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55 1931

LANDLORD AND TENANT ACT, 1931

PART IV.

General Provisions in Relation to Relief Under Foregoing Parts of this Act.

Notice of intention to claim relief.

24. —(1) No claim for relief under this Act shall be maintained unless the claimant shall, within the time hereinafter mentioned, have served on the person against whom such claim is intended to be made notice (in this Act referred to as notice of intention to claim relief) in the prescribed form of his intention to make such claim.

(2) Every notice of intention to claim relief shall be served within whichever of the following times is applicable, that is to say:—

(a) in the case of a tenancy terminated by notice to quit, after but not more than one month after the service of such notice to quit, or

(b) in the case of a tenancy terminating by the expiration of a term of years or other certain period or by any other certain event, not less than three months before the termination of the tenancy, or

(c) in the case of a tenancy terminated by the fall of a life or any other uncertain event, within one month after the happening of such event coming to the knowledge of the claimant, or

(d) where the tenancy is deemed by this Act to terminate immediately after the passing of this Act, within six months after the passing of this Act.

(3) Every notice of intention to claim relief shall state the nature of the relief claimed and, where such relief is a new tenancy, such notice may include a claim in the alternative for compensation under this Act.

Application to the Court for relief.

25. —(1) A person who has duly served a notice of intention to claim relief may, at any time not less than two months after theservice of such notice, apply to the Court to determine his right to such relief and (as the case may be) to fix the amount of the compensation or the terms of the new tenancy to which he is found to be entitled.

(2) An application to the Court under this section may be made, heard and determined either before and in anticipation of or after the expiration of the tenancy which gives rise to the claim.

Valuation of improvement by Commissioner of Valuation.

26. —(1) Where an application is made under this Act to the Court to determine the right of the person (in this section referred to as the applicant) making the application to relief under this Act the following provisions shall have effect, that is to say:—

(a) where the applicant claims compensation for improvements as original relief, the applicant shall lodge in the Circuit Court Office with the originating notice of motion or other originating document an improvement statement in duplicate;

(b) where the applicant claims a new tenancy as original relief and claims compensation for improvements (with or without compensation for disturbance) as alternative relief and the Court determines that the applicant is not entitled to such original relief, the further hearing of the application shall be adjourned and the applicant shall lodge in the Circuit Court Office an improvement statement in duplicate;

(c) every improvement statement lodged in a Circuit Court Office in pursuance of this sub-section shall be in the prescribed form and shall state the prescribed particulars of the improvement or each of the several improvements in respect of which compensation for improvements is claimed;

(d) whenever an applicant is required by this sub-section to lodge in the Circuit Court Office an improvement statement, such applicant shall, either before or within three days after such lodgment, furnish a copy of such improvement statement to the landlord or superior landlord from whom such compensation is claimed.

(2) Whenever an improvement statement is lodged in the Circuit Court Office in pursuance of this section, the county registrar shall forthwith send one duplicate of such improvement statement to the Commissioner of Valuation and Boundary Surveyor, and upon receipt of such statement the said Commissioner shall cause the tenement in which the improvement or the several improvements mentioned in such statement was or were made to be inspected and a valuation to be made in the prescribed form stating the following matters in respect of such improvement or of each of the several such improvements, that is to say:—

(a) an estimate of the addition (if any) to the letting value of the said tenement at the termination of the relevant tenancy which is attributable to such improvement, and

(b) the probable duration of such addition, the probable life of the improvement, and any other matter relevant to the calculation of the capitalised value of such addition, and

(c) an estimate of the capitalised value of such addition.

(3) The said Commissioner shall cause the said valuation to be sent to the county registrar together with a statement of the fee, calculated in accordance with regulations made by the Minister for Finance, payable for such valuation.

(4) The applicant shall, on demand by the county registrar, pay to the county registrar the amount of the said fee payable for such valuation and until such fee is so paid no further proceedings shall be had in the matter, but upon payment of such fee the applicant and any other party shall be entitled to obtain from the county registrar a copy of the said valuation upon payment therefor at the rate for the time being chargeable by law for copies of documents obtained from the Circuit Court Office.

(5) The Court, in fixing the amount of the said compensation for improvements, shall have regard to the several estimates and statements contained in the said valuation.

(6) The fee paid by an applicant for a valuation under this section shall, unless the Court otherwise directs, ultimately be borne in equal shares by the applicant and the person from whom he claims the compensation for improvements in relation to which such valuation was made.

