Landlord and Tenant (Reversionary Leases) Act, 1958
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Compensation for disturbance. |
16.— (1) Where the Court is satisfied that a lessee would, but for the provisions of section 15 of this Act, be, entitled to a reversionary lease, compensation in lieu of such reversionary lease shall be paid in accordance with the provisions of this section. | |
(2) (a) The compensation shall be payable by the successful objector or if there is more than one successful objector by them in such proportion as the Court may determine. | ||
(b) The compensation shall be paid to the lessee unless, apart from the provisions of section 15 of this Act, his title to a reversionary lease was subject to obtaining the consents required by section 11 or section 12 of this Act, in which case it shall be paid to the lessee and the proprietary lessee or lessees whose consent was so required in such proportion as the Court may determine. | ||
(3) The measure of compensation under this section shall be the loss which will, in the opinion of the Court, be suffered by the lessee and by such proprietary lessee or lessees, if any, as a direct consequence of the lessee's having been declared not to be entitled to a reversionary lease. | ||
(4) The compensation payable to a person, being the lessee or a proprietary lessee, under this section shall become due and payable on the occurrence of whichever of the following events is the later, that is to say, the expiration of one month after the amount of the compensation is fixed or the date on which that person's lease terminates either by effluxion of time or by agreement between the parties to it. | ||
(5) Where compensation is payable to a person, being the lessee or a proprietary lessee, under this section and the interest of that person in the land comprised in his lease is subject to a mortgage or charge for securing money, the mortgage or charge shall attach to the compensation and any person who is liable to pay compensation and who has notice of the mortgage or charge shall pay the compensation in accordance with the joint direction of such lessee or proprietary lessee and the mortgagee or chargeant or, in default of such direction, into Court. | ||
(6) Where compensation awarded by the Court under this section is not paid within the time specified in subsection (4) of this section or within such extended time as the Court may allow, the following provisions shall have effect: | ||
(a) any building lessee, subject to obtaining the consents required by section 11 of this Act and notwithstanding the provisions of paragraphs (a) and (b) of subsection (1) of that section, and any proprietary lessee, subject to obtaining the consents required by section 12 of this Act and notwithstanding the provisions of paragraphs (a) and (b) of subsection (1) of that section, shall be entitled to obtain from his immediate lessor a reversionary lease of all the land demised by his lease; | ||
(b) the provisions of section 15 of this Act shall not apply; | ||
(c) the granting of the lease shall operate as a discharge of the said award of compensation; and | ||
(d) the Court may make an order for the payment by the successful objector of such damages as the Court considers proper for the loss which the building lessee or proprietary lessee has suffered as a direct consequence of the declaration of disentitlement to a reversionary lease. | ||
(7) In this section “successful objector” shall, where the context so admits, be construed as including his executors, administrators and assigns, |