10. Circumstances where landlord not liable to pay compensation

(1)

Notwithstanding anything to the contrary in this Act, a tenant or sub-tenant of the whole or part of the controlled premises in respect of which an order has been made by the Board under section 4 shall not be entitled to compensation, or any apportionment thereof, if —

(a)

he has not been in continuous occupation of the controlled premises or part thereof at any time prior to 1st January 1968;

(b)

he has sublet the premises or any part thereof in breach of the terms of his tenancy with his landlord and his landlord has neither acquiesced in nor waived the breach; or

(c)

he has been convicted of an offence under section 21 of the Control of Rent Act [Cap. 58].

(2)

In this section, “continuous occupation” means occupation of the controlled premises or part thereof prior to 1st January 1968, which has not been interrupted for any period longer than 6 months, or for such further period not exceeding 2 years, as the Board may in any particular case decide, having regard to the reasons advanced by the tenant or sub-tenant for failure to occupy the controlled premises or part thereof.

Terms defined in s 2

Board
Defined · s 2
“Board” means the Tenants’ Compensation Board constituted under section 6;
Open s 2
controlled premises
Defined · s 2
“controlled premises” or “premises” means any dwelling-house, flat, factory, warehouse, office, counting house, shop, school and any other building, whether of permanent or temporary construction in which persons are employed, and any part of any such building let or sublet separately and includes any land whereon any such building is or has been erected with the consent of the landlord that is subject to control under the Control of Rent Act and is situated in a designated development area;
Open s 2
landlord
Defined · s 2
“landlord” means the landlord of controlled premises in respect of which a tenancy exists and includes the landlord of a statutory tenant;
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premises
Defined · s 2
“controlled premises” or “premises” means any dwelling-house, flat, factory, warehouse, office, counting house, shop, school and any other building, whether of permanent or temporary construction in which persons are employed, and any part of any such building let or sublet separately and includes any land whereon any such building is or has been erected with the consent of the landlord that is subject to control under the Control of Rent Act and is situated in a designated development area;
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rent
Defined · s 2
“rent” means the total amount paid by the tenant to the landlord in consideration of the enjoyment of the premises let to him, whether described as rent or not, and includes any sum paid as hire for the use of furniture where controlled premises are let furnished or where controlled premises are let and the furniture therein is hired by the landlord to the tenant;
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tenancy
Defined · s 2
“tenancy” means any lease, demise, letting or holding of controlled premises whether in writing or otherwise, by virtue whereof the relationship of landlord and tenant is created, but does not include the letting or hiring of furnished rooms with board;
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tenant
Defined · s 2
“tenant” means the tenant of controlled premises in respect of which a tenancy exists and includes a statutory tenant and in the case of a sub-tenancy a sub-tenant to whom the controlled premises or part thereof is sublet.
Open s 2

Report

Read on from s 11