Landlord and Tenant (Amendment) Act 1980

Payment of compensation where interest is mortgaged.

[1931, s. 37; 1958, s. 16 (5)]

62

62.— (1) Where compensation under this Part is payable and the interest in the premises of the person to whom the compensation is payable is subject to a mortgage or charge, the mortgage or charge shall extend and attach to the compensation.

(2) Where a person by whom the compensation is payable has actual notice of a mortgage or charge which by virtue of this section or otherwise affects the compensation, he shall either—

( a) with the consent of the person to whom the compensation is due, pay the compensation to the owner of the mortgage or charge, or

( b) with the consent of that owner, pay the compensation to the person to whom it is due, or

( c) where the owner and that person direct that the compensation shall be paid in a particular manner, pay it in that manner, or

( d) where no such consent or direction is given, pay the compensation into Court.

(3) Where the compensation is paid into Court the Court may, on the application of any person interested, make such order in regard to it as justice may require.