|
|
Statutory tenancy.
|
39.—(1) If an order for the recovery of possession of controlled premises is refused by the Court on the ground that the tenant is entitled to retain possession of the premises by virtue of this Act, the Court shall make an order declaring that any tenancy of the tenant otherwise than by virtue of this Act has terminated, and when making any such order as aforesaid may make an order as to the payment by the tenant of any arrears of rent or any mesne rates.
|
|
| |
(2) Where the interest of the tenant of controlled premises terminates, either as the result of an order for possession, or for any other reason, a subtenant to whom the premises or any part thereof have been lawfully sublet shall, subject to this Act, be entitled to retain possession of the premises and to hold from the landlord on the same terms as he would have held from the tenant if the tenancy of the tenant had not been terminated.
|
|
| |
(3) On the death of the statutory tenant of controlled premises the following provisions shall have effect:
|
|
| |
(a) in case the statutory tenant leaves him surviving his wife, who was residing with him at the time of his death, she shall be entitled to retain possession of the premises under the same terms and conditions as the deceased statutory tenant;
|
|
| |
(b) in case the statutory tenant does not leave a wife so residing, such member of the statutory tenant's family so residing or, where there is more than one such member, such one of them as may be agreed upon between them or as may be selected by the Court in default of agreement shall be entitled to retain possession as aforesaid;
|
|
| |
(c) in case the statutory tenant was a woman paragraphs (a) and (b) of this subsection shall have effect with respect to her husband and family as they have effect with respect to the wife and family of a statutory tenant being a man;
|
|
| |
(d) in any case to which none of the foregoing paragraphs applies, the interest of the statutory tenant shall determine at his death.
|
