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Paramount Control and VOA Property Split Refusals

Writer: Steve Adams
Steve Adams
May 8, 2024
1 min read

Updated: Aug 18

The VOA may refuse a property split where the evidence indicates that the landlord or another party retains paramount control over the whole premises. A plan showing separate rooms is not enough by itself.

What separate occupation looks like

Evidence may include exclusive areas, keys, defined access, signage, independent businesses, rent payments and written agreements. The practical occupation on site must support the documents.

Why paramount control matters

If one party can move occupiers, enter all areas freely or control how the entire property is used, the VOA may treat the site as one hereditament. Shared facilities are not automatically fatal, but they must be explained clearly.

No formal lease does not end the case

A lease is useful evidence, but the rating question depends on the facts of occupation. Equally, a document labelled as a lease will not overcome evidence that the occupier lacks genuine exclusivity.

Prepare an occupation schedule

For each occupier, record the area, start date, agreement, rent, access route, keys and shared facilities. Provide an accurate plan and current photographs.

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