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Part I.
Amendments of General Application.
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Leaseholders.
44 & 45 Vict. c. 49.
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1. . . . . [3]
On the application in the prescribed manner to the court by the lessee of any holding who at the expiration of his lease existing at the passing of the Land Law (Ireland) Act, 1881, would be deemed to be a tenant of a present ordinary tenancy from year to year within the meaning of the said Act, at the rent and subject to the conditions of the lease, or would be so deemed but for the fact that such lease would not expire within sixty years after the passing of the Land Law (Ireland) Act, 1881, such lessee shall, if bonâ fide in occupation of his holding, be deemed to be a tenant of a present tenancy in like manner and subject to like conditions, and subject to the same right of resumption as if his lease had expired, and his holding shall be subject to all the provisions of the said Act of 1881 with regard to present tenancies as if the tenancy therein were a tenancy from year to year.
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This section shall apply only to leases expiring within ninety-nine years after the passing of the Land Law (Ireland) Act, 1881, and every lease existing at the passing of the Land Law (Ireland) Act, 1881, for any life or lives then existing, with or without any term of years not exceeding ninety-nine years where such term is concurrent, or thirty-one years where such term is in reversion, and not being renewable in any case, shall, for the purposes of this section, be deemed to be a lease so expiring.
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In case of a lessee becoming present tenant under this section, the court shall not for fifteen years from the commencement of such present tenancy authorise resumption by the landlord under this section.
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[S. 2 rep. 8 Edw. 7. c. 49 (S.L.R.).]
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[3 Applications under this section are not to be disallowed on the ground that the lease has been assigned without the consent of the landlord evidenced in particular ways, see 51 & 52 Vict. c. 13, s. 1. The present Act is to be read as if 51 & 52 Vict. c. 13 were incorporated herein, see s. 2 of that Act. Applications under this section may be made at any time, see 59 & 60 Vict. c. 47, s. 15.] |
