Tenant's 'improvements'

[Philip Bowe]

I have a shop with a flat above, currently vacant. The new tenant on assignment installed (with consent) air conditioning for the shop. Now at review, obviously I cannot count the air conditioning in the shop review, as it is a disregard, but they are saying that it reduces the value of the flat because of the noise of the extractors. Surely the 'disregard' works both ways, and I can ignore the effects of the air con in my valuation of the flat. has anybody any similar experience or case law I can quote? The tenant is Iceland Foods. All help appreciated!

[Lawcruncher]

It may come down to the precise wording of the lease or consent, but I think you are right that the basic principle has to be that a disregard is a disregard and that the premises are valued on the basis that the improvement or addition had never been made.

I think the response has to be: "Nice try - but no."