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.
Held: The words of the Act were clear and the value of an improvement could be disregarded only for one year. Nor could the applicant show that there had been a draftsman’s error. The appeal failed.
Collins J
[2009] EWHC 565 (Admin)
Bailii
Local Government and Housing Act 1989, Housing Act 1988 14(3)(b)
England and Wales
Citing:
Cited – Regina v London Rent Assessment Panel, Ex Parte Cadogan Estates Ltd Admn 4-Jun-1997
If the proper rent is higher than the statutory maximum, then the rent should be so set and the assured tenancy status lost. The Committee was not prohibited from assessing the rent of the assured tenancy arising on termination of the long tenancy . .
Cited – Inco Europe Ltd and Others v First Choice Distributors (A Firm) and Others HL 10-Mar-2000
Although the plain words of the Act would not allow an appeal to the Court of Appeal under the circumstances presently applying, it was clear that the parliamentary draftsman had failed to achieve what he had wanted to, that the omission was in . .
Cited – Regina (on the Application of Morris) v The London Rent Assessment Committee and Another CA 7-Mar-2002
Mummery LJ said: ‘In my judgment, the principal submissions are based on a misreading of the statutory provisions. There is nothing in the provisions establishing or supporting a statutory principle of ‘once an assured tenancy, always an assured . .
Cited – East Coast Amusement v British Transport Board; Re ‘Wonderland’ Cleethorps HL 1965
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 . .
Cited – Trustees of Henry Smiths Charity v Hemmings 1982
A Mr Ludovici in 1977 took an assignment of the residue of a lease granted in 1953 which had some 5 months to run. He agreed to do works in return for which he would be granted a fresh lease. This was later assigned to Mr Hemmings.
Held: He . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Housing
Updated: 02 November 2021; Ref: scu.324681