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ARTICLE · 25 JANUARY 2019

Business Rates And ATMs

In Cardtronics Europe Ltd and others v Syke and others (Valuation Officers) [2018] EWCA Civ 2472

United KingdomReal Estate and Construction

In Cardtronics Europe Ltd and others v Syke and others (Valuation Officers) [2018] EWCA Civ 2472, the Court of Appeal was asked to decide the correct legal approach to the rating of ATMs in retail premises.

Background and facts

Business rates are a tax on individual "hereditaments", meaning units of property. They are charged on most non-domestic premises including shops, offices and warehouses, by valuation officers assigning a rateable value to these premises.

Where a hereditament is wholly or partly occupied, rates are payable by the party who is in rateable occupation. However, the concept of rateable occupation is not straightforward where there are two or more parties exercising control over the premises in question.

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