Landlord and Tenant Act, 1931

Rights of parties on service of improvement undertaking.

15.—Where a tenant has served an improvement notice on his landlord and such landlord has, within two months after such service, served on such tenant an improvement undertaking in respect of such improvement notice and no superior landlord has within such two months, served on such tenant an improvement objection in respect of such improvement notice, the following provisions shall have effect, that is to say:—

(a) such tenant may, by notice in writing served on such landlord within fourteen days after the service of such improvement undertaking, either accept such improvement undertaking, or withdraw the improvement notice served by him, or, where such improvement undertaking specifies an increase of rent, object to the amount of such increase;

(b) where such tenant does not within the said fourteen days serve any notice under the foregoing paragraph or such tenant duly accepts such improvement undertaking, such landlord shall, as soon as may be, and in any case not later than six months after the expiration of such fourteen days, execute and complete at his own expense and in accordance with such improvement undertaking the improvement mentioned therein and may for that purpose enter on the tenemcnt at all reasonable times and there do all things necessary for or incidental to the execution of such improvement;

(c) if such tenant duly withdraws in accordance with this section the improvement notice served by him, such notice shall for all purposes be deemed never to have been served;

(d) where such tenant duly objects in accordance with this section to the amount of the increase of rent specified in such improvement undertaking, then—

(i) such landlord and such tenant may either fix by agreement the amount of such increase of rent or agree that the amount of such increase of rent shall be fixed by the Court, and thereupon such improvement undertaking shall have effect in accordance with such agreement and be deemed to have been duly accepted in accordance with this section by such tenant, or

(ii) either such landlord or such tenant may apply to the Court and upon the hearing of such application the Court may, as it shall think proper, either fix the amount of such increase of rent or deem such improvement undertaking to be an improvement objection and deal with it accordingly or make such other order as justice may require;

(e) where such improvement undertaking is by its terms or by subsequent agreement, made subject to an increase of rent of an amount to be fixed by the Court, such landlord or such tenant may, when the improvement has been duly executed by such landlord, apply to the Court to fix the amount of such increase of rent and thereupon the Court shall fix such amount accordingly;

(f) upon the completion of such improvement by such landlord in accordance with such improvement undertaking and this section, the rent payable by such tenant to such landlord shall, as from the date of such completion, be increased in accordance with such undertaking or the order of the Court (as the case may be), and any dispute as to the amount or commencement of or otherwise in relation to such increase shall be determined by the Court on the application of such landlord or such tenant;

(g) where such landlord is bound under this section to execute the improvement in accordance with such improvement undertaking but fails or neglects to execute and complete such improvement within the time limited in that behalf by this section such tenant may apply to the Court and the Court may make such order in the matter as justice may require.