A.D. 1927.

beyond the date of the termination of the interest of the immediate landlord; or

(c) discharging or varying any covenant contained in any agreement affecting the holding, or dispensing with the consent of 5 the landlord or any superior landlord to the doing of anything which by the terms of any such agreement cannot be done without such consent; or

(d) directing his immediate landlord or any 10 superior landlord into whose possession the holding has or may be about to come to pay to the tenant at the termination of the tenancy compensation:

(i) for the unexhausted value of any 15 building erected or improvement executed by any tenant, otherwise than in pursuance of any agreement in that behalf entered into before the passing of this Act, provided such building or improvement shall at the 20 termination of his tenancy have added to the value of the holding, and provided also that in the case of any building erected or improvement executed after the passing of this Act the consent in writing of the 25 landlord or the approval of the tribunal shall first have been obtained;

(ii) in the case of a holding which is
used for the purposes of any business, for
any loss of goodwill created or extended 30
during the tenancy or depreciation in the
value of trade fixtures, plant, machinery,
or stock which the tenant may sustain by
reason of removal from the holding at the
termination of the tenancy, and for the 35
expenses of such removal:

Provided that no compensation shall be
awarded unless the application shall be made
at least six calendar months before the
termination of the tenancy and the landlord 40
has refused the request of the tenant to grant
him a new tenancy on reasonable terms, such
request having been made at least six calendar
months before the termination of the tenancy.

5

10

15

20

25

(2) A landlord of a holding may at any time apply A.D. 1927.
to the tribunal for an order directing the tenant
or any under-tenant of such tenant to sell to
the landlord the interest of such tenant or
under-tenant in the holding, provided that the
landlord can prove that he requires the same for
the purpose of a scheme of reconstruction
involving other premises in addition to the
holding, and that it is in the public interest
that such order should be made. Provided
also that it shall be a term of any such order
that there shall be included in the price which
the landlord shall pay to such tenant or under-
tenant for such interest, compensation for the
unexhausted value of any improvements which
he or his predecessors in title or any under-
tenant may have carried out upon the holding
other than any such improvements which he or
they were required to carry out by the terms of
any agreement affecting the tenancy made before
the passing of this Act, or any improvements
substituted therefor by any agreement made
after the passing of this Act, and for any loss or
expense which such tenant or under-tenant may
sustain by reason of his removal from the holding.

bunal may

2.-(1) No order shall be made under paragraph (a) Conditions of subsection (1) of section one of this Act if the landlord under is prepared in lieu thereof to consent to such order as the which tritribunal may think fit to make under paragraph (b) refuse to 30 thereof, unless the tribunal is of opinion that the interests make orders of the tenant cannot be so well or conveniently protected or may by such last-mentioned order.

(2) The tribunal may adjourn any application under the said paragraph (a) or (b) until such time before the 35 termination of the tenancy as it may think proper, if in its opinion there are special circumstances which make it inexpedient to determine the same at the date of the hearing thereof, but shall not finally refuse to make an order under one or other of the said paragraphs unless in 40 its opinion

(a) the landlord or a landlord superior to him bonâ
fide requires the holding-

(i) for his own occupation or that of any
son or daughter of his over eighteen years

make them with modi

fications.

A.D. 1927.

of age, or for any person bonâ fide residing with him; or

(ii) for the purpose of a scheme of reconstruction involving other premises in addition to the holding; or

(iii) for any purpose of greater public importance than the purpose for which the same is required by the tenant; or

5

(b) some public authority or public utility corpora-
tion requires, or is likely in the near future to 10
require the holding for the purpose of some public
improvement; in which latter case the tribunal,
if it makes any order extending the tenancy may
attach a condition that the same shall forthwith
determine without compensation or with such 15
limited right to compensation as the order may
provide in the event of the holding being so
required.

(c) the tenant is for any reason unsuitable.

(3) If the tribunal finally refuses any such order it 20 shall in any case to which the same is applicable, make an order for compensation under paragraph (d) of the said subsection.

