Alterations & Improvements

Legal Position

Secure tenants have the right to carry out improvements by virtue of Section 97 of the Housing Act 1985 (Appendix 1). This right is extended to assured tenants of self contained accommodation by the Tenants Guarantee. Other residents do not have the right to make improvements.

Rules regarding the right to make improvements

1. 1. "Improvements" are defined as "any alteration in, or addition to, a dwelling house" and includes, additions or alteration to landlords fixtures and fittings, alteration to the services to the dwelling, the erection of a wireless or television aerial and the carrying out of external decoration.
2. 2. No tenant may carry out improvement without the written consent of the landlord. The consent cannot be unreasonably withheld, and if withheld unreasonably, shall be treated as being given.
3. 3. The landlords consent may be given by the landlord after the improvement has taken place. (Section 98 (3) Housing Act 1985).
4. 4. Where a tenant applies in writing for permission to carry out an improvement the landlord shall if it refuses consent give the tenant a written statement of why permission has been refused.
5. 5. If the landlord neither gives nor refuses permission within a reasonable time, consent shall be taken to have been withheld.
6. 6. If the landlord gives consent but subject to certain conditions, those conditions must be reasonable, where the conditions imposed are unreasonable the landlord will be deemed to have withheld permission unreasonably.
7. 7. A failure by a secure tenant or assured tenant to satisfy a reasonable condition imposed by his landlord in giving consent shall be treated as a breach of tenancy conditions (Housing Act, 1985 Section 99(4)).
8. 8. A tenant may apply to the County Court under section 110 of the Housing Act 1985 if they feel that permission has been unreasonably withheld or if permission has been granted and unreasonable conditions attached. In determining whether permission has been unreasonably withheld the court will have regard to the extent to which the improvement would be likely:
   • a) To make the dwelling house, or any other premises less safe to occupiers.
   • b) To cause the landlord to incur expenditure which it would be unlikely to incur if the improvement were not made, or.
   • c) To reduce the price which the dwelling house would fetch if sold on the open market or the rent which the landlord would be able to charge on letting the dwelling house.
9. 9. Where a tenant makes an improvement at his own expenses the landlord cannot take the improvement into account when increasing the rent . Where the landlord has contributed to the cost the rent may be increased in proportion to the amount contributed.
10. 10. In certain circumstances the landlord may make a payment to the ex-tenant or his successors at the end of a tenancy in respect of the improvements carried out with consent. There is no obligation to do so. (Housing Act 1985, section 100).

Policy and Procedure

1. 1. An application must be made in writing before any alterations are carried out to the structure, the fittings, the services or external appearance of the property. (Which includes erecting sheds, signs, cat flaps and aerials).
2. 2. The maintenance manager will deal with all applications. Approval will not normally be granted for structural alterations. Other alterations will normally be approved provided it does not make the premises or any other premises less safe, it does not cause Granta to incur additional expenditure, it will not reduce the price or the rental value of the property, it does not appear unsightly or out of keeping with the character of the development, and will not be a source of problems to neighbours.
3. 3. If permission is to be refused, the reasons for refusal must be given to the tenant in writing. Where the tenant feels that a wrong decision has been made they may appeal to the Committee. Unless the tenant is a secure tenant or an assured tenant of self contained property, the decision of the Committee will be final. Secure tenants and assured tenants of self contained property have a further right of appeal to the County Court.
4. 4. If permission is granted by the maintenance manager and the housing manager, confirmation will be given in writing. Conditions may be attached to the permission but must be reasonable. A condition of permission for more permanent items, eg kitchen units, immersion heaters etc., should normally be that they are left in a good state of repair when the tenant leaves. Smaller items which are personal to the tenant e.g. cat flaps, CB aerials etc. must be removed and the dwelling reinstated to its original state.
5. 5. Where the alteration is discovered by means of a void inspection, the maintenance manager and the housing manager will decide whether to treat the alteration as a rechargeable repair.
6. 6. When the tenancy of a property where improvements have been made come to an end, the tenant must either leave the improvement in a good state of repair or must ask for permission to remove the alteration or reinstate the property to its original condition. Where items concerned are personal to the departing tenant e.g. cat flaps or CB aerials, the letter granting permission would advise them to remove the item when they leave and reinstate the dwelling to its original condition. If such items are left at the property, the cost of removing them and reinstating the property should be charged as a rechargeable repair.
7. 7. The Society is empowered to make a payment to the departing tenant in respect of improvements carried out, but will not normally do so.

Further Notes

• The Society will not normally assist the tenant with payment towards the cost of carrying out the improvements.
• The rent will not be altered as a result of the improvement, however, improvements such as extensions could have an effect of the rateable value of the property.
• The Society will not normally be responsible for maintaining items which tenants have installed. Maintenance will only become the responsibility of the Society at the commencement of a new tenancy.

Tenants Handbook Extract

For Assured Self Contained and Secure Tenants

You have a right to carry out improvements to your home but you must first write to the Society to obtain permission

The sort of improvement you need permission for include:

• Erecting an outside radio, T.V or CB aerial or a satellite T.V dish.
• Installing a shower
• Fitting double glazing
• Erecting a shed or a fence
• Installing a cat flap
• Changes to the gas or electricity fittings or plumbing. e.g putting in a new kitchen sink
• Carrying out external decorations

These are just examples, if in doubt, you should contact your housing officer.

The Society will only refuse permission if there is a good reason. If you are refused permission you will be told why. The Society may impose reasonable conditions for example that the work is carried out to a high standard.

You will be responsible for obtaining any necessary building regulations and town planning consents for work you propose and paying any charges that are made.

In most cases you will be responsible for any future repairs to your new installation. If you leave your home anything you have provided will become the property of the Society unless it is clearly moveable or something which is personal to your occupation of the dwelling, e.g. a cat flap or a CB aerial. If you want to take something with you, you must replace the original fitting and make good the decorations. For example, if you take a cupboard which you fitted, you must reinstate the original Granta cupboard which you replaced and must make good the wall and any decorations affected.

Rent and Rates

The Society will not increase your rent as a result of any improvements you make to the property while you or an approved successor to the tenancy remains the tenant.

Only major alterations will affect the rates you have to pay. Small items like cupboards or changes to the central heating will not affect the rates. Advice can be sought on this from the District Valuer. Tel: 01223 462656

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