The Benyon Estate
Louis H, Property Manager
Hello Louis, I saw you hold retail units and restaurants across Hackney.
I'm writing about the vacant business rates on that empty space, and the expected impact that the Court of Appeal decision on 29th July this year may have. The CoA overruled the case that box-shifting and intermittent occupation schemes have leaned on for years now. Occupation on its own is no longer enough. What counts now is whether the tenant had a real commercial reason to be in the building, beyond saving you the rates.
If you use one of those arrangements, your provider may not have mentioned it yet. If you don't, you are simply paying the lot. Our process was conceived in anticipation of this test, several months before the ruling: our tenant company takes a lease and genuinely trades from the building. You save 65 to 75% of the rates demand.
I can put a page together on one of your empty buildings, what you would save and why this holds up if anyone asks. Costs you nothing either way. Would that be useful?
Jeremy
Mothball
Hello Louis, I saw you manage a variety of property types, including workshops and premium office spaces in Hackney.
I wrote to you about empty rates, and the Court of Appeal ruling that changed what counts as occupation. If you do use a mitigation arrangement, two questions are worth putting to whoever runs it.
What is your occupier actually doing in the building, beyond saving you the rates? And could you prove it if a council asked?
Most arrangements were never built to answer that. Ours was: our tenant company trades from the property, and it would still have a reason to be there if the relief did not exist. We have mitigated business rates since 2008, for owners of every size, from single buildings to listed portfolios, and saved them hundreds of millions.
I can put ours next to what you run today, on one of your buildings. Worth a look?
Jeremy
Mothball
Hello Louis, across Hackney, commercial property like yours tend to have a floor or a unit standing idle. Last email from me, promise.
Empty rates only hurt when something is actually standing empty, and from the outside I can't tell if that's true for you right now. If I'm wrong and everything is let, ignore me and long may it last.
If I'm right, the offer stands: our tenant company takes the rates demand off an empty building by genuinely trading from it, which is exactly the test the Court of Appeal has just made decisive. You save 65 to 75%.
One page on one of your buildings, the money you would save and the reasoning that holds it up if anyone asks. Shall I put it together?
Jeremy
Mothball