Section 24: Personal use and occupation

24. Personal use and occupation (1) Subject to subsection (2), the Court may make an order under section 16 where the premises are reasonably required by the landlord for occupation or use by— (a) himself; (b) his family; (c) one of the co-owners, where such premises are owned by more than one person; or (d) where the landlord is a body corporate, a related corporation. (2) Where the Court is satisfied that having regard to all the circumstances of the case, including the question whether other premises are available L6 – 11 [Issue 1] Landlord and Tenant Act for occupation and use by the landlord or the tenant, greater hardship would be caused to the tenant by granting the order than to the landlord by refusing to grant it, the Court shall not make an order under subsection (1). (3) Where the Court grants an order for possession under subsection (1), the Court may, in the light of all the circumstances of the case, order the landlord to pay to the tenant in question adequate compensation for any prejudice thereby suffered by him. (4) The Court may, where it orders the landlord to pay compensation under subsection (3), direct that the tenant shall vacate the premises, pending payment of the compensation, on such terms and conditions as it thinks fit, including— (a) the immediate payment of part of the compensation; or (b) the provision by the landlord of adequate security to guarantee payment of the compensation. (5) In determining the amount of compensation payable under subsection (3), the Court shall have regard to— (a) any loss sustained by the tenant; and (b) the measures, if any, taken by the tenant to mitigate that loss.