A.D 1927. Prohibition of con all documents relating to proposed improve- Where such copies are so served the said superior 7. Any contract (other than a contract to make an improvement) made whether before or after the tracting out. commencement of this Act, by virtue of which a tenant would be, directly or indirectly, deprived of his right to 15 obtain compensation under this Part of this Act, shall be void unless the tribunal, having regard to all the circumstances of the case, is of opinion that the contract was reasonable and, in the case of a contract made after the commencement of this Act, that the consideration 20 for the deprivation of the right was adequate. Right of entry. Right to make 8. The landlord of a holding to which this Part of this Act applies, or any person authorised by him may at all reasonable times enter on the holding or any part of it, for the purposes of this Part of this Act. 9.—(1) Out of any money payable to a tenant by way of compensation under this Part of this Act, the deductions. landlord shall be entitled to deduct any sum due to him from the tenant under or in respect of the tenancy. Application of 13 & 14 Geo. 5. c. 9. 8. 20. Power to apply and 25 (2) Out of any money so due from the tenant as 30 aforesaid the tenant shall be entitled to deduct any sum payable to him by the landlord by way of compensation under this Part of this Act. 10. Section twenty of the Agricultural Holdings Act, 1923 (which relates to charges in respect of money 35 paid for compensation), as set out and modified in the First Schedule to this Act, shall apply to the case of money paid for compensation under this Part of this Act. 11.-(1) Capital money arising under the Settled Land Act, 1925 (either as originally enacted or as applied 40 raise capital in relation to trusts for sale by section twenty-eight of money. 5 10 the Law of Property Act, 1925), or under the University A.D. 1927. and College Estates Act, 1925, may be applied (a) in payment as for an improvement authorised by the Act of any money expended and costs (b) in payment of any sum due to a tenant under (2) The satisfaction of a claim for such compensation as aforesaid shall be included amongst the purposes for which a tenant for life, trustee for sale, or personal representative may raise money under section seventy15 one of the Settled Land Act, 1925. (3) Where the landlord liable to pay compensation for an improvement or goodwill is a tenant for life he may require the sum payable as compensation to be paid out of any capital money held on the same trusts 20 as the settled land. 25 In this subsection "capital money "includes any personal estate held on the same trusts as the land, and "settled land" includes land held on trust for sale or vested in a personal representative. 12. (1) The holdings to which this Part of this Holdings Act applies are any premises held under a lease, made to which whether before or after the commencement of this Act, Part I. applies. and used wholly or partly for carrying on thereat any trade or business, and not being agricultural holdings 30 within the meaning of the Agricultural Holdings Act, 35 40 1923. (2) For the purposes of this section premises shall not be deemed to be premises used for carrying on thereat a trade or business (a) by reason of their being used for the purpose of (b) by reason that the tenant thereof carries on A.D. 1927. (3) In the case of premises used partly for purposes of a trade or business and partly for other purposes, this Part of this Act shall apply to improvements only if and so far as they are improvements in relation to the trade or business. 5 Limitation for breach of covenants to repair. PART II. GENERAL AMENDMENTS OF THE LAW OF 13.-(1) Damages for a breach of a a covenant on damages or agreement to keep premises in repair during the 10 currency of a lease, or to leave premises in repair at the termination of a lease, whether such covenant or agreement is expressed or implied, and whether general or specific, shall in no case exceed the amount (if any) by which the value of the reversion (whether imme- 15 diate or not) in the premises is diminished. Provisions as to cove assign, &c. without licence or consent. (2) Any dispute arising during or at the termination of a lease as to the amount of damages payable in respect of any breach of any such covenant or agreement may at the instance of either party be referred to 20 the tribunal. (3) This section applies whether the lease was created before or after the commencement of this Act. 14. (1) In all leases made after the commencement of this Act containing a covenant condition or agree- 25 nants not to ment against assigning, underletting, charging or parting with the possession of demised premises or any part thereof without licence or consent, such covenant condition or agreement (unless made in pursuance or in consequence of a covenant condition or agreement 30 contained in a lease made before the commencement of this Act) shall, notwithstanding any express provision to the contrary, be deemed to be subject to a proviso to the effect that such licence or consent is not to be unreasonably withheld. 