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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 was neither the tenant under the regulated tenancy nor was Mr Ludovici his predecessor in title. The tenancy which became the regulated tenancy did not commence until July 1972, after the previous tenancy had come to an end.

Citations:

(1982) P and CR 377

Statutes:

Rent Act 1977 70(3)(b)

Jurisdiction:

England and Wales

Cited by:

CitedHughes 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.
CitedHughes 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.

Housing, Landlord and Tenant

Updated: 07 May 2022; Ref: scu.324696

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