Landlord and Tenant Act, 1931

Payment of compensation where tenancy is mortgaged.

37.—(1) Where a tenancy in a tenement is terminated and the estate or interest of the tenant of such tenement under such tenancy was immediately before such termination subject to a mortgage or charge for securing money, such mortgage or charge shall extend and attach to any compensation under this Act which shall become payable to such tenant in respect of such termination.

(2) Where compensation under this Act is payable to a tenant and the landlord or superior landlord by whom such compensation is so payable has notice of a mortgage or charge which by virtue of this section or otherwise affects such compensation, such landlord or superior landlord shall either—

(a) where such tenant so consents, pay such compensation to the owner of such mortgage or charge, in this section referred to as the mortgagee; or

(b) where the mortgagee so consents, pay such compensation to such tenant; or

(c) where the mortgagee and such tenant so direct, pay such compensation to the mortgagee and such tenant in such manner as is so directed; or

(d) where no such consent or direction as is mentioned in this sub-section is given, pay such compensation into Court.

(3) Where compensation under this Act is paid into Court under this section the Court may, on the application of any person interested, make such order in regard to such compensation as justice may require.