Creation of tenancy on sufferance for non-payment of compensation

(1) In the event of a landlord of a tenancy to which this Act applies failing to pay to the tenant thereof before the day on which the tenancy is terminated or is deemed to be terminated by the landlord the full amount of the compensation payable to the tenant under this Part, the tenant shall have the right, notwithstanding that the tenancy has been terminated or has been so deemed to be terminated, to retain the exclusive possession of the land subject to subsection (2) of this section. (2) Where the tenant of a tenancy to which this Act applies retains the exclusive possession of the land in the circumstances mentioned in subsection (1) of this section, he shall be deemed to hold the land under a tenancy on sufferance having, subject to the Landlord and Tenant Act, Cap. 189, the same qualities and incidents as a tenancy on sufferance would have under the common law of England, Provided that notwithstanding anything contained in the Landlord and Tenant Act, Cap. 189, a tenancy on sufferance arising by virtue of this section shall not be capable of termination by the landlord until the landlord has paid to the tenant the full amount of the compensation payable to the tenant under this Part on the tenancy specified in subsection (1) of this section being terminated or being deemed to be terminated by the landlord.