Disputed Liability Order Hearings
More expert advice from Alex Worthington on dealing with disputed liability order hearings in the Magistrates Court
Local Authority
Government Consultation On Rates Avoidance/Evasion
We take a look at the latest consultation from the government on rates avoidance.
Set Aside Applications – Part 1
Part 1 of our detailed series of articles on litigation in the Magistrates Court
A Full House? Multiple Occupancy and Business Rates
Solicitor, Aidan Thomas, discusses billing issues in the case of multiple occupancy.
Bulk Hearings – Back to the courtroom?
A look at the slow but steady move back to actual hearings in the Mags Courts
Does A Bankrupt Have Legal Standing To Challenge Liability Orders?
We consider the judgment of Mr Justice Swift in Agba v Luton Borough Council [2020] WLUK 59 which serves as a timely reminder on this point.
Order for Sale following Proprietor’s Deportation to Jamaica
We acted for a local authority who had instructed us to recover sums in excess of £50,000 in respect of liability orders awarded for unpaid business rates.
Landlord Evidence Successfully Challenged
Property owners held liable after evidence given at trial deemed “wholly unsatisfactory” and a “skeletal mess”
Who Is Liable For Empty Rates – Landlord Or Tenant?
The Landlord claims there’s a lease in place. The Tenant claims they served notice to quit. Who was liable?
Its Been A Long Time Coming, But Change Gon’ Come
In November 2022, the Valuation Office Agency updated the rateable values of all non-domestic property in England and Wales. The revised rateable values take effect from 1 April 2023.
A Dangerous Parrot and an Axe Wielding Tenant
An unusual case of tenants who did not want to leave the property they had themselves driven to dereliction.
VT Victory for Local Authority in “rent to rent” Case
We successfully challenged a freeholder seeking to hide behind a lease granted to a related company.
Dealing Effectively with Disputed Magistrates’ Court Proceedings
Applications for liability orders for NDR are typically dealt with in bulk lists before the Magistrates’ Court. Sometimes hundreds at a time, in a process that has been honed over the years to work effectively for both the Court and the billing authority, in circumstances where the majority of respondents do not turn up to …
Dealing Effectively with Disputed Magistrates’ Court Proceedings Read More »
Obligations of Local Authority Housing Association Landlords
What duties does a landlord have to their tenants in regard to maintenance? Statutory Obligations The Landlord and Tenant Act 1985: Section 11(1) states that the landlord is responsible for keeping the following in repair and proper working order: The structure and exterior of the dwelling and the building containing the dwelling (including drains, gutters …
Obligations of Local Authority Housing Association Landlords Read More »
GK Team Fights Off Set Aside App
Applications to set aside liability orders for Non-Domestic Rates are becoming increasingly common place following the lifting of pandemic restrictions and in the current cost of living crisis.
Set Aside Applications Defended Successfully
This recent case study demonstrates our expertise in handling disputed Magistrates Court proceedings.
OR Deposit Increase – 1st November 2022
On 1st November 2022 the Official Receiver deposit, payable on the issue of bankruptcy or winding up proceedings will be increased.
Greenhalgh Kerr: Specialist Debt Recovery From Deceased Estates For Local Authorities
Our specialist enforcement of recovery from deceased debtors assisted a local authority with a debt for unpaid adult social care costs, following the death of a care home resident.
Help With Deceased Estates
In October 2020 we renewed our focus on assisting local authorities with recovery of debts owed by deceased estates. A year later we have had many successes in recovery of unpaid adult social care costs and council tax debts from estates. Here, we share some of the stories. Abandoned property The council wanted to bring …
Occupation and Makro Schemes : An Update
A look at the recent Harlow & Public Health England decision which clarifies the court’s position in relation to 6 week occupation schemes
Applying Kaye To Partial Year Liability
Q: Can you please explain how the Kaye v South Oxfordshire decision affects liability for CT or NDR if the insolvency event happens part way through the year?
Repayment Arrangements with Debtors
Q: A Liability Order has been granted against a ratepayer. They now want to pay by instalments. What considerations do I need to have?
Procuring Our Services
Procurement can often be a barrier to revenues teams who wish to use the services of Greenhalgh Kerr to assist with recoveries. However, there is now an option which might assist.
A Look At The Hurstwood Decision
The recent Supreme Court decision in Hurstwood has changed the test for who is liable for NDR on an empty property. But can it be applied to tackle the ongoing problem of MVL schemes?
Sham Lease or Valid Transaction?
Up until very recently, the Court has generally found in favour of companies running rates avoidance/mitigation schemes when considering whether a lease is a sham or valid transaction.
The recent decision of Isle Investments Limited v Leeds City Council CO/2677/2020 (“Isle Investments”) is a relatively rare victory for Local Authorities in this hard-fought field.
