Use of Empty Rates Relief for Commercial and Industrial Properties

The request was successful.

Dear Kingston upon Thames Borough Council,
I would like to request responses to the following questions:
1) For how many commercial properties within the London Borough of Kingston Upon Thames have there been multiple applications for empty rates relief in the past three years with a time lapse of no less than approximately four and a half months between applications?
2) For how many industrial properties within the London Borough of Kingston Upon Thames have there been multiple applications for empty rates relief in the past three years with a time lapse of no less than approximately seven and a half months between applications?
3) What are the addresses of the properties covered by your answers to questions (1) and (2) above?
4) Who are the proprietors of the properties covered by your answers to questions (1) and (2) above?
5) For each proprietor covered by your response to question (4), what is their interest in the property (for example, freehold or leasehold)?
6) For each proprietor covered by your response to question (4), are they a Real Estate Investment Trust (REIT)?
7) If the applicants for empty rates relief for the properties covered by your answers to questions (1) and (2) above are not the proprietors of those properties, who are the applicants?
8) For each of the properties mentioned in your answers to the questions above, on what date did the London Borough of Kingston Upon Thames receive the most recent application for empty rates relief, and was such relief granted?
Alternatively, if you already operate a publication scheme for any of the information requested above, please can you let me know where and how I can access this scheme in order to obtain that information? Of course, for any information requested above that is not part of a publication scheme, I would still like to receive that information from you by way of this Freedom of Information request.
I understand that certain landowners are exploiting a loophole in the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008 to avoid paying business rates for long periods of time while keeping their properties empty.
An empty commercial or industrial property will be exempt from paying business rates for a certain period of time. After three months (for a commercial property) or six months (for an industrial property) of being empty, the landowner must start paying business rates again.
I am aware that certain landowners will enter into a lease of at least six weeks at the end of this three or six month period with the sole intention of using this lease to avoid paying business rates for a further three or six months once the lease expires.
This is done to get around regulation 5 of the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008, according to which a lease of less than six weeks would not achieve this goal.
It is worth noting that, despite the six week lease, the property is likely to remain continuously empty by any reasonable definition of the word, as High Court case-law has found that simply installing Bluetooth apparatus into a premises is enough for that property to be “occupied”.
I trust there will be no issues regarding the ‘personal data’ exemption to disclosing information. I understand that ‘personal data’ is limited to data about identifiable living individuals and does not extend to information about companies or organisations. To the extent that the vast majority of answers you can provide to my questions above will relate to companies and organisations, I expect you will be able to disclose those answers without breaching your obligations under the Data Protection Act.
However, if you take the view that some of the requested information does constitute ‘personal data’, I trust you will be able to find a way of processing it fairly and lawfully such that you are able to fulfil your duties under the Data Protection Principles. I implore you to find a way of doing so, especially given the public interest in disclosing this information, given its importance to the public discussion on issues such as tax avoidance, homelessness and property speculation. Such importance was recently recognised by Judge Fiona Henderson, who noted in the context of a freedom of information case brought against Camden London Borough Council that “the public interest lies in putting empty properties back into use” and who thereby ordered the disclosure of certain information that would facilitate this. It is suggested that the information requested herein would also facilitate this, by contributing to the public discussion on properties that remain empty and hopefully driving forward public policy proposals that would bring such properties back into use.
Yours faithfully,
L Jones

Fois, Kingston upon Thames Borough Council

Dear L Jones ,

Freedom Of Information Request

 

Thank you for your e-mail to the Customer Contact Centre containing a
Freedom of Information request.

 

Your request has been processed under the job number CAS-502551-H8Z5J8 and
a response will be sent to you within twenty working days as defined by
the Act.

 

 

Yours sincerely,

 
Freedom of Information Team

Royal Borough of Kingston

[1]http://www.kingston.gov.uk/info/200232/c...

The information contained in this message is confidential. It is intended
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2 Attachments

 

Dear L Jones,

 

Further to your recent Freedom of Information request please find attached
my response.

 

Should you require any further assistance please don’t hesitate to contact
me.

 

Yours sincerely,

 

Antony Faulkner

Revenues Manager

RB Kingston upon Thames

 

Tel: 020 8547 5007

[1]www.kingston.gov.uk

 

Disclaimers apply, for full details see :
(https://www.kingston.gov.uk/info/200281/...)

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