Tenants compensation for disturbance

(1) Without prejudice to section 18 but subject to subsection (2) and section 20 of this Act, where a tenancy to which this Act applies is terminated or is deemed to be terminated by the landlord, the tenant shall be entitled to compensation for disturbance in such sum as he and the landlord may agree or failing agreement shall be entitled in any case, other than in the case of a milpa tenancy terminated in the circumstances mentioned in section 4 (2) of this Act, to a sum equivalent to twenty per centum of the total amount paid or payable to the landlord as rent during the continuance of the tenancy, and in the case of a milpa tenancy terminated in the circumstances aforesaid, to forty per centum of the total amount so paid or payable, Provided that where the tenancy of the tenant has continued for more than twenty years prior to the day on which it is terminated or is deemed to be terminated by the landlord, then in determining the amount of compensation payable for disturbance in any case where the landlord and the tenant fail to agree upon the sum to be paid, no regard shall be had to the amount of any rent paid or payable prior to the twenty years immediately preceding the day on which it is terminated or is so deemed to be terminated. (2) The tenant of a tenancy to which this Act applies shall not be entitled to compensation for disturbance in any case 22 (a) he abandons the land, the subject of the tenancy or surrenders the land to the landlord; (b) he terminates the tenancy by a notice to quit served under section 4 (1) (a) of this Act; or (c) without making application to a Tribunal in respect to a notice of increase of rent, or, having made such application in respect to such notice and the rent payable is increased either by a Tribunal or on review by the Minister, he has not served on the landlord a notice as provided by section 5 (1) of this Act and has failed to pay the whole or any part of the increased rent as and when it becomes due and payable. from