Section 39 Saving for compulsory acquisitions.

(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)

If the amount of the compensation which would have been payable under section thirty-seven of this Act if the tenancy had come to an end in circumstances giving rise to compensation under that section and the date at which the acquiring authority obtained possession had been the termination of the current tenancy exceeds the amount of F2the compensation payable under section 121 of the M1Lands Clauses Consolidation Act 1845 or section 20 of the M2Compulsory Purchase Act 1965 in the case of a tenancy to which this Part of this Act applies, that compensation shall be increased by the amount of the excess.

(3)

Nothing in section twenty-four of this Act shall affect the operation of the said section one hundred and twenty-one.

Annotations

Textual amendments

F1: S. 39(1) repealed by Land Compensation Act 1973 (c. 26), Sch. 3
F2: Words substituted by Land Compensation Act 1973 (c. 26), s. 47(3)

Marginal citations

M1: 1845 c. 19.
M2: 1965 c. 56.

Notes on Part II

Modifications

C1

Pt. 2 restricted by 1983 No. 1, s. 56(2G)(b) (as inserted (1.1.2007) by Pastoral (Amendment) Measure 2006 (No. 2), ss. 1(b), 2(2); 2006 No. 3, Instrument made by Archbishops)

C2

Pt. 2 excluded (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 10 para. 3(1)(a); S.I. 2015/778, art. 2(1)(d)

C3

Pt. 2 excluded (15.3.2018) by City of London Corporation (Open Spaces) Act 2018 (c. i), s. 6(7) (with ss. 3, 4(2))

C4

Pt. 2 excluded (coming into force in accordance with s. 13 of the amending Act) by Monken Hadley Common Act 2022 (c. ii), s. 9(5) (with s. 8(3))

C5

Pt. 2 excluded (24.11.2025) by General Cemetery Act 2025 (c. ii), ss. 1(2), 11(2) (with s. 11(3))

C6

Pt. 2 modified (30.7.2026) by The Product Security and Telecommunications Infrastructure Act 2022 (Conferral of Tribunal Jurisdiction under the Landlord and Tenant Act 1954 etc.) Regulations 2026 (S.I. 2026/569), regs. 1(2), 3 (with reg. 4)

C7

Pt. 2 amended by Opencast Coal Act 1958 (c. 69), s. 37, Sch. 7 paras. 10, 20; excluded by Leasehold Reform Act 1967 (c. 88), s. 16(1)(c)(d) and Rent Act 1977 (c. 42), s. 24(2), Sch. 1 paras. 8, 9

C8

Pt. 2 (ss. 23–46) excluded (prosp.) by Transport Act 1982 (c. 49, SIF 107:1), ss. 14(1), 76(2)

C9

Pt. 2 (ss. 23–46) excluded by Dockyard Services Act 1986 (c. 52, SIF 58), s. 3(2)

C10

Pt. 2 (ss. 23–46) excluded by Housing Act 1988 (c. 50, SIF 61), s. 101(2)

C11

Pt. 2 (ss. 23–46) restricted by City of London (Spitalfields Market) Act 1990 (c. ix), s. 5(4)

C12

Pt. 2 (ss. 23-46) excluded by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), ss. 3(1), 6(2), Sch. para. 3

Pt. 2 (ss. 23-46) excluded (1.11.1993) by 1993 c. 28, s. 59(2)(b)(ii); S.I. 1993/2134, art. 5

Pt. 2 (ss. 23-46) excluded: (1.4.1994) by 1993 c. 43, s. 31(1) and S.I. 1994/571, art. 5; (3.11.1994) by 1994 c. 33, s. 7(3)(a); (3.11.1994) by 1991 c. 53, s. 84 (as substituted (3.11.1994) by 1994 c. 33, s. 96); (1.10.1996) by 1996 c. 46, s. 30(7)(11) and S.I. 1996/2474, art. 2

Pt. 2 (ss. 23-46) excluded (1.8.2000) by 1999 c. 33, s. 149(3)(a); S.I. 2000/1985, art. 2, Sch.