REMARKS.
Resumption by Landlord of part of holding.This section only applies to yearly tenancies, and gives a landlord a right, he has never before had, to serve a tenant with—
Notice to quit part of the holding, but such notice would be bad unless he required the land for some of the purposes mentioned in this section, and stated on the notice the purposes for which the land is required—see Form V., page 51.
On receipt of such notice, tenant can either treat the tenancy as determined as to that part of the holding to be resumed by the landlord, or can within twenty-eight days serve a notice on the landlord that he (the tenant) accepts the same as a notice to quit the entire holding.
In either case tenant must proceed to claim compensation in exactly the same way as he would if tenancy were determined in ordinary manner. His claim consists of two parts.
| 1st. A proportionate reduction of rent in respect of land compensation in notice to quit. | 2nd. Depreciation of the value of the residue in consequence of the withdrawal of some portion of the land or from the use to be made thereof. |
| N.B.—Under this it would seem that every acre on the holding must be treated of equal value. | In other words, the diminished letting value of the residue in consequence of landlord resuming a part for the purposes named in his notice. |
