Landlord and Tenant Act 1927

2 Limitation on tenant’s right to compensation in certain cases. E+W

(1) A tenant shall not be entitled to compensation under this Part of this Act—

(a) in respect of any improvement made before the commencement of this Act; or

(b) in respect of any improvement made in pursuance of a statutory obligation, or of any improvement which the tenant or his predecessors in title were under an obligation to make in pursuance of a contract entered into, whether before or after the passing of this Act, for valuable consideration, including a building lease; or

(c) in respect of any improvement made less than three years before the termination of the tenancy; or

(d) if within two months after the making of the claim under section one, subsection (1), of this Act the landlord serves on the tenant notice that he is willing and able to grant to the tenant, or obtain the grant to him of, a renewal of the tenancy at such rent and for such term as, failing agreement, the tribunal may consider reasonable; and, where such a notice is so served and the tenant does not within one month from the service of the notice send to the landlord an acceptance in writing of the offer, the tenant shall be deemed to have declined the offer.

(2) Where an offer of the renewal of a tenancy by the landlord under this section is accepted by the tenant, the rent fixed by the tribunal shall be the rent which in the opinion of the tribunal a willing lessee other than the tenant would agree to give and a willing lessor would agree to accept for the premises, having regard to the terms of the lease, but irrespective of the value attributable to the improvement in respect of which compensation would have been payable.

(3) The tribunal in determining the compensation for an improvement shall in reduction of the tenant’s claim take into consideration any benefits which the tenant or his predecessors in title may have received from the landlord or his predecessors in title in consideration expressly or impliedly of the improvement.

Modifications etc. (not altering text)

C1 S. 2(1)(b) restricted by Landlord and Tenant Act 1954 (c. 56), s. 48(1)

C2 S. 2(1)(c) excluded by Landlord and Tenant Act 1954 (c. 56), s. 48(2)

C3 S. 2(1)(d) excluded by Landlord and Tenant Act 1954 (c. 56), s. 48(3)