[2025] UKUT 224 (LC)

We have no hesitation in deciding that the appeal succeeds and the property is to be listed at a rateable value of £640,000. We say that because even if Mr Bailey’s £216 per m² for the Category A value is correct the Category B value will be well over £225 per m²,

We have not determined the value of the property in Category B condition, despite the VO’s request. To do so would have no legal effect since the list is closed. It would have very little persuasive effect in the absence both of consistent expert evidence from the VO and of argument from the ratepayer. We prefer not to muddy the waters by making a judgment that would necessarily be inexact. It is not obvious to us, for example, that where a landlord has paid for the Category B fitting out by making a capital payment to the tenant, that figure should be used in preference to the actual cost incurred by the tenant where that is known. Without argument on that point it is not appropriate for us to comment, and indeed the answer may differ depending upon the facts. That issue will have to await a case where it makes a difference to the outcome, which is not the case here.