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CHERRY SHEILA HUGHES v BORODEX LTD

Although the Local Government and Housing Act 1989 Sch.10 para.11(7) had the effect that improvements carried out by a tenant under a long residential tenancy were to be disregarded in determining rent under a new periodic assured tenancy arising at the expiry of that tenancy, the function of Sch.10 para.9, para.10 and para.11 was limited to establishing the initial rent and did not apply to subsequent rent determinations under the Housing Act 1988 s.13 and s.14.

4 May 2010

The appellant tenant (H) appealed against a decision that improvements she had made to a flat owned by the respondent landlord (B), under a long residential tenancy, were not to be disregarded when fixing rent under the new assured periodic tenancy that arose following the expiry of the first tenancy. The long residential tenancy had expired following the introduction of the Local Government and Housing Act 1989 and B had served a notice upon H, proposing a new assured periodic tenancy. H did not accept the level of rent proposed by B, and the matter was referred to the rent assessment committee which determined the rent and in doing so, disregarded the improvements. Over three years later, B served H with a further notice proposing a new rent. The rent was determined by the rent assessment committee again and it concluded that it was not entitled to disregard the improvements. On appeal, the judge agreed and held that it was not possible to be satisfied that the removal, by the 198...

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