Tenancies to which Act applies

(1) This Act shall apply to every tenancy as defined in section 3 of the Landlord and Tenant Act, Cap. 189 which Land Reform (Security of Tenure) [CAP. 186 7 exists at the date of commencement of this Act in respect to any land, other than national land or land within a town, or is hereafter created in respect to any such land and which so exists or is created under a contract which, (a) is not in writing; (b) does not provide for a term certain of more than two years; (c) does provide for a term certain of more than two years and contains a provision whereby either the landlord or the tenant may terminate the tenancy by less than six months’ notice for any reason other than that of non-observance or of non-compliance with any of the provisions of the contract of tenancy; or (d) provides for an indeterminate term, and to every milpa tenancy which exists at the date of the commencement of this Act in respect to any such land or is hereafter created in respect to any such land. (2) Except in so far as is otherwise provided by this Act, a tenancy to which this Act applies shall, subject to the Landlord and Tenant Act, Cap. 189, have the same qualities and incidents as a tenancy from year to year would have under the common law of England notwithstanding anything contained in the Landlord and Tenant Act, Cap. 189 and except as so otherwise provided the Landlord and Tenant Act, Cap. 189 shall apply to every such tenancy.