Durley House Ltd v Cadogan and Another: ChD 27 Oct 1999

Rent reviews were to be at a percentage of the freehold value. Tenants improvements were to be disregarded for this purpose. The tenant sub-contracted the management of the flats to a third party who carried out substantial improvements. It was held that the improvements though not strictly carried out by the tenant, though this might not extend to improvements carried out by sub-tenants. A tenant who could demonstrate some direct involvement in the arrangements for the making of improvements to a property could be entitled to compensation on having to vacate the property, even though they had not directly carried out the works themselves. This could be in various ways, including the supervision of the works or the financing of them.

Citations:

Gazette 27-Oct-1999, Times 12-Nov-1999, Gazette 10-Nov-1999

Statutes:

Landlord and Tenant Act 1954 34 (2)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 10 May 2022; Ref: scu.80184