Abbildungen der Seite
PDF
EPUB
[blocks in formation]

BILL

To provide for the payment of compensation for improvements and goodwill to tenants of premises used for business purposes, or the grant of a new lease in lieu thereof; and to amend the law of landlord and tenant.

[blocks in formation]

Ordered, by The House of Commons, to be Printed, 30 March 1927.

[blocks in formation]

To be purchased directly from

H.M. STATIONERY OFFICE at the following addresses:
Adastral House, Kingsway, London, W.C.2:

120, George Street, Edinburgh; York Street, Manchester; 1, St. Andrew's Crescent, Cardiff; 15, Donegall Square West, Belfa st or through any Bookseller.

[blocks in formation]

[AS AMENDED BY STANDING COMMITTEE B.]

ARRANGEMENT OF CLAUSES.

PART I.

COMPENSATION FOR IMPROVEMENTS AND GOODWILL ON THE TERMINATION OF TENANCIES OF BUSINESS PREMISES.

Clause.

1. Tenant's right to compensation for improvements. 2. Limitation on tenant's right to compensation in certain cases.

3. Landlord's right to object.

4. Compensation for goodwill.

5. Right to new lease in certain cases.

6. Right of landlord to offer alternative accommodation.

Rights of mesne landlords.

Prohibition of contracting out.

7.

8.

9.

Right of entry.

10. Right to make deductions.

11. Application of 13 & 14 Geo. 5. c. 9. s. 20.

12. Power to apply and raise capital money.

13. Power to grant leases notwithstanding statutory restrictions.

14. Provisions as to reversionary leases.

15. Landlord's right to reimbursement of increased taxes, rates or insurance premiums.

16. Holdings to which Part I. applies.

PART II.

GENERAL AMENDMENTS OF THE LAW OF
LANDLORD AND TENANT.

17. Limitation on damages for breach of covenants to repair.

18. Provisions as to covenants not to assign, &c., without licence or consent.

19. Apportionment of rents.

[blocks in formation]

23. Application to Crown, Duchy, ecclesiastical and charity lands.

24. Interpretation.

25. Short title, commencement and extent.

SCHEDULES.

A

BILL

[AS AMENDED BY STANDING COMMITTEE B]

ΤΟ

Provide for the payment of compensation for A.D. 1927. improvements and goodwill to tenants of premises used for business purposes, or the grant of a new lease in lieu thereof; and to amend the law of landlord and tenant.

E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows::

10

PART I.

COMPENSATION FOR IMPROVEMENTS AND GOODWILL ON
THE TERMINATION OF TENANCIES OF BUSINESS
PREMISES.

1.-(1) Subject to the provisions of this Part of Tenant's this Act, a tenant of a holding to which this Part of this right to Act applies shall, if a claim for the purpose is made in compensathe prescribed manner not more than six, nor less than tion for improvethree, months before the termination of the tenancy, be ments. 15 entitled, at the termination of the tenancy, on quitting his holding, to be paid by his landlord compensation in respect of any improvement (including the erection of any building) on his holding made by him or his predecessors in title, not being a trade or other fixture 20 which the tenant is by law entitled to remove, which

A.D. 1927. at the termination of the tenancy adds to the letting value of the holding:

Limitation

Provided that the sum to be paid as compensation for any improvement shall not exceed

(a) the capitalised value of the net addition to the 5
letting value of the holding as a whole which
may be determined to be the direct result of
the improvement; or

(b) the reasonable cost of carrying out the improve-
ment at the termination of the tenancy, subject 10
to a deduction of an amount equal to the
cost (if any) of putting the works constituting
the improvement into a reasonable state of
repair except so far as such cost is covered
by the liability of the tenant under any 15
covenant or agreement as to the repair of the
premises.

(2) In determining the capitalised value of such net
addition as aforesaid, regard shall be had to the purposes
for which it is intended that the premises shall be used 20
after the termination of the tenancy, and if it is shown
that it is intended to demolish the buildings or to use
the premises for a different purpose, and that after such
demolition or change of user the improvement will not
add to the letting value of the premises, regard shall 25
be had to the length of time likely to elapse between
the termination of the tenancy and the demolition or
change of user.

(3) In the absence of agreement between the parties all questions as to the right of compensation 30 under this section, or as to the amount thereof, shall be determined by the tribunal hereinafter mentioned, and if the tribunal determines that, on account of the intention to demolish the buildings or to change the user of the premises, no compensation or a reduced amount of com- 35 pensation shall be paid, the tribunal may authorise a further application for compensation to be made by the tenant if effect is not given to the intention within such time as may be fixed by the tribunal.

2. (1) A tenant shall not be entitled to compensa- 40

on tenant's tion under this Part of this Act

right to compensa

(a) in respect of any improvement made before the commencement of this Act; or

« ZurückWeiter »