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Rights of parties on service of improvement objection.
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16.—(1) Where a tenant has served an improvement notice on his landlord and either such landlord or a superior landlord has, within two months after such service, served on such tenant an improvement objection in respect of such improvement notice, such tenant may save as is otherwise provided in this section, within one month after the service of such improvement objection, either—
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(a) by notice in writing served on such landlord or on such landlord and such superior landlord (as the case may require) withdraw such improvement notice, or
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(b) apply to the Court under this section.
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(2) Where a tenant has served an improvement notice on his landlord and either such landlord or a superior landlord has, within two months after such service, served on such tenant an improvement objection in respect of such improvement notice, then, unless such tenant either holds the tenement to which such notices relate under a lease or other contract of tenancy granted for a term of more than five years or for a life or lives or such tenant and his predecessors in title have been in occupation of such tenement for more than five years, the said improvement objection shall be final and it shall not be lawful for such tenant to make the improvement which is the subject of such improvement objection.
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(3) Where a tenant duly withdraws, in accordance with this section, an improvement notice, such notice shall for all purposes be deemed never to have been served.
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(4) Where a tenant applies to the Court under this section and the Court is satisfied—
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(a) that the improvement which is the subject of such application is of such character as to be calculated to add to the letting value of the tenement, and
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(b) is suitable to the character of such tenement, and
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(c) is not calculated to injure the amenity or convenience of the neighbourhood,
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the Court may make an order (in this Act referred to as an improvement order) authorising such tenant to make such improvement in accordance with the said improvement notice either without modification or with such modifications as the Court shall think proper to specify in such order and, if the Court so thinks fit, specifying a time within which such improvement shall be completed.
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(5) Where, on an application to the Court under this section, it appears that the improvement objection the subject of the application was served by a superior landlord and that the landlord duly served an improvement undertaking and the Court is satisfied that but for this sub-section an improvement order should be made, the Court may, in lieu of making an improvement order, authorise such landlord to execute the improvement in accordance with such improvement undertaking subject to such (if any) modifications as the Court may think proper to make in such undertaking.
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(6) The court shall not make an improvement order until it is satisfied that all interested parties have notice of the proceedings.
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(7) Where an improvement order has been made and the tenant fails or neglects to execute and complete in accordance with such order the improvement thereby authorised within the time limited in that behalf by such order or, where no such time is so limited, within a reasonable time, the landlord or any superior landlord may apply to the Court and on the hearing of such application the Court may make such order as justice may require.
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