Landlord and Tenant Act, 1931

Notices in relation to the making of an improvement.

12.—(1) Where the tenant of a tenement proposes to make an improvement to such tenement he may serve on his landlord a notice (in this Act referred to as an improvement notice) in the prescribed form and consisting of the following documents, that is to say:—

(a) a statement in the prescribed form of the intention to make such improvement, and

(b) plans and a specification of such improvement, and

(c) an estimate, verified by an architect, surveyor or building contractor, of the cost of making such improvement.

(2) Where an improvement notice is served on the landlord of a tenement, such landlord may, within two months after such service, serve on the tenant of such tenement any one but not more than one of the following notices, that is to say:—

(a) a notice (in this Act referred to as an improvement consent) in the prescribed form consenting to the making of such improvement; or

(b) a notice (in this Act referred to as an improvement undertaking) in the prescribed form undertaking to execute such improvement in consideration of either (as such landlord shall state in such notice) a specified increase of rent or an increase of rent to be fixed by the Court; or

(c) a notice (in this Act referred to as an improvement objection) in the prescribed form objecting to such improvement on grounds specified in such notice.

(3) Where a landlord on whom an improvement notice has been served holds the tenement in relation to which such notice was served either under a lease for a life or lives in being (either without a term of years or with a concurrent term of which less than twenty-five years are unexpired) or under a lease for a term of which less than twenty-five years are unexpired at the date of the service of such notice or under a tenancy from year to year or any lesser tenancy, such landlord shall, within one month after the service of such improvement notice on him, serve such improvement notice or a copy thereof on his immediate superior landlord, and such immediate superior landlord may, within two months after the date of the service of such improvement notice by the tenant on the landlord, serve on the landlord and on the tenant either an improvement consent or an improvement objection.

(4) Every superior landlord on whom an improvement notice or a copy thereof is served under this section (including this sub-section) and who holds the tenement to which such notice relates under a lease of which less than twenty-five years are unexpired at the date of such service or under a tenancy from year to year or any lesser tenancy, shall within one week after such service serve such improvement notice (or such copy thereof) or a copy thereof on his next superior landlord, and such next superior landlord shall have the like right of serving an improvement consent or an improvement objection as such first-mentioned superior landlord has under this section (including this sub-section).

(5) Every improvement notice or copy of an improvement notice which is served under this section on a superior landlord shall have endorsed thereon a statement of the date on which such improvement notice was served on the landlord of the tenement to which such notice relates.