Increase of Rent and Mortgage Interest (Restrictions) Act, 1926

Effect of certain statutory notices.

8.—(1) Where a statutory notice has before the 24th day of June, 1923, been served on a tenant under the Act of 1920, or has before or after the passing of this Act been served on a tenant under the Principal Act and a notice to terminate the tenancy of such tenant (in this section referred to as a notice to quit) was necessary in order to make such statutory notice effective, but no valid notice to quit was in fact served on the tenant, such statutory notice shall have effect and be deemed always to have had effect as if it were and had been also a notice to quit expiring on the day immediately preceding the date from which the increase of rent is or was by virtue of such statutory notice to take effect, or, if the said tenancy could not have been legally determined by notice to quit expiring on such first-mentioned day, then on the earliest day thereafter on which if it had been a notice to quit it would have been effective to determine the said tenancy, and in the latter case a statutory notice served before the passing of this Act shall be deemed to have had effect as if such earliest date had been specified in the statutory notice as the date from which the increase of rent was to take effect.

(2) This section shall not entitle a landlord after the passing of this Act to recover from a tenant in respect of any period before the 4th day of May, 1926, the increase of rent made valid by this section nor any sums which have been recovered from the landlord before that date by means of deductions from rent or otherwise nor any rent which has not been paid before that date by reason of such deductions having been made therefrom.

(3) Neither sub-section (1) of section 14 of the Act of 1920, nor sub-section (1) of section 15 of the Principal Act shall apply to an increase of rent made valid by this section which was paid by or recovered from a tenant prior to the 4th day of May, 1926.

(4) This section shall not affect the right to enforce any judgment of a court of competent jurisdiction given before the 4th day of May, 1926, or render recoverable any sum paid under such a judgment.