[2009] EWHC 565 (Admin), 25 March 2009. The case turns around a determination of rent and the loss of protection on assured tenancy. Cherry Sheila Hughes (H) appealed against a decision of the rent assessment committee on the amount of rent payable to Borodex Limited (B). H had a long lease with B. In 2003 the long residential tenancy ended and was replaced by an assured periodic tenancy under the Local Government and Housing Act 1989. No agreement on the rent payable was reached and the decision was taken, in H's favour, by disregarding improvements carried out by her. In 2007 she made another application to the Rent Assessment Committee. It determined her rent at more than £25 000 per annum. As a result, her rent would not be classified as an assured tenancy any more. The Committee concluded that the sums for improvements are disregarded for a year. "Held": Appeal dismissed. When an initial reference to a Rent Assessment Committee is made after creation of an assured tenancy, a tenant can rely upon the provisions of the 1989 Act. Any following application would be made under the 1988 Act S13(4). H could therefore not take advantage of the provisions of the 1989 Act.