REFUND ORDERED

Evening Post, Volume CXII, Issue 30, 4 August 1931, Page 7

REFUND ORDERED

HALF THE RATES

ON UNOCCUPIED HOUSES

Refund of £14 js 4d, being half the rates paid in respect of two unoccuped houses at Eastbourne, was ordered by Mr. E. Page, S.M., sit the Magistrate's Court to-day when ho delivered judgment in favour of J. R, E. Bennett, who claimed to recover that amount from the Eastbourne Borough Council. ' Under Section 09 of the Rating Act of 1925,' said Mr. Page, it was provided that whore any dwelling house or other building remained actually vacant and unoccupied for not less than six months in any rating year and the owner gave notice to tho local authority, he would be liable to pay only one-half of the amount of the year's rates. The plaintiff had a property at Eastbourne which for more than six months iv tho rating years ending on 31st March, 1930, and 31st March, 1931, was unoccupied. He gave notieo in each year, claiming the allowance provided for. The council contended, however, that the section did not apply to his case, and insisted on the full payment of the rates. These the plaintiff had paid, under protest. Two grounds were taken by the council in answer to tho claim, tho first being that the Act did not apply where the system of rates was on tho unimproved value. It had been established, continued the Magistrate, that the section was applicable to any system of rating. At the hearing of the case Mr. E. Parry, who appeared for the council, had conceded that that ground could not be supported. Tho second ground had reference to the nature of the buildings on the property. Section 69 gave exemption to any dwelling houso or other building. Tho property in question, which was situated in County road, consisted of a section on which two buildings were erected, one being a dwelling house and the other a building of four rooms, one of which was fitted up as a shop. The other rooms were marked on the plan, sitting-room, bedroom, and the other, unnamed on the plan, had a cupboard in it with a flat top similar to a sink top. Tho. whole property was, when the plaintiff bought it some eight years ago, in the occupation of one tenant, j She and her household ran a small grocery business in the part fitted as a shop, and appeared to have occupied the balance of that building and the whole of tho other for residential purposes. ' "It is clear that the larger of tho buildings comes within the section," said Mr. Page. "In my opinion, the smaller building, being a dwelling with a shop attached (the dwelling part constituting the major portion of the building) also comes within it. I think, therefore, that tho plaintiff is entitled to the relief asked"for." At the hearing of the case Mr. D. W. Virtue appeared for the plaintiff. On the application of Mr. Parry, security for appeal was fixed at. the amount of the judgment, plus '£,7 7s.