Landlord and Tenant Act, 1931

Right of tenant to continue in occupation pending decision.

38.—Where an application under this Act to the Court for the grant of a new tenancy or to fix the terms of a new tenancy is instituted after the expiration of the tenancy in respect of the termination of which such application is made or is instituted before the expiration of such tenancy and such tenancy expires before such application is heard and determined and in either case such tenancy was terminated otherwise than by ejectment or surrender, the tenant may, if he so desires, continue in occupation of the tenement to which such application relates from the expiration of such tenancy until such application is heard and determined by the Court or, in the event of an appeal, by the final appellate court, and while so continuing in occupation such tenant shall be subject to the terms (including the payment of rent) of such tenancy but without prejudice to such recoupments and readjustments as may be necessary in the event of a new tenancy being granted to commence as from such expiration.