OpenLegislation

Section 13 Power to apply and raise capital money.

England and Wales

(1)

Capital money arising under the M1Settled Land Act, 1925 F1. . . F2. . . may be applied—

(a)

in payment as for an improvement authorised by the Act of any money expended and costs incurred by a landlord under or in pursuance of this Part of this Act in or about the execution of any improvement;

(b)

in payment of any sum due to a tenant under this Part of this Act in respect of compensation for an improvement F3. . . and any costs, charges, and expenses incidental thereto;

(c)

in payment of the costs, charges, and expenses of opposing any proposal by a tenant to execute an improvement.

(2)

The satisfaction of a claim for such compensation as aforesaid shall be included amongst the purposes for which a tenant for life, statutory owner F4. . . may raise money under section seventy-one of the M2Settled Land Act, 1925.

(3)

Where the landlord liable to pay compensation for an improvement . . . is a tenant for life or in a fiduciary position, he may require the sum payable as compensation and any costs, charges, and expenses incidental thereto, to be paid out of any capital money held on the same trusts as the settled land.

In this subsection “capital money” includes any personal estate held on the same trusts as the land F5. . .

Annotations

Textual amendments

F1

Words in s. 13(1) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4), 25(5)); S.I. 1996/2974, art. 2

F2

Words in s. 13(1) omitted (19.5.2025) by virtue of Charities Act 2022 (c. 6), s. 41(4), Sch. 1 para. 2; S.I. 2024/265, reg. 4, Sch. 2 para. 3

F3

Words repealed by Landlord and Tenant Act 1954 (c. 56), s. 45, Sch. 7 Pt. I

F4

Words in s. 13(2) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4), 25(5)); S.I. 1996/2974, art. 2

F5

Words in s. 13(3) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4), 25(5)); S.I. 1996/2974, art. 2

Marginal citations

M1

1925 c. 18.

M2

1925 c. 18.

Notes on Part I

Modifications

C1

Pt. I excluded (1.11.1993) by 1993 c. 28, s. 61, Sch. 14 para. 6(1) (with ss. 94(2), 95); S.I. 1993/2134, art. 5(a).

C2

Pt. I excluded by Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65), s. 33(2), Leasehold Reform Act 1967 (c. 88), ss. 17, 18, Sch. 2 para. 6(1); applied with modifications by Opencast Coal Act 1958 (c. 69), ss. 30(2)(3)(5)(7), 37, Sch. 7 Pt. II; amended by Opencast Coal Act 1958 (c. 69), s. 37, Sch. 7 Pt. II para. 11