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21.(1) A tenancy at will shall, for the purposes of this Act, be deemed to be determined at the expiration of one year from the commencement thereof, unless it has been previously determined, and accordingly the right of action of a person entitled to land subject to tenancy at will shall be deemed to have accrued on the date on which the tenancy is determined. (2) No mortgagor or beneficiary shall, for the purposes of sub-section (1), be deemed to be a tenant at will to his mortgagee or trustee. (3) Subject to sub-section (4), a tenancy from year to year or other period, without a lease in writing, shall, for the purposes of this Act, be deemed to be determined at the expiration of the first year or other period, and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued on the date on which the tenancy is determined. (4) Where any rent or other periodic payment has subsequently been received in respect of the tenancy, the right of action shall be deemed to have accrued on the date of the last receipt of rent or other periodic payment. (5) Where (a)any person is in possession of land by virtue of a lease in writing by which a yearly conventional rent of not less than [#1] is reserved; and (b)the rent is received by some person (in this section referred to as "the wrongful recipient") wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease; and (c)no rent is subsequently received by the person rightfully so entitled; (6) Sub-section (1) shall not apply to a tenancy at will granted by the Crown, and sub-section (5) shall not apply to a lease granted by the Crown or a lease the lessor's interest under which is vested in the Crown.
© 1958 Crown Copyright
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