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NOTICES TO QUIT (IRELAND) ACT 1876
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CHAPTER LXIII.
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An Act to render necessary in Ireland a Year’s Notice to Quit to determine a Tenancy from Year to Year, and otherwise to amend the Law as to Notices to Quit. [1]
[15th August 1876.]
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[Preamble.]
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A year’s notice to quit shall be necessary and sufficient to determine a tenancy from year to year.
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1. In any letting which shall take place after the passing of this Act a year’s notice to quit, expiring on any gale day of the calendar year on which the rent becomes due and payable in respect of the holding, irrespective of the period of the year when such tenancy commenced, shall in all cases be necessary and sufficient to determine a tenancy from year to year of any holding in Ireland, where a notice to quit is now by law necessary for the determination of the same, except in the case when a tenant shall be adjudged a bankrupt, or shall have filed a petition for a composition or arrangement with his creditors, and in that case a half year’s notice expiring on any gale day, irrespective of the period of the year when such tenancy commenced, shall be sufficient; but nothing in this section shall extend to the case of a tenancy from year to year where there is or may be an express agreement in writing as to the time and mode of determining such tenancy.
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A year’s notice to quit not necessary in certain tenancies.
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2. No notice to quit, other than what was at the time of the passing of this Act required by law, shall be necessary to determine a tenancy at will, or a tenancy less than a tenancy from year to year.
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Resumption for improvements.
33 & 34 Vict. c. 46.
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3. Where on a tenancy from year to year a notice to quit is given by the landlord with a view to the use of land for any of the following purposes:
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The providing of gardens for existing farm labourers’ cottages or other houses;
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The allotment for labourers of land for gardens or other purposes;
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The planting of trees;
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Turbary;
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The opening or working of any coal, ironstone, limestone, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connection therewith;
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The obtaining of brick earth, gravel, or sand;
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The making of a watercourse or reservoir;
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The making of any road, tramroad, siding, canal, or basin, or any wharf, pier, or other work connected therewith;
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and the notice to quit so states, then it shall by virtue of this Act be no objection to the notice that it relates to part only of the holding.
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In every such case the provisions of the Landlord and Tenant (Ireland) Act, 1870, respecting compensation, shall apply to the extent of the premises mentioned in the notice to quit as on determination of a tenancy in respect of the entire holding.
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The tenant shall also be entitled to a proportionate reduction of rent in respect of the land comprised in the notice to quit and in respect of any depreciation of the value to him of the residue of the holding caused by the withdrawal of that land from the holding or by the use to be made thereof, and the amount of that reduction shall be ascertained by agreement or settled under the Landlord and Tenant (Ireland) Act, 1870, as in case of compensation. The forms already in use under the Land Act may be used so far as the same may be applicable.
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In any case where the land comprised in a notice to quit under the provisions of this section shall exceed in the whole one twenty-fifth part of any individual holding, or shall seriously interfere with the dwelling-house or farm buildings of such holding, the tenant shall further be entitled at any time within twenty-eight days after the service of the notice to quit to serve on the landlord a notice in writing to the effect that he (the tenant) accepts the same as a notice to quit the entire holding, and the notice to quit shall have effect accordingly; but such notice to quit shall not be deemed a disturbance of the tenant within the meaning of the Landlord and Tenant (Ireland) Act, 1870, if the Court shall be of opinion that the tenant was unreasonable in giving such notice in writing.
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Provided always, that nothing contained in this section shall interfere in any respect with the rights and privileges of the landlord under the fourteenth section of the Landlord and Tenant (Ireland) Act, 1870.
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Service of notice to quit in case of tenant’s intestacy.
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4. In any case where a tenant has died or shall die intestate, and no administration has been taken out to his estate, or in case a tenant has died or shall die leaving a will which has not been proved, it shall be sufficient to address a notice to quit “to” the representatives of, and all persons claiming to represent “(naming the tenant), deceased,” and it shall not be necessary to otherwise set out or describe who such representatives are; and such notice to quit so addressed shall be deemed to be sufficiently served by leaving one copy of such notice at the former dwelling-house of the deceased tenant, or posting it on some conspicuous part of the holding, and sending another copy of such notice in a prepaid registered post letter addressed in manner above-mentioned and directed to the townland and county in which the holding, or any part thereof, is situated, and such notice shall be good and effectual notwithstanding any subsequent administration or probate granted to any person or persons whatsoever.
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Agricultural or pastoral holdings only subject to to this Act,
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5. This Act shall not apply to any holding which is not agricultural or pastoral in its character, or partly agricultural and partly pastoral, and the term “holding” shall include all land of the same character held by the same tenant of the same landlord for the same term, and under the same contract of tenancy.
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Provision as to existing tenancies from year to year.
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6. . . . in all cases of tenancies from year to year existing at the time of the passing of this Act, unless there be a special agreement in writing as to the time and mode of determining such tenancy, the tenancy shall only be determinable by a notice to quit expiring on the last gale day of any year, and served six calendar months previously; and every notice to quit so served and requiring the tenant to give up possession on such gale day shall be sufficient to determine the tenancy, irrespective of the period of the year at which such tenancy commenced, and such tenancy shall be determined on the day named in such notice in the same manner as if the tenancy had originally commenced upon a day of the year corresponding to such day.
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[S. 7 rep. 46 & 47 Vict. c. 39 (S.L.R.)]
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Short title.
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8. This Act may be cited as the Notices to Quit (Ireland) Act, 1876, and shall be construed as one Act with the Landlord and Tenant (Ireland) Act, 1870, save so far as it . . . is inconsistent with said Act.
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[1 Short title, “The Notices to Quit (Ireland) Act, 1876.” See s. 8.] |
