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.’
Judges:
Viscount Simonds
Citations:
[1965] AC 58
Statutes:
Landlord and Tenant Act 1954 34
Jurisdiction:
England and Wales
Cited by:
Cited – Hughes v Borodex Ltd Admn 25-Mar-2009
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 27-Apr-2010
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 07 May 2022; Ref: scu.324697