9 Notice to quit part of holding

9.53 By virtue of s 74 of the 1986 Act, where the landlord resumes possession of part of a holding in any of the three ways indicated below, the tenant can claim compensation under the Act as if it were a separate holding which he had quitted in consequence of notice to quit.

(i)Where notice to quit part is given pursuant to s 31, ie for one of the specified purposes enumerated therein, such as the erection of farm workers’ cottages¹²¹ or

(ii)Where possession of part is resumed pursuant to a partial recovery clause in the tenancy agreement itself.¹²² If any relief or benefit has been allowed to the tenant in consideration of the taking of such a clause, it must be taken into account by an arbitrator when calculating compensation – but only, it should be noted, where the relief/benefit is recorded in the contract of tenancy itself.¹²³ or

(iii)Where the owner of a severed portion of the reversionary estate serves notice to quit part in reliance on the right in that behalf conferred by Law of Property Act 1925, s 140. Special rules apply for the purposes of compensation for disturbance where the tenant exercises his statutory right to enlarge the notice into notice to quit the whole building. These have already been considered.¹²⁴