10 Severance of reversion
9.54 By virtue of s 75(1) of the 1986 Act, where the reversionary estate has been severed, and is for the time being vested in more than one person in several parts, the tenant of the entirety is entitled to require that the compensation payable under the Act be determined as if the reversion were not severed.
He is, for example, enabled by s 75 to do so if it is to his financial advantage to have compensation calculated as to the whole holding rather than the severed parts. He cannot, however, be compelled to have compensation so calculated. Where the tenant elects to have compensation calculated as if no severance has occurred, the arbitrator is directed125 to apportion the amount awarded between the several owners of the reversionary estate (more precisely, between ‘the persons who for the purposes of this Act together constitute the landlord of the holding’, ie the persons entitled to receive rent and profits).126 No guidance is given in the 1986 Act as to the basis of apportionment to be used by an arbitrator engaged in this exercise.
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