(7) Every fee received by a county registrar for a valuation under this section shall be paid by such county registrar into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

Provisions in relation to applications for a new tenancy.

27. —Where the relief claimed in an application to the Court under this Act is a new tenancy under Part III of this Act in the tenement to which the application relates the following provisions shall have effect, that is to say:—

(a) if the Court finds that the tenant making the application is entitled to such new tenancy the Court shall fix the terms of such new tenancy and shall make an order requiring the landlord of such tenement to grant and such tenant to accept a new tenancy in such tenement accordingly;

(b) where the Court makes an order under this section for the grant to a tenant of a new tenancy in a tenement, such tenant shall not be entitled to compensation under this Act in respect of the termination of his previous tenancy in such tenement;

(c) if the Court finds that such tenant is not entitled to such new tenancy and the notice of intention to claim relief on which the application is grounded includes a claim in the alternative for compensation under this Act, the Court shall hear and determine the claim for such compensation and, if the Court awards such compensation, shall fix the amount thereof;

(d) if the Court finds that such tenant is not entitled to such new tenancy and the notice of intention to claim relief on which the application is grounded does not include a claim in the alternative for compensation under this Act, the Court may on the application of such tenant, if the Court having regard to all the circumstances of the case thinks proper so to do, amend on such terms as the Court thinks proper the said notice of intention to claim relief by inserting therein a claim in the alternative for compensation under this Act and thereupon deal with such claim in accordance with the next preceding paragraph of this section;

(e) where the Court makes an order under this section for the grant to a tenant of a new tenancy in a tenement and the landlord or any of the landlords of such tenement cannot be found or is a person under a disability or in a fiduciary capacity or possessed of a limited estate only, the Court may make such order as the Court thinks proper to enable such new tenancy to be granted notwithstanding such impossibility of being found, disability, fiduciary capacity, or limited estate, as the case may be;

(f) where the Court makes an order under this section for the grant to a tenant of a new tenancy in a tenement, the landlord of such tenement shall be bound to grant and such tenant shall be bound to accept a lease or other written contract of tenancy creating in such tenement, as from the expiration of the previous tenancy therein, a new tenancy on the terms specified in such order, and if any dispute, failure or question arises or occurs in the carrying out of such order any party concerned may apply to the Court and thereupon the Court may make such order as justice may require.

Offer by landlord of new tenancy in lieu of compensation.

28. —(1) Where a tenant has served on his landlord a notice of intention to claim relief which is limited to relief by way of compensation for improvements and such landlord has either a fee simple reversion or a reversion of more than five years in the tenement to which such notice relates, such landlord may, within two months after the service of such notice on him, serve on such tenant a notice in the prescribed form offering to such tenant either (as such landlord shall think proper to specify in such notice) a new tenancy in such tenement on terms specified in such notice or a new tenancy in such tenement on terms to be fixed by the Court.

(2) Where a landlord serves on his tenant a notice under the foregoing sub-section of this section offering to such tenant a new tenancy on terms specified in such notice, the following provisions shall have effect, that is to say:—

(a) the tenant may, within one month after the service of such notice, serve on such landlord a notice in the prescribed form accepting such new tenancy;

(b) if the tenant serves a notice under the foregoing paragraph of this sub-section, such landlord shall forthwith grant and such tenant shall forthwith accept a lease or other written contract of tenancy creating in the tenement to which such notices relate and as from the expiration of the previous tenancy a new tenancy on the terms specified in the notice served by such landlord;

(c) the tenant may, in lieu of serving the notice hereinbefore mentioned serve on the landlord a notice refusing such new tenancy;

(d) if the tenant serves a notice under the foregoing paragraph of this sub-section, the tenant may proceed with his application for relief by way of compensation for improvements, but on the hearing of such application the Court may, if it thinks fit and is satisfied that the tenant is entitled to such relief, in lieu of awarding such relief make an order requiring the landlord to grant and the tenant to accept a new tenancy in such tenement on such terms as the Court shall (subject to the provisions of this Act) think proper and shall specify in such order.

(3) Where a landlord serves on his tenant a notice under the first sub-section of this section offering to such tenant a new tenancy on terms to be fixed by the Court, the following provisions shall have effect, that is to say:—

(a) either the landlord or the tenant may apply to the Court for an order fixing the terms of such tenancy;

(b) upon the Court making such order, such landlord shall forthwith grant and such tenant shall forthwith accept a lease or other written contract of tenancy creating in the tenement to which such notices relate a new tenancy on the terms specified in such order.

