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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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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