Page:Halsbury Laws of England v1 1907.pdf/568

 Allotments.

346 Sect.

6.

Under Allotments Acts.

Kenewal

of

tenancy.

Confirmation will be conclusive evidence that the order has been duly made (o). It must incorporate any regulations made by the Board, and such provisions of the Lands Clauses Acts, and of sects. 77 to 85 of the Eailways Clauses Consolidation Act, 1845 (p), as appear to the Board necessary (q). Where the land authorised to be compulsorily hired is subject to a mortgage, any lease made in pursuance of the order by the mortgagor or mortgagee in possession will have effect as if it were a lease authorised by sect. 18 of the Conveyancing and Law of Property Act, 1881 (r). If land hired compulsorily is in the occupation of a tenant, he may, by notice in writing served on the council before the determination of his tenancy, require that any claim by him against the council which, under the Agricultural Holdings (England) Acts, 1883 to 1906 (s), might be referred to arbitration under those Acts shall be so referred, and such claim will then be determined by arbitration under those Acts, and not by valuation under the Act of 1907(0.

757. Where land has been hired compulsorily, the council may, by giving notice in writing to the landlord, not more than two years nor less than one year before the expiration of the tenancy, renew the tenancy for such term, not being less than fourteen nor more than thirty-five years as may be specified in the notice, and at such rent as, in default of agreement, may be determined by valuation by a valuer appointed by the Board, but otherwise on the same terms and conditions as the original lease, and so from time to time. If on any such notice being given the landlord proves to the satisfaction of the Board that any land included in the tenancy is required for the amenity or convenience of any dwelling-house, such land shall be excluded from the renewed tenancy (u). In assessing the rent to be paid under a renewal the valuer must not take into account any increase in value due to improvements by the council, or to a possible user of the land as mentioned in sect. 33 of the Act of 1907, or to the establishment by the council of other allotments in the neighbourhood, or any depreciation in the value in respect of which the landlord would have been entitled to compensation if the council had quitted on the expiration of the original tenancy

Resumption of possession by landlord.

(v)

.

758. Where land has been hired compulsorily under any of the Allotments Acts, 1887 to 1907, and the land or any part thereof at any time during the tenancy is shown to the satisfaction of the Board to be required by the landlord to be used for building, Small Holdings and Allotments Act, 1907

(o)

Ip) 8

(r) c.

9 Vict.

c.

(7

7, c. 54), s.

26

(3).

(7

Edw.

7,

c.

54), Sclied. I.,

11. (1).

44

54),

s.

& 45 Vict. 26

c.

41.

See Small Holdings and Allotments Act, 1907

For these Acts,

Small Holdings and Allotments Act, 1907

see title

(7

Edw.

7, c.

54),

(3).

{u) Ibid., s.

lUd.,

Edw.

7,

Agmcultijre.

(s)

Part II.

(7

(6).

{t)

(v)

Edw.

20.

Small Holdings and Allotments Act, 1907

Iq)

Part

&

s.

27 27

(1).

(2)



for the provisions of

s.

33, see

next paragraph.

Sched.

I.,