(4) Where a landlord and a tenant are required, by this section or an order made under this section, respectively to grant and accept a new tenancy in a tenement, such tenant shall not be entitled to compensation under this Act in respect of the termination of the previous tenancy in such tenement, without prejudice however to his right to claim compensation under this Act on the termination of the new tenancy.

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

Fixing of terms of new tenancy by the Court.

29. —Where the Court fixes under this Act the terms of a new tenancy, whether such new tenancy is to be granted in pursuance of a provision of this Act or in pursuance of an order of the Court, the following provisions shall have effect, that is to say:—

(a) the Court shall fix the duration of such new tenancy;

(b) where the landlord holds the tenement in which such new tenancy is created under a lease, the duration of such new tenancy shall not exceed the term of such lease;

(c) subject to the next preceding paragraph of this section, the duration of such new tenancy shall not, without the consent of the tenant, be less than a term of twenty-one years and shall not in any case exceed a term of ninety-nine years;

(d) the rent payable by the tenant under such new tenancy shall not be less than (as the case may require) the rent payable by the landlord in respect of such tenement or such proportion of the rent payable by the landlord in respect of such tenement and other property as is in the opinion of the Court fairly apportionable to such tenement;

(e) subject to the foregoing paragraph of this sub-section, the said rent shall be the difference between the gross rent and the allowance for improvements as hereinafter respectively defined;

(f) the gross rent shall be the rent which in the opinion of the Court a willing lessee not already in occupation would give and a willing lessor would take for such tenement, in each case on the basis of vacant possession being given, and in such circumstances that the supply of similar tenements is sufficient to meet the demand and the competition therefor is normal and having regard to the other terms of such tenancy and to the letting values of tenements of a similar character to and situate in the vicinity of such tenement but without regard to any goodwill which may exist in respect of such tenement;

(g) the allowance in respect of improvements shall be such proportion of the gross rent as is, in the opinion of the Court, attributable to improvements made by the tenant or his predecessors in title and in respect of which the tenant would have been entitled to compensation for improvements if (as the case may be) Part III of this Act did not apply to such tenement or such new tenancy had not been created;

(h) the Court may, as one of the terms of such new tenancy, require the intended tenant to expend a specified sum of money in the execution of specified repairs (including painting for purposes of preservation but not painting for purposes of mere decoration) to such tenement and authorise the postponement of the granting of such new tenancy until such repairs have been duly completed.

Assistance of the Court by the Commissioner of Valuation under Part IV.

30. —(1) Where the Court fixes under this Act the terms of a new tenancy, whether such new tenancy is to be granted in pursuance of a provision of this Act or in pursuance of an order of the Court, the Court may and, if so requested by either party, shall cause to be sent to the Commissioner of Valuation and Boundary Surveyor a request for a valuation, estimate, or statement in respect of any particular matter relevant to the fixing of such terms and may for that purpose adjourn the fixing of such terms.

(2) Upon receipt of a request under this section, the said Commissioner shall cause such valuation, estimate, or statement as is mentioned in the said request to be prepared and sent to the Court together with a statement of the fee, calculated in accordance with regulations made by the Minister for Finance, payable therefor.

(3) Any party concerned shall be entitled to obtain from the county registrar a copy of a valuation, estimate, or statement furnished by the said Commissioner to the Court in pursuance of this section, subject to payment therefor at the rate for the time being chargeable by law for copies of documents obtained from the Circuit Court Office.

(4) The fee payable under this section for a valuation, estimate, or statement sent by the said Commissioner to the Court in pursuance of this section shall be borne and paid to the county registrar by such party or by such parties in such proportions as the Court shall direct and shall be paid by the county registrar into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

(5) Where a request is sent under this section to the said Commissioner the Court shall in fixing the terms of a new tenancy have regard to the valuation, estimate or statement furnished by the said Commissioner.

Mutual rights where landlord has no reversion.

31. —(1) Where a tenant has served on his landlord a notice of intention to claim relief and such landlord has or is deemed by virtue of any other section of this Act to have no reversion in the tenement to which such notice relates, such landlord may, within one month after the service of such notice on him, serve the following notices, that is to say:—

(a) on such tenant, a notice in the prescribed form stating the fact that such landlord has no reversion in such tenement and stating the name and address of his immediately superior landlord or of such superior landlord's agent, and

(b) on such immediately superior landlord, a notice in the prescribed form of the service of the said notice of intention to claim relief (together with a copy of such notice) and (where applicable) of such landlord's intention to claim against such superior landlord compensation for improvements in relation to such tenement.

