Land Act, 1939

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Compounded arrears of rent and payments in lieu of rent in certain cases.

37.—(1) Where the particulars required by section 22 of the Land Act, 1923 , to be furnished to the Land Commission have not been so furnished before, but are so furnished after, the passing of this Act in respect of a holding or a part of a holding to which the provisions of that Act (as amended by subsequent Acts) apply, or where a parcel of land becomes vested in the Land Commission by virtue of an order of the Land Commission granting an application under section 44 of the Land Act, 1931 , (as amended by subsequent Acts and this Act), the following provisions shall have effect in relation to such holding, part of a holding, or parcel (as the case may be), that is to say:—

(a) the arrears of the rent payable by the tenant or owner in respect of such holding, part of a holding, or parcel which accrued due after the gale day next preceding the date on which the said particulars are furnished or the said application is lodged (as the case may be) or after such gale day prior to the said date as will permit three years' arrears of rent to be compounded (whichever of those gale days is the earlier) and are unpaid on the appointed day, together with an apportioned gale of such rent from the gale day next before the appointed day up to the appointed day, shall be compounded by the addition of compounded arrears of rent to the purchase money of such holding, part of a holding, or parcel;

(b) subject to the subsequent provisions of this sub-section, the amount of the compounded arrears of rent to be added to the purchase money in pursuance of the foregoing paragraph of this sub-section shall be seventy-five per cent. of the arrears (including the apportioned gale) required by that paragraph to be compounded;

(c) no arrears of the said rent which accrued due on or before the gale day from which the arrears to be compounded are to be calculated shall be payable by such tenant or owner;

(d) where any payment on account of the rent of such holding, part of a holding, or parcel is received by the landlord thereof after the date on which the said particulars are furnished or the said application is lodged (as the case may be), the compounded arrears of rent in respect of such holding, part of a holding, or parcel, shall be reduced by an amount equal to twenty-five per cent. of such payment, and all sums so received by such landlord in excess of the total amount of the rent the arrears of which are to be compounded under the foregoing paragraphs of this sub-section shall be recoverable by the tenant or owner from such landlord as a claim against the purchase money.

(2) The following enactments shall not apply or have effect in any case in which the provisions of the foregoing sub-section of this section have effect, that is to say:—

(a) sub-sections (1), (2), (3), and (5) of section 19 and section 20 of the Land Act, 1923 ;

(b) so much of section 10 of the Land Act, 1927 , as applies the provisions of section 20 of the Land Act, 1923 , to cases within the said section 10;

(c) section 12 of the Land Act, 1927 ;

(d) paragraphs (b) and (c) of sub-section (3) of section 44 of the Land Act, 1931 ;

(e) sub-section (7) of section 42 of the Land Act, 1933 ;

(f) paragraph (a) of sub-section (5) of section 37, paragraph (b) of sub-section (3) of section 40, and paragraphs (f) and (g) of section 43 of the Land Act, 1936 .