§ (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 he made at any time during such continuance of the tenancy; and no objection to such application shall he allowed which could 318 have been but was not taken upon the application for a previous judicial rent, or being then term was overruled.
§ (2.) Where the Court on application fix a judicial lent for a holding, the judicial rent and statutory term shall begin from the gale day next after the date of application, or, if a preceding statutory term is then current, from any later gale day on which that statutory term expires.
§ (3.) The judicial lent 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.
§ *THE MARQUESS OF LANSDOWNE
moved to insert at the end of the clause—Provided that where the judicial rent does not exceed £50 a year, the amount made by the tenant may be recovered from the person to whom the difference was paid, or his personal representatives.The proviso, his Lordship said, enabled a new landlord, from whom a small tenant had deducted part of his payment of rent, to recover from the former landlord.
§ Amendment agreed to.
§ Clause 4,—