Evicted Tenants (Ireland) Act, 1907

Power to determine tenancies.

4.(1) Where the Estates Commissioners have acquired any tenanted land under this Act, they may serve in the prescribed manner a notice on any new tenant thereon, which shall have the effect of determining the tenancy in the holding in his occupation as from the date mentioned in the notice, not being less than six months from the service thereof and ending either on the first day of May or on the first day of November.

(2) Unless the new tenant has applied for compensation as herein-after mentioned, the Estates Commissioners shall, within three months from the service of the aforesaid notice, offer to put the new tenant forthwith into possession of a parcel of land which will be subject to an annuity under the Land Purchase Acts not exceeding in amount the rent payable by him for the said holding, and which is, in the opinion of the Estates Commissioners, of not less value, in respect of the land comprised therein, than the value of the land comprised in the said holding, and which, in the opinion of the said Commissioners, is as suitably provided with buildings and other requirements as the said holding, and shall at the same time offer to such new tenant such sum as may be reasonably necessary to cover any expense or loss incidental to the removal of himself and his family as well as of his crops, stock, and other chattels to such parcel of land.

(3) If the new tenant is dissatisfied with the parcel of land offered to him, or refuses to enter into possession thereof, the Estates Commissioners shall, after hearing him, or giving him an opportunity of being heard, award such sum as appears to them to be full compensation for his interest in the said holding in like manner as if the holding had been resumed by the landlord under the powers in that behalf conferred by section five of the Land Law (Ireland) Act, 1881.

(4) Where the new tenant applies within the prescribed time for compensation under the last preceding subsection, the Estates Commissioners may, if they think proper, award him such compensation without having offered to put him into possession of a parcel of land.

(5) A tenant to whom compensation has been awarded under this section shall not be compelled to quit his holding until the amount of compensation due to him has been paid or deposited in the prescribed manner.

(6) Where a new tenant is put into possession of a parcel of land the Estates Commissioners may order that such charges, liabilities and equities, as affected the tenant’s interest in the former holding, shall either continue to affect that holding or be transferred to the said parcel of land.