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Conditions of statutory tenancy.
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40.—(1) A statutory tenant shall, so long as he retains possession of controlled premises by virtue of this Act, observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with this Act, and shall be entitled to give up possession of the premises only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required, on giving not less than three months' notice.
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(2) Notwithstanding anything in subsection (1) of this section, a landlord of controlled premises shall not, for the purpose of exercising any right under this Act or any right exercisable on or after the expiration of this Act, be required to give any notice to quit to a statutory tenant of the premises.
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(3) (a) A statutory tenant shall not, as a condition of the assignment or giving up possession of controlled premises ask or receive the payment of any sum, or any other consideration by any person other than the landlord.
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(b) Any person who acts in contravention of paragraph (a) of this subsection shall be guilty of an offence under this subsection and shall, on summary conviction thereof, be liable to a fine not exceeding one hundred pounds.
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(c) Where a person is convicted of an offence under this subsection, the Court by which he was convicted may order that any such payment or consideration be repaid to the person by whom it was made or given.
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(d) Paragraph (a) of this subsection shall not apply to premises lawfully used wholly or in part for the purposes of any business, trade or profession.
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(4) It shall be deemed to be a condition of a statutory tenancy in any controlled premises—
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(a) that the tenant shall afford to the landlord access thereto for the purpose of viewing the condition and state of repair of the premises and shall afford all reasonable facilities for executing therein any repairs which the landlord is entitled to execute;
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(b) that the tenant will not assign the premises or any part thereof without the consent in writing of the landlord, which consent may be withheld only if greater hardship would, owing to the special circumstances of the case, be caused by granting the consent than by withholding it;
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(c) that the landlord shall be responsible for any repairs for which the tenant is not under any liability, whether expressed in the contract or implied under section 42 of the Landlord and Tenant Law Amendment Act (Ireland), 1860.
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(5) Where, on or after the operative date, controlled premises are lawfully assigned by the statutory tenant (in this subsection referred to as the assignor), then, in the absence of any express agreement between the landlord and the assignee, the following provisions shall have effect:—
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(a) if the premises are, at the date of the assignment, being lawfully used wholly or in part for the purposes of any business, trade or profession, the assignee shall, from the said date, be deemed to hold the premises in accordance with whichever of the following subparagraphs is applicable:—
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(i) in case evidence is forthcoming that the premises were, immediately before the creation of the statutory tenancy therein, held by the contractual tenant thereof under a tenancy from year to year or for a term of years or other certain period (not being less than one year), or depending on the fall of a life or any other uncertain event, the assignee shall be deemed to hold the premises from the landlord under a tenancy from year to year, terminable, on or after the expiration of the first year thereof, by either party by two months' notice expiring on a gale day and, subject thereto, on the same terms and conditions as the assignor;
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(ii) in case evidence is forthcoming that the premises were so held under a contract of tenancy to which subparagraph (i) of this paragraph does not relate, the assignee shall be deemed to hold the premises from the landlord under a contract of tenancy of like duration as the contract of tenancy under which they were so held, and, subject thereto, on the same terms and conditions as the assignor;
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(iii) in any other case, the assignee shall be entitled to retain possession of the premises on the same terms and conditions as the assignor;
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(b) if the premises are premises to which paragraph (a) of this subsection does not relate, the assignee shall be entitled to retain possession of the premises on the same terms and conditions as the assignor.
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