(2) Where a landlord is entitled under the foregoing sub-section of this section to serve the notices mentioned in that sub-section, the tenant may, within one month after he has served on such landlord notice of intention to claim relief, serve on the immediately superior landlord of such landlord and on any other superior landlord a duplicate of the said notice of intention to claim relief.

(3) Where a landlord is entitled under the first sub-section of this section to serve the notices mentioned in that sub-section and either such landlord has served the notices mentioned in that sub-section or the tenant has served on the immediately superior landlord of such landlord the duplicate notice mentioned in the second sub-section of this section, the following provisions shall have effect, that is to say:—

(a) the claim of the tenant for relief under this Act shall (save as is hereinafter otherwise provided) be deemed to be made against the immediately superior landlord of such landlord and such relief (if awarded) shall be given by such superior landlord to the tenant;

(b) the claim (if any) of the tenant for compensation for improvements in respect of an improvement for which he is entitled to such compensation but for which the landlord, if he had paid such compensation to the tenant, would not be entitled to claim compensation shall be made against the landlord and such compensation (if awarded) shall be paid by the landlord to the tenant;

(c) if such immediately superior landlord has himself no reversion or a reversion not exceeding one month in the tenement to which such notices relate, he may serve on his next superior landlord and on the tenant the like notices as such landlord is authorised by the first sub-section of this section to serve, and (whether such immediately superior landlord does or does not serve such notices) the reversion (if any) of such immediately superior landlord in such tenement shall be deemed to be surrendered as from the termination of the tenant's tenancy or continued tenancy (as the case may be) in such tenement, and the provisions of this section shall have effect with the substitution of such next superior landlord for such immediately superior landlord.

Mutual rights where landlord has a nominal reversion.

32. —Where a tenant has served on his landlord a notice of intention to claim relief and such landlord has a reversion not exceeding one month in the tenement to which such notice relates, such landlord may, within one month after the service of such notice on him, serve on such tenant a notice in the prescribed form continuing the tenancy of such tenant in such tenement until the expiration of such reversion, and thereupon the following provisions shall have effect, that is to say:—

(a) such tenancy shall be continued until the expiration of such reversion at the same rent and subject to the same covenants and conditions as theretofore;

(b) the said notice of intention to claim relief shall be deemed to have been served in respect of the termination of the tenancy on the expiration of such reversion and, if it was validly served in respect of the original termination, it shall be valid in respect of the later termination;

(c) such landlord shall be deemed for the purposes of this Act to have had no reversion in such tenement at the date of the service of the said notice of intention to claim relief.

Mutual rights where landlord has a short reversion.

33. —Where a tenant has served on his landlord a notice of intention to claim relief and such landlord has a reversion in the tenement to which such notice relates exceeding one month but not exceeding five years, such landlord may, within one month after the service of such notice on him, serve on such tenant a notice in the prescribed form continuing the tenancy of such tenant in such tenement until the expiration of such reversion and thereupon the following provisions shall have effect, that is to say:—

(a) such tenancy shall be continued until the expiration of such reversion at the same rent and subject to the same covenants and conditions as theretofore;

(b) the said notice of intention to claim relief shall be deemed to be withdrawn without prejudice to the service at the proper time of a new notice of intention to claim relief in respect of the expiration of such continued tenancy.

Mutual rights on termination of landlord's tenancy.

34. —Where the tenancy of a tenant in a tenement is terminated by the termination of the tenancy of the landlord of such tenement before the normal expiration of the term of such last-mentioned tenancy, the following provisions shall have effect, that is to say—

(a) notice of intention to claim relief may be served by such tenant after such termination but not more than one month after such tenant quits such tenement;

(b) such landlord shall for the purposes of this Act be deemed to be a landlord having no reversion in such tenement.

Continuation of existing tenancies.

35. —Whenever a tenancy is continued or renewed or a new tenancy is created under this Act in a tenement, such continued, renewed, or new tenancy shall for the purposes of this Act be or be deemed to be a continuation of the tenancy previously existing in such tenement and shall for all purposes be deemed to be a graft upon such previously existing tenancy and the interest of the tenant thereunder shall be subject to any rights or equities arising from its being such graft.

Time for payment of compensation.

36. —(1) Where a tenant is entitled to receive from his landlord compensation under this Act, such compensation shall, subject to the provisions of this section, be payable on the occurrence of whichever of the following events is the later, that is to say:—

(a) the expiration of one month from the date of the fixing, by agreement or the Court, of the amount of such compensation, and

(b) the delivery to the landlord by the tenant of clear possession of the tenement.

