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Compensation where tenant not entitled to new tenancy.
[1931, ss. 22 in pt., 23, 36 (1); 1967, No. 10, s. 13 (3) (vii)]
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58.—(1) Where the Court is satisfied—
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(a) that a tenant would, but for section 17 (2), be entitled to a new tenancy under Part II, and
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(b) that section 13 (1) (a) applies to the tenement,
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the tenant shall, in lieu of a new tenancy, be entitled, on quitting the tenement on the termination of the tenancy, to be paid by the landlord compensation for disturbance.
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(2) Subject to subsection (3), the measure of the compensation shall be the pecuniary loss, damage or expense which the tenant sustains or incurs or will sustain or incur by reason of his quitting the tenement and which is the direct consequence of that quitting.
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(3) In the case of a dwelling to which section 15 applies, the measure of the compensation shall be whichever of the following is the greater, namely, the amount provided for by subsection (2) or such sum as the Court thinks proper to enable the tenant without hardship to secure appropriate alternative accommodation, being not less than three years' rent, including rates, whether or not payable by the tenant.
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(4) Compensation shall, subject to section 61, be payable on—
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(a) the expiration of one month from the date of the fixing, by agreement or by the Court, of its amount, or
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(b) the delivery to the landlord by the tenant of clear possession of the tenement,
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whichever is the later.
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(5) Where compensation awarded under this section is not paid within the time limited by this Act, the tenant shall be entitled, after the expiration of that time and before the payment of the compensation, to renew his application for a new tenancy under Part II, and section 17 (2) (a) and 17 (3) shall not apply to that application and the granting of the application shall operate as a discharge of the award of compensation for disturbance.
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