay Appellant's costs, subject to detailed assessment if not agreed.