Vacancy in UK Law

Leading Cases
  • Arbuckle Smith & Company Ltd v Greenock Corporation
    • House of Lords
    • 18 February 1960

    Yet activity carried on in relation to premises, the sole object of which is to make the premises fit for the only use which is contemplated, does not amount to the kind of actual user as is essential to rateable occupation. So long as the activities were confined to making the premises fit for a contemplated purpose, the premises were not serving the Appellants' purposes as warehousemen.

    It is evident, therefore, that there will not be occupation in the context of rating unless some use is made of the hereditament in the course of the relevant year. "Use" is not a word of precise meaning, but in general it conveys the idea of enjoyment derived by the user from the corpus of the object enjoyed.

    Now, the Appellants never used the warehouse in question here as a warehouse during 1957-58. This is not a case of a warehouse being kept empty in one year by its owner after it had been used as such by him in the previous year: nor is it one of those cases of "stand-by" premises such as were the subject of decision in Borwick v. Southwark Corporation [1909] 1 K.B. 78 and Associated Cinema Properties, Limited v. Hampstead Borough Council [1944] 1 K.B. 412.

    Since language is not a precise instrument, it is possible to say that there was use of the premises in the circumstance that they were entered and subjected to the work of adaptation. I do not think, however, that it is this sort of user that is relevant when the Court is considering whether a warehouse was in rateable occupation. There was no enjoyment of the value of the building as a warehouse.

  • Ravenseft Properties Ltd v Newham London Borough Council
    • Court of Appeal (Civil Division)
    • 14 October 1975

    (b) that the work remaining to be done on a building within their area is such that the erection of the building can reasonably be expected to be completed within three months, and that the building is, or when completed will be, comprised in a relevant hereditament, the authority may serve on the owner of the building a notice (hereafter in this paragraph referred to as 'a complete notice') stating that the erection of the building is to be treated for the purposes of this Schedule as completed on the date of service of the notice or on such later date as may be specified by the notice."

    If the building lacks features which before it can be occupied will have to be provided and when provided will form part of the occupied heredity-amount and form the basis of the valuation of that hereditament, then I would take the view, unless constrained to the contrary, that that building was not within the meaning of the relevant provision of a completed building.

  • Gloucester City Council v Miles
    • Court of Appeal (Civil Division)
    • 20 February 1985

    To do so it must state (a) that the authority is satisfied that applicant for accommodation becamehomeless intentionally; (b) when he or she is considered to have become homeless; (c) why he or she is said to have become homeless at that time, i.e. what is the deliberate act or omission in consequence of which it is concluded that at that time he or she ceased to occupy accommodation which was available for his or her occupation?

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    • UK Non-devolved
    • January 01, 1944
  • Coronavirus Act 2020
    • UK Non-devolved
    • January 01, 2020
    ...... “relevant election” means an election of a councillor for any local government area in England to fill a casual vacancy; . “relevant referendum” means a referendum under or by virtue of Schedule 4B to the Town and Country Planning Act 1990 (referendums on ......
  • Wales Act 2017
    • UK Non-devolved
    • January 01, 2017
    ....... (4) Omit subsection (6). . (5) In section 51 of that Act (election to fill vacancy in office of commissioner), for subsection (6) substitute— . “(6) A person is a relevant elector for the purposes of subsection (5) in relation ......
  • Salmon Fishery Act 1865
    • UK Non-devolved
    • January 01, 1865
    ....... The Proceedings of a Joint Committee shall not be invalidated by reason of there being any Vacancy or Vacancies in their Body. S-12 . Meeting of Joint Fishery Committee. 12 Meeting of Joint Fishery Committee. . 12. The said Joint Fishery ......
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Books & Journal Articles
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Law Firm Commentaries
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    • LexBlog United Kingdom
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    • JD Supra United Kingdom
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  • What Does the UK's New Conservative Government and New Secretary of State for Energy and Climate Change Mean for the UK's Energy Sector?
    • JD Supra United Kingdom
    Introduction - On 8 May 2015 David Cameron's Conservatives won an unexpected majority in the House of Commons, bringing an end to the Conservative-Liberal Democrat Coalition th...
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