35 (2) In all leases whether made before or after the commencement of this Act containing a covenant condition or agreement against the making of improvements without licence or consent, such covenant condition or agreement shall be deemed, notwithstanding any express 40 10 provision to the contrary, to be subject to a proviso that A.D. 1927. such licence or consent is not to be unreasonably withheld; but this proviso does not preclude the right to require as a condition of such licence or consent the 5 payment of a reasonable sum in respect of any damage to or diminution in the value of the premises or any neighbouring premises belonging to the landlord and any difference as to the reasonableness of any such sum shall be referred to the tribunal. (3) In all leases whether made before or after the commencement of this Act containing a covenant condition or agreement against the alteration of the user of the demised premises, without licence or consent, such covenant condition or agreement shall, if the alteration 15 does not involve any structural alteration of the premises, be deemed, notwithstanding any express provision to the contrary, to be subject to a proviso that no fine or sum of money in the nature of a fine, whether by way of increase of rent or otherwise, shall be payable for or 20 in respect of such licence or consent; but this proviso does not preclude the right of the landlord to require payment of a reasonable sum in respect of any damage to or diminution in the value of the premises or any neighbouring premises belonging to him and of any legal 25 or other expenses incurred in connection with such licence or consent. Any difference as to the reasonableness of any such sum shall be referred to the tribunal, and in the event of such reference the landlord shall be bound to grant the 30 licence or consent on such terms as the tribunal considers reasonable. 15. An order of apportionment of any such rent or Apportionpayment as is mentioned in section ten of the Inclosure ment of Act, 1854, may be made by the Minister of Agriculture rents. 35 and Fisheries under sections ten to fourteen of that Act, on the application of any person interested (according to the provisions of the Inclosure Acts, 1845 to 1882) in the land charged with the rent or payment or any part thereof, without the concurrence of any other 40 person: Provided that the Minister may in any such case, on the application of any person interested in the rent or payment require as a condition of making the order A.D. 1927. that any apportioned part of the rent or payment which does not exceed the yearly sum of two pounds shall be redeemed forthwith in accordance with section one hundred and ninety-one of the Law of Property Act, 1925. Tribunal. PART III. 5 16. (1) The tribunal for the purposes of this Act shall be such one of a panel of referees appointed for the purposes of this Act by the Reference Committee 10 hereinafter mentioned as may be selected in manner provided by rules made by the Reference Committee. (2) The Reference Committee may make rules as to the manner of selection of the referee to whom any application or matter under this Act is to be made or 15 referred, and as to the time within which and the manner in which any such application or reference is to be made, and as to the procedure in relation to any such application or reference, and for prescribing anything which under this Act is to be prescribed, and, with the consent 20 of the Treasury, for prescribing the fees to be paid in connection with any such application or reference. (3) The decision of the tribunal on any question of fact shall be final and binding on the parties and the persons claiming under them respectively, but any 25 party may appeal to the High Court on any question of law, and the decision of the High Court shall be final and conclusive and shall not be subject to appeal to any other court. (4) The costs of any proceedings before the tribunal 30 shall be in the discretion of the tribunal, which may direct to and by whom and in what manner those costs or any part thereof shall be paid, and the tribunal may in any case disallow any costs which the tribunal considers to have been unnecessarily or unreasonably 35 incurred, and the tribunal may itself tax the amount of the costs ordered to be paid, or may direct in what manner they are to be taxed. (5) Any order of the tribunal may, by the leave of the High Court or a judge thereof, be enforced in the 40 same manner as a judgment or order of the court to the same effect, and after such leave has been given may be |