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06 November 2015 / Joseph Ollech , James Tipler
Issue: 7675 / Categories: Features , Property
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Under occupation

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Occupying separate floors: an underrated way of doing business? ask Joseph Ollech & James Tipler

Local authority rates are a tax on units of property known as “hereditaments”. Section 64(1) of the Local Government Finance Act 1988 defines a hereditament, by reference to s 115(1) of the General Rate Act 1967, as follows: “Property which is or may become liable to a rate, being a unit of such property which is, or would fall to be, shown as a separate item in the valuation list.”

Apart from the reference to “a unit of property” this definition is rather circular—it almost seems to say that a hereditament is a hereditament.

In the majority of cases, say, a single house owned by one person, the unit is reasonably self evident. But matters are more complex where, for example, one person owns two separate parcels of land, or one parcel of land which he uses in different ways. The difference in financial terms can also be significant—more units means higher rates, or fragmentation can lead to a discount.

In various cases over the years, and in particular in a series

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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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