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Compensation for tenants’ improvements: a valediction?

Published online by Cambridge University Press:  02 January 2018

Michael Haley*
Affiliation:
University of Keele

Extract

At common law, any improvements made by a tenant (unless classified as ‘tenants’ fixtures' and, thereby, removable) form part of the freehold and, at the end of the lease, must remain for the reversioner. Subject to the law of waste and to any contrary stipulation in the lease, the tenant remains free to carry out improvements, but is not entitled to compensation. This common law approach can be viewed as a potential benefit to landlords when the improvement adds to the value of the reversion. It may, however, stand as a disincentive to tenants who might otherwise have effected improvements to their properties. It has fallen to Parliament to redress what is widely regarded as this lack of equity.

Information

Type
Research Article
Copyright
Copyright © Society of Legal Scholars 1991

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