Business Rates - Refused Small Business Rates Relief

[sfuk]

Hi All. 

 

So I took over a lease on August 1st 2019. The building is going to be used as a web cafe and an it service centre. I set up the service centre at the back and started work on the cafe side. I hope to be completed sometime in March 2020.

 

I applied for small business rates relief and have been denied. Apparently someone came our and looked at the building, decided it was empty and subsequently refused the application on those grounds. When i rang the council i argued that i was set up on the back and have been since August 1st. The council argue that as I have not moved stock into the business, I am not entitled to small business rates relief. They have subsequently applied to the court for a liability order for 2500. 

 

My question. 

 

1. What is the law they rely on. They have been as sketchy as hell and wont tell me. The only response I have had is to google it. 
2. What is the legal definition of occupation for the purposes of business rates.  
3. Does anyone know of any case law that can help me

 

[AMC84]

These are the regulations regarding granting of small business rate relief. http://www.legislation.gov.uk/uksi/2017/102/made

 

The premises on which you are seeking relief must be occupied for business rates purposes otherwise if it is not, you are subject to empty property rates

 

rules of occupation:

actual

beneficial

exclusive

Non transient

 

Based on you saying it is “going” to be used suggests future tense and that you aren’t using the premises for trading yet. You can’t claim the relief until the point you occupy. 

Edited November 17, 2019 by AMC84
Missed a bit