Statute of Limitations 1957

Accrual of right of action (certain tenancies).

17

(i) tenancy at will.

17.— (1) ( a) A tenancy at will shall, for the purposes of this Act, be deemed to be determined at the expiration of one year from the commencement thereof, unless it has previously been determined.

( b) The right of action of a person entitled to land subject to a tenancy at will shall be deemed to have accrued on the date on which the tenancy is determined.

( c) No mortgagor or beneficiary shall, for the purposes of this subsection, be deemed to be a tenant at will to his mortgagee or trustee.

(ii) tenancy, without lease in writing, from year to year or other period.

(2) ( a) A tenancy from year to year or other period, without a lease in writing, shall, for the purposes of this Act, be deemed to be determined at the expiration of the first year or other period.

( b) The right of action of a person entitled to land subject to a tenancy from year to year or other period, without a lease in writing, shall be deemed to have accrued at the date of the determination of the tenancy, unless any rent or other periodic payment has subsequently been received in respect of the tenancy, in which case the right of action shall be deemed to have accrued on the date of the last receipt of rent or other periodic payment.

(iii) wrongful receipt of conventional rent under a lease in writing.

(3) Where—

( a) any person is in possession of land by virtue of a lease in writing by which a yearly conventional rent of not less than twenty shillings is reserved, and

( b) the rent is received by some person (in this subsection referred to as the wrongful recipient) wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease, and

( c) no rent is subsequently received by the person rightfully so entitled,

the right of action of the last-named person to recover the land shall be deemed to have accrued at the date when the rent was first received by the wrongful recipient and not at the date of the determination of the lease.

(4) Subsection (1) of this section shall not apply to a tenancy at will granted by a State authority, and subsection (3) of this section shall not apply to a lease granted by a State authority or a lease the lessor’s interest under which is vested in a State authority.