Tenant's improvements
Tenant's improvements

The following Property practice note provides comprehensive and up to date legal information covering:

  • Tenant's improvements
  • What happens if the landlord elects to carry out the work?
  • Compensation
  • Mesne landlords

The Landlord and Tenant Act 1927 (LTA 1927) allows a tenant to serve notice stating its intention to carry out specified improvements. If the landlord either does not object within three months, or the court certifies that the proposed works constitute a proper improvement, the tenant is free to go ahead with the improvement even if the lease contains an express prohibition. It is not possible to contract out of this entitlement.

If the improvement is a proper one, the only circumstance in which the court cannot give the go-ahead to the tenant is where the landlord offers to carry out the improvement himself in return for a reasonable increase in the rent.

The court must be satisfied that the improvement:

  1. is calculated (which means is likely) to add to the letting value of the holding as at the termination of the tenancy

  2. is reasonable, and is suited to the character of the premises (in this respect, the court must be satisfied that the improvement will not injure the amenity or convenience of the neighbourhood), and

  3. will not diminish the value of any other property belonging to the same landlord, or to any superior landlord from whom he holds directly or indirectly

The court will determine what constitutes an improvement from the tenant's point of view. The landlord does not have to agree that the alterations represent

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