0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

retail ATMs and business rates: clarity at last!

21 May 2020

Judgement has been handed down for the seminal case of Cardtronics UK Ltd and others (Respondents) v Sykes and others (Valuation Officers) (Appellants) [2020] UKSC 21.

The core questions that the Supreme Court dealt with were;

  1. Are the sites of ATMs capable of identification as separate hereditaments?
  2. Who was in rateable occupation of the ATMs?

The Supreme Court has held that ATMs are not capable of separate rateable occupation.

Where retailers have ATMs on the external walls of their shops, ATMs will now be included in the rateable valuation for the store rather than assessed as a separate unit. This will undoubtedly mean that the ATM element will now have a negligible impact on the overall rateable valuation of the retail store.

Considering that one of the shops in dispute had an external ATM on that site with a rateable value of £8,300 and there are around 34,000 ATMs across the country, this decision could be a hugely beneficial ruling to all affected retailers.

related opinions

Retail woes extending beyond the property sector and into financial markets

Some commentators had anticipated that persisting retail sector challenges might disrupt more than the make-up of the high street or commercial property negotiations between landlords and tenants.

View blog

Retailers and landlords, are your commercial leases future-proof?

The last two weeks have seen yet another flurry of announcements regarding big high street names including Thomas Cook, Argos, Karen Millen and Coast.

View blog

Compulsory drone registration goes live on 1 October 2019

As part of the continued tightening of the restrictions on drone use within UK airspace, the latest amendments to the Air Navigation Order 2016 come into force on 30 November 2019.

View blog

H&M - fighting the two tier retail market and daring to push for better clarity on turnover rents

H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.

View blog

mailing list sign up

Select which mailings you would like to receive from us.

Sign up