Landlord and Tenant Act, 1931

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.