Law of Property Act 1969

1 Improvements to be disregarded in fixing rent. X1 E+W

(1) In section 34 of the Act of 1954 (rent under new tenancy) the following paragraph shall be substituted for paragraph (c) (improvements to be disregarded):—

“(c) any effect on rent of an improvement to which this paragraph applies”and the following subsection shall be added (the present section, as amended by the foregoing provisions, becoming subsection (1)):—

“(2) Paragraph (c) of the foregoing subsection applies to any improvement carried out by a person who at the time it was carried out was the tenant, but only if it was carried out otherwise than in pursuance of an obligation to his immediate landlord, and either it was carried out during the current tenancy or the following conditions are satisfied, that is to say,—

(a) that it was completed not more than twenty-one years before the application for the new tenancy was made ; and

(b) that the holding or any part of it affected by the improvement has at all times since the completion of the improvement been comprised in tenancies of the description specified in section 23(1) of this Act ; and

(c) that at the termination of each of those tenancies the tenant did not quit.”

(2) In section 41(1)(b) and section 42(2)(b) of the Act of 1954 the words “subsection (1) of” shall be inserted before the words “section 34”.

Editorial Information

X1 The text of ss. 1–12(1), 13 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.