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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70697
Experience:  Over 5 years in practice.
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We have a tenant on a secure tenancy. They have lived in the

Resolved Question:

We have a tenant on a secure tenancy. They have lived in the property for 50 years and have looked after the property well. They have made some improvements themselves such as dropping the curb for off road parking and they say putting in central heating. The landlords have also maintained the property carrying out annual gas checks and boiler services, installing double glazing etc. The tenant pay £415.00 pcm which is way below market value of £1050.00. This disparity is being dealt with by the rent assessment officer however the tenants state if the rent were to go up they would remove the improvements they have made. Can they do this ?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What is the value of the alterations made please?
Customer: replied 3 years ago.

At a guess £5000.00 though could easily be half that amount

Expert:  Remus2004 replied 3 years ago.
Thanks.

No they cannot do this.

There is already case law on it and in fact, if they do that, it is criminal damage, which as well as a civil matter is also a police matter.

The legal situation is that once something has become attached to the property it becomes part of the property.

And therefore if they remove things which they have attached to the property they are deemed to be damaging the property.

Although the name of the legal case escapes me it was to do with extra wiring placed in the property by the tenant which the tenant subsequently removed and was taken to court by the landlord and I think also the police.

You can threaten the tenant with an injunction to prevent them removing this and make the point to them that if they do this, they are threatening criminal damage which is a criminal offence on its own even if they do not try to take the stuff out.

Can I clarify anything for you?

Jo
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