Housing Act 1980

81 Tenant’s improvements. E+W

(1) The following provisions of this section have effect with respect to F1 protected tenancies and statutory tenancies in place of section 19(2) of the M1 Landlord and Tenancy Act 1927.

(2) It is by virtue of this section a term of every such tenancy that the tenant will not make any improvement without the written consent of the landlord.

(3) The consent required by virtue of subsection (2) above is not to be unreasonably withheld and, if unreasonably withheld, shall be treated as given.

(4) Subsections (1) to (3) above do not apply in any case where the tenant has been given a notice—

(a) of a kind mentioned in one of Cases 11 to 18 and 20 in Schedule 15 to the 1977 Act (notice that possession might be recovered under that Case); or

(b) under section 52(1)(b) of this Act (notice that a tenancy is to be a protected shorthold tenancy);

unless the tenant proves that, at the time when the landlord gave the notice, it was unreasonable for the landlord to expect to be able in due course to recover possession of the dwelling-house under that Case or, as the case may be, Case 19 of Schedule 15 (added by section 55 of this Act).

(5) In Part I, and in this Part, of this Act “improvement” means any alteration in, or addition to, a dwelling-house and includes—

(a) any addition to, or alteration in, landlord’s fixtures and fittings and any addition or alteration connected with the provision of any services to a dwelling-house;

(b) the erection of any wireless or television aerial; and

(c) the carrying out of external decoration;

but paragraph (c) above does not apply in relation to a protected or statutory tenancy if the landlord is under an obligation to carry out external decoration or to keep the exterior of the dwelling-house in repair.

Textual Amendments

F1 Words repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Marginal Citations

M1 1927 c. 36(75:1).