(4) In considering any application under paragraph (c) of the said subsection the tribunal shall, in addition 25 to any other matters which it may think relevant, take into consideration the time which has elapsed since the agreement was entered into, and in the case of any covenant restricting the user of the holding or the building thereon, any change which may have taken 20 place in the character of the neighbourhood. The tribunal may make any order for the discharge or variation of any covenant subject or not to the payment by the applicant of compensation to any person suffering loss in consequence of such order.

35

(5) To any order under paragraphs (a), (b) or (c) of subsection (1) or under subsection (2) of section one of this Act the tribunal may attach such conditions as to the price or rent to be paid or otherwise as to the terms of any sale or tenancy as it may think proper, but in any 40 order under the said paragraph (c) shall not direct any payment to be made to the landlord except by way of

compensation for any actual loss which he may be A.D. 1927 likely to sustain by reason of such order.

(6) Except in so far as the terms of any agreement between the parties may be varied by any order of the 5 tribunal or by this or any other Act the same shall continue to apply to any tenancy, notwithstanding that the duration thereof may have been extended or the terms otherwise varied as aforesaid.

(7) In considering any application under this Act, 10 except in so far as the same relates to the payment of any price, rent or compensation, the tribunal shall have regard not only to the rights and interests of the parties, but to the interests of owners and occupiers of adjoining properties and of the general public, and for that purpose 15 the tribunal shall before making any order, direct such enquiries, if any to be made, and such notices, if any, whether by advertisement or otherwise as it shall think fit, and may order any local authority or person to be made a party to any such application on such terms as 20 to costs or otherwise as it may think fit.

(8) Any order made under paragraph (c) of the said subsection shall be binding on all persons whether ascertained or of full age or capacity or not then entitled or thereafter capable of being entitled to the benefit of any 25 covenant which is thereby discharged or raised and whether such persons are parties to the proceedings or have been served with notice or not, but any order made by the tribunal shall in accordance with rules of Court be subject to appeal to the Court.

30

35

40

as to tenant's

3. Notwithstanding any agreement to the contrary, Provisions whether made before or after the passing of this Act :(1) Any building erected or improvement executed improveby a tenant after the passing of this Act ments and except

other rela

tions

(a) a building erected or improvement between executed in pursuance of an agreement made landlord before the passing of this Act; or

(b) a building erected or improvement executed in pursuance of an agreement made after that date and in substitution for such a building or improvement as is mentioned in paragraph (a) hereof;

and tenant.

A.D. 1927.

shall be a matter for which the tenant shall
be entitled to compensation on the termination
of the tenancy, and the value thereof shall
not be taken into consideration by the tribunal
in assessing any price or rent to be paid by 5
the tenants to the landlord:

(2) Neither landlord nor tenant shall be bound to
submit any dispute which may arise out of or
in respect of the tenancy to the sole determina-
tion of any servant or agent of the other party 10
or any person named or to be named by him:
(3) Neither the landlord nor any servant or agent
of his nor any person named or to be named by
him shall have the power, without the consent
of the tenant, to alter any of the terms or con- 15
ditions of the tenancy:

(4) The tenant shall not be bound to employ any
servant or agent of the landlord, or any person
who has been or may be named by him so
so long as the tenant is prepared to employ 20
in lieu of any such servant, agent or person,
some other competent and qualified person, and
any question as to the competence or qualifi-
cation of such person or shall be determined,
failing agreement between the parties, by the 25
tribunal:

(5) Where the tenant is required by the terms of the
tenancy to pay to any servant or agent of the
landlord, or to any person who has been or who
may be named by him, any fee in respect of any 30
matter arising out of the tenancy, no such fee
shall be recoverable if, on the application of
the tenant, it is determined by the tribunal
that it is unreasonable that the tenant shall
be called upon to pay the same or that the 35
amount claimed is excessive, and such fees may
be regulated by scales to be prescribed under
this Act:

(6) When any agreement has been assigned by the
tenant, with the consent of the landlord or in 40
pursuance of an order of the tribunal in any
case where such consent is by such agreement
expressed to be required, neither party shall