Landlords who own empty property must aim at acquiring the former tenants so that they can seek for empty business rates relief. One needs to make special arrangements in case the empty premises are being occupied with a charitable trust. Premises with the charitable trusts are imposed by various legal formalities by the courts that are specifically needed to be fulfilled by the landowners.
Empty business rates case law exempts the tenants till first six months if the property is occupied by a certain industrial unit. It is very crucial for the landowners make special arrangements for the tenants as per the governmental rules and norms. There may be different standards opted by the landlord and the tenant in occupying the land. However, in each case, one must thoroughly find out the rules regarding empty business rates case law.
During the earlier phases, the courts had held various tests that were needed to be satisfied just before the exemption took place. It considered the following points before leasing any property to the tenants:
- Kind of occupation that benefits the rate payers
- The transience of the rate payer
- Paramount or exclusive occupation of the person acquiring the land
- Actual occupation of the person acquiring the lands
Applying the former points, the governments gave six months exemption when the land was occupied for at least six weeks. Even if the premises are not being used as repository, they ought to be used for some or the other means which should have benefited the tenant.
Regarding the empty business rates relief in case of a charitable trust, the law pertains:
- The occupied charitable trust ought to make the optimum usage of the availed land
- The charitable trust needs to show that till what extend are they using the land so that the degree of empty business rates Wales can be considered.
- It shall be duly considered that whether the charitable trust shall be occupying the premises for making the optimum usage of the property or for carrying out any sort of occupation.