Tenants Fixtures under AHA86 Flashcards
What statutory provision exist for instances where a Landlord has not provided consent for an improvement?
The ‘improvement’ is treated as a Tenants fixture for the purposes of the act and under S10 the tenant has rights to remove fixtures during the term of the tenancy or in the two months following the termination of the tenancy (providing correct notices are served).
What are the exceptions to the Tenants rights to be able to do this?
- The Tenant must not owe any rent or be in breach of obligations to the L in respect of the holding.
- Not fulfilling the service of correct notices
What timescales and notice provisions are there?
The Tenant must serve at least one month’s written notice, both prior to the removal of the fixture and the termination of the tenancy, on the Landlord stating their intention to exercise their rights.
What if the Landlord doesn’t want the fixture removed?
The Landlord can serve a counter notice on the Tenant (in the 1 month’s notice the T has served on the L) stating their intention to purchase the building at a ‘fair value of that fixture to an incoming T of the holding’
What if the Tenant doesn’t remove the fixture in time (within the 2 months following the termination of the tenancy)?
T loses all rights to said fixture
What if the Landlord and Tenant can’t agree on what the ‘fair value to an incoming T’ should be for the fixture?
If the parties are in dispute over agreeing what a hypothetical incoming tenant would pay to take on the item on the date of the intended removal, taking into consideration its condition, potential use and prospective life, then the matter can be unilaterally referred to arbitration or jointly to 3rd party determination.
