Landlord and Tenant Act, 1931

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.