Tenants' Compensation Act, 1890 (English) (53 & 54 Vict. c. 57), repealed by and see now the Allotments Act, 1922 (12 & 13 Geo. 5, c. 57), ss. 1 and 4 (2). At Common Law a mortgagor, and therefore any tenant of his becoming such after mortgage with-out concurrence of the mortgagee, is a mere tres-passer, liable to ejectment without notice, and so liable to lose all his growing crops, etc., without compensation from the mortgagee. The Tenants' Compensation Act, to remedy this hardship, provided that where a person occupies land under a contract of tenancy (whenever made) with the mortgagor, which is not binding on the mortgagee, the occupier shall, as against the mortgagee who takes possession, be entitled to such compensation for crops, improvements, or other matters whatever, under the custom of the country, or the Agricultural Holdings Act, as would be due to him but for the mortgagee taking possession; and further gives such occupier a right to six months' notice, before being deprived of possession by the mortgagee otherwise than in accordance with the contract of tenancy. The provisions of the Act are incorporated in s. 15 of the Agricultural Holdings Act, 1923 (see that title). The Act itself was repealed by the Allotments Act, 1922. See Jackson or Aggs on Agricultural Holdings.
As to the respective statutory rights of mortgagors and mortgagees in possession to grant leases and accept surrendors, see Conveyancing Acts, 1881, s. 18; 1911, s. 3, replaced in regard to mortgages effected after 1925 by s. 99, (English) Law of Property Act, 1925.
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