Unimprovable: compensation under section 1 of the Landlord and Tenant Act 1927 – Hardwicke Chambers

Posted April 1st, 2020 in chambers articles, compensation, consent, housing, landlord & tenant, news by sally

‘Some statutory provisions are not as well understood as they should be. Property practitioners are likely to be familiar with section 19 of the Landlord and Tenant Act 1927 (LTA 1927), which implies into qualified covenants against the making of improvements to leasehold premises an obligation on the landlord not to withhold consent to such alterations unreasonably. This provision is not without authorities considering what amounts to unreasonably withholding consent, although admittedly fewer than the extensive canon of case law considering the related issue of consent to assigning or subletting under the Landlord and Tenant Act 1988. By contrast, there has been very little judicial consideration of the circumstances in which a tenant is entitled to compensation from its landlord for improvements carried out at the tenant’s expense.’

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Hardwicke Chambers, 31st March 2020

Source: hardwicke.co.uk