Landlord and Tenant (Amendment) Act 1980

Offer by landlord of new tenancy in lieu of compensation.

[1931, s. 28]

22

22. (1) Where the tenant serves on the landlord a notice of intention to claim compensation under Part IV for improvements, the landlord, any superior landlord or any two or more of such persons may, within two months, serve on the tenant a notice in the prescribed form offering him a new tenancy in the tenement on terms specified in the notice or on terms to be fixed by the Court.

(2) Where a notice is served under subsection (1) offering the tenant a new tenancy on terms specified in the notice—

( a) the tenant may, within one month, serve on the person or persons who served the notice a notice in the prescribed form accepting the new tenancy;

( b) in that case, such person or persons shall forthwith grant, and the tenant shall forthwith accept, a new contract of tenancy in writing in respect of the tenement on the terms specified in the notice served on the tenant, commencing on the termination of the previous tenancy;

[New in pt.]

( c) the tenant may, alternatively, within one month serve on such person or persons a notice refusing the new tenancy;

( d) in that case the tenant may proceed with his application for relief by way of compensation for improvements, but—

(i) on the hearing of the application, the Court if satisfied that the tenant is entitled to that relief, may in lieu of awarding that relief make an order requiring the necessary person or persons to grant, and the tenant to accept, a new tenancy in the tenement on such terms as the Court (subject to the provisions of this Act) thinks proper and specifies in the order, and

(ii) upon the making of that order, the necessary person or persons shall forthwith grant, and the tenant shall forthwith accept, a contract of tenancy in writing in respect of the tenement on the terms specified in the order.

(3) Where a notice is served under subsection (1) offering a new tenancy on terms to be fixed by the Court—

( a) either the person or persons who served the notice or the tenant may apply to the Court for an order fixing the terms of the new tenancy;

( b) upon the making of that order, the necessary person or persons shall forthwith grant, and the tenant shall forthwith accept, a contract of tenancy in writing in respect of the tenement on the terms specified in the order.

(4) Where any person or persons and the tenant are required by this section or an order made under this section, respectively to grant and accept a new tenancy, the tenant shall not be entitled to compensation in respect of the termination of his tenancy previous to the new tenancy.

(5) Where any person or persons and the tenant are required, by this section or an order made under this section, respectively to grant and accept a new tenancy and any dispute, failure or question arises or occurs in the granting and accepting of the tenancy, the Court, on the application of any person concerned, may make such order as justice may require.