37Reversion of holdings

37 Reversion of holdings

(1)  *[Section 37 Subsection (1) amended by No. 88 of 1983, s. 4 and Sched. 2 ]**[Section 37 Subsection (1) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*Where TDR re-enters upon a holding for breach of condition and has a right of action for waste or damage done to the holding by the former lessee, it may withhold from any moneys due from it to him such amount as it thinks proper compensation for the waste or damage, and if the former lessee considers the amount so withheld to be excessive he may bring an action against TDR to recover the difference.

(2)  *[Section 37 Subsection (2) amended by No. 88 of 1983, s. 4 and Sched. 2 ]**[Section 37 Subsection (2) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*Where, but for this subsection, a lease under this Part would vest in the Crown as bona vacantia it shall vest in TDR instead, and merge in the reversion, subject to the rights of any other person therein.

(3)  *[Section 37 Subsection (3) amended by No. 88 of 1983, s. 3 and s. 4 and Sched. 1 and Sched 2 ]**[Section 37 Subsection (3) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*Where a holding reverts to TDR in a condition that makes it unsuitable for immediate re-letting under a settlement lease, TDR may re-let the holding upon a development lease in accordance with section 28 .