Landlord and Tenant (Ground Rents) (No. 2) Act, 1978
|
Right of yearly tenant. |
15.—(1) This Part also applies to a person who holds land in the following circumstances— | |
[New in pt. cf. 1967, s. 3 (2) (d) (ii), (4) (b)] | ||
(a) that the land is covered wholly or partly by permanent buildings and any land not so covered is subsidiary and ancillary to those buildings; | ||
(b) that the land is held under a contract of yearly tenancy or under a yearly tenancy arising by operation of law or by inference on the expiration of a lease, or under a statutory tenancy implied by holding over property on the expiration of a lease which reserves a yearly rent; | ||
(c) that the land has been continuously held under any one or more of the tenancies referred to in paragraph (b) (including any expired lease) by the person or his predecessors in title for a period of not less than twenty-five years prior to the date of service by the person of notice of intention under section 4 of the Act of 1967 to acquire the fee simple or the date of an application under Part III of this Act; | ||
(d) that the yearly rent is less than the rateable valuation of the property at the date of the service of that notice of intention or application; | ||
(e) that the permanent buildings were not erected by the immediate lessor or any superior lessor or any of their predecessors in title, provided, however, that it shall be presumed until the contrary is proved that the permanent buildings were not so erected; | ||
(f) that the contract of tenancy is not a letting which is made and expressed to be made for the temporary convenience of the immediate lessor or of the person holding under the contract and, if the letting was made after the passing of the Act of 1931, stating the nature of the temporary convenience, and | ||
(g) that the contract of tenancy is not a letting which is made for or dependent on the continuance of the person holding under the contract in any office, employment or appointment. | ||
[New. cf. 1958, s. 6] | ||
(2) Where land (in this section referred to as a partly-built holding) would be land in relation to which this section applies but for the fact that the portion of the land which is not covered by the permanent buildings is not wholly subsidiary and ancillary to those buildings, subsections (3), (4) and (5) shall have effect. | ||
[New. cf. 1958, s. 6] | ||
(3) The partly-built holding shall, for the purposes of this Part, be deemed to comprise two separate holdings as follows: | ||
(a) one holding (in this section referred to as the built-on holding) comprising that portion of the land which is covered by the permanent buildings, together with so much of the land as is subsidiary and ancillary to those buildings, and | ||
(b) the other holding (in this section referred to as the vacant holding) comprising the residue of the land. | ||
[New. cf. 1958, s. 6] | ||
(4) For the purposes of the division of the partly-built holding, such portion of the rent for the holding as is fairly attributable to the land comprised in the built-on holding shall be apportioned to the built-on holding and the remainder of the rent shall be apportioned to the vacant holding, and the covenants on the part of the person holding the land and the conditions attached to the tenancy of the partly-built holding shall be apportioned likewise so as to relate separately to the land comprised in the built-on holding and to the land comprised in the vacant holding. | ||
[New. cf. 1958, s. 6] | ||
(5) The built-on holding shall be land in relation to which this section applies. | ||
Restrictions |