| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 190 (Apr) |
| Neutral Citation: | [2010] EWCA Civ 425 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Sir Andrew Morritt C, Arden and Patten LJJ |
| Representation | Martin Rodger QC and Victoria Williams (instructed by David Tagg & Co) for the claimant. |
| Philip Rainey QC and Christopher Heather (instructed by Forsters) for the defendant. | |
| Judgment Dates: | 27 April 2010 |
Catchwords
Landlord and tenant - Rent - Low rent - Claimant occupying defendant's property under long residential tenancy - Underlease expiring and defendant proposing new assured periodic tenancy - Rent assessment committee finding not entitled to disregard improvements claimant making to flat in determining rent - Judge concluding unable to write in words to relevant legislation to achieve supposed purpose - Whether improvements made to flat to be taken into account in fixing rent - 10.
The Case
Landlord and tenant Rent. The Court of Appeal, Civil Division, found that where the claimant had held a long residential tenancy of the defendant's property, which had expired, therefore meaning she remained in possession under an assured periodic tenancy, improvements made by the claimant to the flat had to be taken into account in fixing her rent pursuant to the .
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