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Tag Archives: empty rates

Posted in Real Estate News

Landlord liable for business rates following lease disclaimer

It has been understood since the Hindcastle case in 1997 that a guarantor’s payment obligations under a lease survive disclaimer by an insolvent tenant’s liquidator.  What has been less clear is how that works, given that the tenant’s obligation to pay rent dies when the lease is disclaimed. Does the guarantor’s liability continue because the

Posted in Case Updates

Rateable occupation must be beneficial to occupier

Makro Properties Ltd v Nuneaton and Bedworth BC [2012] EWHC 2250 (Admin) Makro was the tenant of a wholesale warehouse in Coventry. The Local Authority sought to recover empty rates from Makro for the years 2009 and 2010. It was accepted by Makro that the property was empty for part of that period. However, Makro