Landlord and Tenant Act, 1931

PART III.

Right to New Tenancy.

Application of this Part of this Act.

19.—(1) On the termination within the meaning of this section of a tenancy in a tenement, this Part of this Act shall apply to such tenement if such tenement complies with any one of the following conditions, that is to say:—

(a) such tenement was, during the whole of the three years next preceding the termination of such tenancy, bonafide used by the tenant for the time being thereof wholly or partly for the purpose of carrying on a business and, immediately before such termination, either was held by the tenant thereof under a tenancy from year to year or under a lease or other contract of tenancy for a term of not less than one year or a lease for a life or lives or had been for not less than seven years continuously in the occupation of the person who was the tenant thereof immediately before such termination or of his predecessors in title, or

(b) such tenement was, during the whole of the period of thirty years next preceding the termination of such tenancy, continuously in the occupation of the person who was the tenant thereof immediately before such termination or of his predecessors in title and such tenement was not acquired by such tenant or any of his predecessors in title by purchase for valuable consideration within such period of thirty years, or

(c) at the termination of such tenancy the reversion of the landlord in the tenement does not exceed three years and such tenement was, during the whole of the period of fifteen years next preceding such termination, continuously in the occupation of the person who was the tenant thereof immediately before such termination or of his predecessors in title, or

(d) improvements have been made on such tenement and the tenant would, if this Part of this Act did not apply to such tenement, be entitled to compensation for improvements in respect of such improvements and not less than one-half of the letting value of such tenement at such termination is attributable to such improvements.

(2) References in this section to the termination of a tenancy as a point in time shall be construed as referring—

(a) in the case of a tenancy terminated by notice to quit, to the date of the service of such notice to quit; and

(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, to the day which is three months before the expiration of such term or period or the happening of such event; and

(c) in the case of a tenancy terminated by the fall of a life or any other uncertain event, to the date on which such event happens.