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Statutory term and beginning of judicial rent.
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3.—(1) On the expiration of a statutory term in a present tenancy the tenancy shall continue a present tenancy subject to the same rent and conditions (including the statutory conditions) as during the statutory term, until the tenancy is determined, or a new statutory term for the holding begins, and an application to fix a fair rent may be made at any time during such continuance of the tenancy; and no objection to such application shall be allowed which could have been but was not taken upon the application for a previous judicial rent, or being then taken was overruled.
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(2) Where the court on application fix a judicial rent for a holding, the judicial rent and statutory term shall begin from the gale day next after the date of the application, or if a preceding statutory term is then current, from any later gale day on which that statutory term expires.
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(3) The judicial rent fixed by order of the court for a holding shall, as from the gale day from which it begins, be the rent payable by the tenant of the holding; and where it differs from the previous rent, whether or not a judicial rent, then in respect of the period which may have elapsed since the gale day from which it began, the difference, if the judicial rent so fixed is higher than the previous rent, shall be paid by the tenant, and if the judicial rent so fixed is lower, may, if it has been actually paid by the tenant, be deducted from any rent subsequently payable by him, unless the judicial rent exceeds fifty pounds a year, in which case the difference may be deducted from any rent subsequently payable by him to the landlord to whom such difference has been paid, or to his personal representatives, or where the estate of such landlord has determined may be recovered from such landlord or his personal representatives. Provided that where the judicial rent does not exceed fifty pounds a year, the amount of any deduction made by the tenant may be recovered from the person to whom the difference was paid, or his personal representatives.
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