(2) Where compensation under this Act is payable by a landlord to his tenant and money is due and owing by such tenant to such landlord under or in respect of his tenancy in the tenement in relation to which such compensation is so payable, the following provisions shall have effect, that is to say:—

(a) such landlord may, where such compensation exceeds such money, deduct such money from such compensation or, where such money is equal to or exceeds such compensation, retain such compensation in payment and discharge of such money or of so much thereof as is equal to such compensation;

(b) such tenant may, where such money exceeds such compensation, deduct such compensation from such money or, where such compensation is equal to or exceeds such money, retain such money in payment and discharge of such compensation or of so much thereof as is equal to such money.

(3) Where compensation under this Act is payable by a landlord to a tenant and such landlord claims that money is payable to him by such tenant under or in respect of his tenancy in the tenement in relation to which such compensation is so payable and such claim or the amount thereof is disputed by the tenant or the amount of such claim is unliquidated, such landlord may pay the amount of such compensation into the Court and thereupon the Court may, on the application of either the landlord or the tenant, make such order in relation to the money so paid into the Court as justice may require and, in particular, may retain such money or any part thereof until the validity of such claim or the amount of such claim has been determined.

(4) Compensation for improvements payable by a landlord or a superior landlord to a tenant shall be a first charge (in priority to all other mortgages, charges, and incumbrances whatsoever) on the interest of such landlord or superior landlord (as the case may be) in the tenement in respect of which such compensation is payable.

Payment of compensation where tenancy is mortgaged.

37. —(1) Where a tenancy in a tenement is terminated and the estate or interest of the tenant of such tenement under such tenancy was immediately before such termination subject to a mortgage or charge for securing money, such mortgage or charge shall extend and attach to any compensation under this Act which shall become payable to such tenant in respect of such termination.

(2) Where compensation under this Act is payable to a tenant and the landlord or superior landlord by whom such compensation is so payable has notice of a mortgage or charge which by virtue of this section or otherwise affects such compensation, such landlord or superior landlord shall either—

(a) where such tenant so consents, pay such compensation to the owner of such mortgage or charge, in this section referred to as the mortgagee; or

(b) where the mortgagee so consents, pay such compensation to such tenant; or

(c) where the mortgagee and such tenant so direct, pay such compensation to the mortgagee and such tenant in such manner as is so directed; or

(d) where no such consent or direction as is mentioned in this sub-section is given, pay such compensation into Court.

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

Right of tenant to continue in occupation pending decision.

38. —Where an application under this Act to the Court for the grant of a new tenancy or to fix the terms of a new tenancy is instituted after the expiration of the tenancy in respect of the termination of which such application is made or is instituted before the expiration of such tenancy and such tenancy expires before such application is heard and determined and in either case such tenancy was terminated otherwise than by ejectment or surrender, the tenant may, if he so desires, continue in occupation of the tenement to which such application relates from the expiration of such tenancy until such application is heard and determined by the Court or, in the event of an appeal, by the final appellate court, and while so continuing in occupation such tenant shall be subject to the terms (including the payment of rent) of such tenancy but without prejudice to such recoupments and readjustments as may be necessary in the event of a new tenancy being granted to commence as from such expiration.

Tenancy terminated before passing of this Act.

39. —Where a tenancy in a tenement terminated before the passing of this Act and the tenant of such tenement, whether a decree in ejectment has been made against such tenant or not, is at the passing of this Act in occupation of such tenement notwithstanding such termination and without having obtained a new tenancy in such tenement, such tenancy shall for the purposes of this Act be deemed to terminate immediately after the passing of this Act and this Act shall apply accordingly.

Right of tenant to information.

40. —(1) A tenant of a tenement who has been served with a notice to quit such tenement or whose tenancy in such tenement has expired by the fall of a life or the happening of any other uncertain event or whose tenancy in such tenement will expire by effluxion of time within three months may serve all or any of the following notices, that is to say:—

(a) on his landlord or the person to whom he pays the rent of such tenement, a notice requiring such landlord or person to inform such tenant of the nature and duration of such landlord's reversion in such tenement and the name and address of the immediately superior landlord (if any) of such landlord;

(b) on any person whom such tenant reasonably believes to be a superior landlord or the agent of a superior landlord of such tenement, a notice requiring such person to inform such tenant whether such person or any person for whom he is agent has or has not any estate or interest in such tenement, the nature, tenure, and duration of such estate or interest (if any), and the names and addresses of the persons having estates or interests in such tenement immediately superior or immediately inferior to such estate or interest.

