|
|
Restrictions on right to compensation for improvements.
|
17.—(1) The tenant of a tenement to which the Town Tenants (Ireland) Act, 1906, applied immediately before the passing of this Act shall not be entitled to compensation for improvements in respect of an improvement made on such tenement on or after the 1st day of January, 1907, and before the passing of this Act and in respect of which compensation could be awarded under the Town Tenants (Ireland) Act, 1906, and in respect of which such tenant is precluded by sub-section (3) of section 3 from claiming compensation under that Act.
|
|
| |
(2) A tenant shall not be entitled to compensation for improvements in respect of an improvement made before the passing of this Act on a tenement in contravention of the lease or other contract of tenancy under which such tenement was held.
|
|
| |
(3) A tenant shall not be entitled to compensation for improvements in respect of an improvement made after the passing of this Act unless—
|
|
| |
(a) an improvement notice was duly served in accordance with this Act in relation to such improvement, and
|
|
| |
(b) the tenant by whom such notice was so served became entitled under this Act to execute such improvement either on consent or by virtue of an improvement order, and
|
|
| |
(c) such improvement was duly executed in accordance (as the case may be) with such improvement notice and this Act or with such improvement order.
|
|
| |
(4) A landlord shall not be entitled to compensation for improvements in respect of an improvement made after the passing of this Act in relation to which the improvement notice (or a copy thereof) served by the tenant in respect of such improvement was not duly served on the superior landlord in accordance with this Act.
|
|
| |
(5) Neither of the two next foregoing sub-sections of this section shall apply in respect of an improvement which is a work executed in pursuance of an order of a sanitary authority under the Public Health Acts, 1878 to 1931, or the Housing of the Working Classes (Ireland) Acts, 1890 to 1921, but a tenant shall not be entitled to compensation in respect of such work unless such tenant has served on his landlord a sanitary work notice in respect of such work and has become entitled under this Act to execute such work as an improvement: provided that the failure to serve such notice shall not deprive a tenant of his right (if any) to compensation in respect of such work if such tenant satisfies the Court that his landlord did not suffer any loss or damage by reason of such failure.
|
|
| |
(6) The landlord of a tenement to which the Town Tenants (Ireland) Act, 1906, applied immediately before the passing of this Act shall not be entitled to compensation for improvements in respect of an improvement made on such tenement on or after the 1st day of January, 1907, and before the passing of this Act in respect of which he would be precluded by section 4 of the Town Tenants (Ireland) Act, 1906, from claiming compensation under that Act.
|
