[Carmel Waters]

Hi all, we have a property that is owned by both Land & Housing Corp and a local lions club that provides low cost accommodation. They have been rated as residential in the past and have now requested a review of category to be non-ratable. All our other LAHC properties are residential rated, including ones managed by tenancy schemes, such as Southern Cross Housing. This was done under Section 560 (4) of the Local Government Act 1993. Does this apply the same to co-owned properties or does the public charity work of the lions override this? Appreciate any information.

[Robert Hay]

Hi Carmel

What Section of the Act are they requesting rates exemption under? If they are requesting exemption they should be telling you what section they are applying under?

If its under 556 (h) land that belongs to a public benevolent institution or public charity and is used or occupied by the institution or charity for the purposes of the institution or charity, which Im guessing they would be applying under they should provides their Articles of Association/Governing Document.

Also I’d do a title search to confirm ownership.

There is a lot of caselaw on the under the Case Law link that deals with similar matters.

Robert

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