Examples of the eligibility of items that might be included under the Amnesty
A secure tenant contacted the TFC for advice regarding a building that was being considered under the amnesty. He had compiled a list of tenant’s improvements which he had discussed with his landlord’s agent.
They had agreed most items but were still considering a particular building which the tenant had constructed at his own expense but which the landlord had refused to grant permission for at the time. The building is now used for a diversified activity for which the landlord accepts income.
TFC Response
The building was built after 1948 so it is classed as a Part 2 improvement which required the landlord to be notified and which could be objected to by the landlord. Whilst the Tenants’ Amnesty allows certain improvements to be claimed, even if the proper procedures were not followed at the time, unfortunately this does not extend to this situation.
The building could, however, be discussed in the context of the Tenant’s Amnesty and could be included as a tenant’s improvement if the landlord agreed. Whilst there is not a requirement for the landlord to accept this building as a tenant’s improvement, the fact that the building is now of value to both the tenant and the landlord would strengthen the case for its inclusion.
