References: [1965] AC 58
Coram: Viscount Simonds
Ratio:Under the section, the benefit of improvements would only be obtained by the tenant if carried out during the current tenancy. Viscount Simonds said: ‘If there is any ambiguity about the extent of (the) derogation (by a statute from common law rights), the principle is clear that it is to be resolved in favour of maintaining common law rights unless they are clearly taken away.’
Statutes: Landlord and Tenant Act 1954 34
This case is cited by:
- Cited – Hughes v Borodex Ltd Admn (Bailii, [2009] EWHC 565 (Admin))
The tenant under a long lease appealed against a rent assessment which increased the amount payable to a level where she lost her security of tenure. She said that 17 year old improvements she had made should not have been taken into account. - Cited – Hughes v Borodex Ltd CA (Bailii, [2010] EWCA Civ 425, Times, [2010] WLR (D) 106, WLRD, [2010] 29 EG 88, [2010] 18 EG 99)
The court considered the determination of a new rent on the conversion of a long tenancy protected under Part I of the 1954 Act to an assured periodic tenancy under the 1988 Act. The tenant had carried out improvements which she now wanted to be . .
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Last Update: 18-Jul-16
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