(2) It shall be the duty of any person on whom a notice is served under this section to give or send in writing, within one fortnight after the service of such notice, to the tenant by whom such notice was so served, the information asked for by such notice so far as it is within the possession or procurement of such person.

(3) Where a tenant has served a notice under this section and the person on whom such notice is so served fails or neglects to give or send in writing to such tenant, within the time limited by this section, such information as he is required by this section so to give or send, such tenant may apply to the Court and on the hearing of such application the Court may make such order as justice may require with a view to compelling such person so to give or send such information.

Rights of entry and inspection.

41. —Whenever an improvement notice or a notice of intention to claim relief has been served by a tenant on his landlord, such landlord and every superior landlord on whom such notice or a copy thereof has been served under this Act and every person authorised by such landlord or any such superior landlord shall be entitled to enter at all reasonable times on the tenement to which such notice relates and there to make such inspection and examination and take such measurements as shall be necessary or proper for the determination by such landlord or superior landlord (as the case may be) of the course he will adopt in relation to such notice.

Restriction on contracting out.

42. —A contract, whether made before or after the passing of this Act, by virtue of which a tenant would be directly or indirectly deprived of his right to obtain relief under this Act or any particular such relief shall be void.

Application of the Settled Land Acts.

43. —(1) The powers of a tenant for life or a person having the powers of a tenant for life under the Settled Land Acts, 1882 to 1890, to make leases other than building leases and mining leases shall extend to and include the making by a landlord of a lease granting a new tenancy which such landlord is required by or under this Part or any preceding Part of this Act to grant, notwithstanding that the duration of such new tenancy exceeds thirty-five years.

(2) Capital money arising under the Settled Land Acts, 1882 to 1890, may be applied—

(a) in payment of any sum payable to a tenant in respect of compensation under this Act and any costs, charges, and expenses payable to such tenant in relation to his claim for such compensation; or

(b) in payment, as for an improvement authorised by the said Acts, of any money expended and costs incurred under and in pursuance of this Act in or about the execution of an improvement; or

(c) in payment of the costs, charges, and expenses incurred in or in relation to making or opposing an application to the Court under this Act.

(3) The satisfaction of a claim for compensation under this Act shall be included amongst the purposes for which a tenant for life may raise money under section 18 of the Settled Land Act, 1882.

(4) Where a landlord liable to pay compensation under this Act is a tenant for life or in a fiduciary position he may require the sum payable in respect of such compensation and all costs, charges, and expenses payable in relation thereto to be paid out of any capital money held on the same trusts as the settled land.

In this sub-section the expression “capital money” includes any personal estate held on the same trusts as the land, and the expression “settled land” includes land held on trust for sale.

Protection of landlords in fiduciary capacities.

44. —(1) Where the landlord of a tenement is a person entitled to receive the rents and profits of such tenement as trustee or in any character otherwise than for his own benefit and money is payable by such landlord to the tenant of such tenement in respect of compensation under this Act or in respect of costs, charges, or expenses in relation to such compensation, the following provisions shall have effect, that is to say:—

(a) such money shall not be recoverable personally against such landlord nor shall he be under any liability to pay such money, but such money shall be a charge on and recoverable only against such tenement and all property, real or personal, held by the landlord on the same trusts or in the same character as such tenement;

(b) such landlord shall, either before or after having paid such money to such tenant, be entitled to obtain from the Court a charge on such tenement and all property, real or personal, held by him on the same trusts or in the same character as such tenement to the amount of such money and of all costs properly incurred by him in obtaining such charge or raising the amount thereof;

(c) if such landlord neglects or fails to pay such money to such tenant within one month after such tenant has quitted such tenement, such tenant shall be entitled to obtain from the Court a charge on such tenement and all property, real or personal, held by such landlord on the same trusts or in the same character as such tenement to the amount of such moneys or of so much thereof as is then unpaid and of all costs properly incurred by him in obtaining such charge or in raising the amount thereof.

(2) Any company now or hereafter incorporated by statute and having power to advance money for the improvement of land may take an assignment of any charge made by the Court under this section, and such company may assign any such charge so assigned to them to any person or persons whatsoever.

Extension of times limited by this Act.

45. —Where by or under this Part or any of the foregoing Parts of this Act a period is fixed for the doing of any act or thing, the Court may, either before or after the expiration of such period, extend such period upon such terms as the Court thinks proper.