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 in excess of andpound;25,000.
Times 10-Jul-1997,  EWHC Admin 515, (1998) 30 HLR 487,  3 WLR 833,  2 EGLR 134,  QB 398,  34 EG 88, (1998) 76 P and CR 410
Approved – 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 – 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.
Lists of cited by and citing cases may be incomplete.
Updated: 19 May 2022; Ref: scu.87211