Landlord and Tenant (Reversionary Leases) Act, 1958

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Number 2 of 1958.

LANDLORD AND TENANT (REVERSIONARY LEASES) ACT, 1958.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary And General.

PART II.

Reversionary Leases.

Number 2 of 1958.

LANDLORD AND TENANT (REVERSIONARY LEASES) ACT, 1958.

AN ACT TO AMEND THE LAW RELATING TO REVERSIONARY LEASES, TO PROVIDE FOR COMPENSATION FOR DISTURBANCE IN CERTAIN CASES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [19th February, 1958.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.— (1) This Act may be cited as the Landlord and Tenant (Reversionary Leases) Act, 1958.

(2) The Act of 1931 and this Act shall be construed together as one Act and may be cited together as the Landlord and Tenant Acts, 1931 and 1958.

Definitions.

2.— In this Act—

“the Act of 1931” means the Landlord and Tenant Act, 1931 (No. 55 of 1931) ;

“building lessee” means the lessee under a building lease;

“immediate lessor” in relation to a lessee means the person for the time being entitled to the next superior interest in the land held by the lessee;

“improvement” in relation to buildings means any addition to or alteration of the buildings and includes any structure which is subsidiary or ancillary to the said buildings but does not include any alteration or reconstruction of the buildings so that they lose their original identity ;

“lease” means an instrument in writing, whether under or not under seal, containing a contract of tenancy in respect of any land in consideration of a rent or return and shall include a fee farm grant;

“lessee” shall, where the context so admits, be construed as including the executors, administrators and assigns of the lessee ;

“lessor” shall, where the context so admits, be construed as including the heirs, executors, administrators and assigns of the lessor;

“proprietary lessee” means the lessee under a proprietary lease ;

“urban area” means an area which is either a county or other borough, an urban district, a town or a village.

Repeals.

3.— Part V of the Act of 1931 and the Landlord and Tenant (Amendment) Act, 1943 (No. 10 of 1943), are hereby repealed.

PART II.

Reversionary Leases.

Building leases.

4.— (1) In this Act “building lease” means a lease in respect of which the conditions specified in subsection (2) of this section are complied with and includes any lease which is deemed to be a building lease by section 5 , section 6 , section 10 , section 19 or section 20 of this Act.

(2) The following are the conditions to be complied with:

(a) that the land demised by the lease is situate wholly in an urban area or, if not so situate, was demised by the lease for a term of not less than twenty years ;

(b) that there are permanent buildings on the land and that the portion of the land not covered by such buildings is subsidiary and ancillary thereto ;

(c) that the permanent buildings are not an improvement within the meaning of this Act ;

(d) that the permanent buildings were erected—

(i) by the person who, at the time of their erection, was entitled to the lessee's interest under the lease, or

(ii) in pursuance of an agreement for the grant of such lease upon the erection of such permanent buildings ;

(e) that the permanent buildings were not erected in contravention of a covenant, condition or agreement contained in the lease.

(3) (a) Where a lease is for a term of not less than fifty years, it shall be presumed, until the contrary is proved, that the buildings on the land demised by the lease were erected by the person who, at the time of their erection, was entitled to the lessee's interest under the lease if—

(i) in the case of a lease granted before the 1st day of January, 1914, the rent reserved by the lease is less than three-fourths of the rateable valuation of the land thereby demised together with the buildings thereon as first fixed or revised subsequent to the date of the lease pursuant to the Valuation (Ireland) Act, 1852, as amended and adapted, or

(ii) in the case of a lease granted on or after the 1st day of January, 1914, the rent reserved by the lease is less than that rateable valuation.

(b) The inclusion in the certificate signed by or on behalf of the Commissioner of Valuation on an extract from the Valuation List issued pursuant to section 9 of the Rateable Property (Ireland) Amendment Act, 1860, of a statement that a valuation shown in the extract is the first rateable valuation for the purposes of paragraph (a) of this subsection shall be prima facie evidence of that fact.

(c) For the purposes of paragraph (a) of this subsection, the rent reserved by the lease shall comprise the rent reserved as such in the lease (other than a penal rent payable for any breach of covenant) together with the one-twentieth part of any fine payable by the lessee under the terms of the lease.

(d) Where the land demised by a lease did not in a particular year bear a separate rateable valuation the Commissioner of Valuation shall have power for the purposes of this subsection to apportion the rateable valuation or valuations of the properties in which such land was comprised in that year and to charge a fee for such apportionment. Every such fee shall be determined, accounted for and applied in the same manner as the fees charged by the Commissioner pursuant to section 9 of the Rateable Property (Ireland) Amendment Act, 1860.

(4) Where a lease is alleged in any Court to be a building lease by reason of the permanent buildings thereon having been erected in pursuance of an agreement for the grant of such lease upon the erection of those buildings but express evidence of such agreement is not available, the following provisions shall have effect:

(a) if it is shown to the satisfaction of the Court that the said buildings were erected by the person to whom the said lease was subsequently made, it shall be presumed, until the contrary is proved, that such agreement was in fact made and that the said buildings were erected in pursuance thereof;

(b) in any case in which paragraph (a) of this subsection does not apply, the Court may, if it so thinks proper on hearing such evidence as is available and is adduced, presume that such agreement was in fact made and that the said buildings were erected in pursuance thereof.

(5) Permanent buildings erected by a lessee in pursuance of a covenant in his lease to reinstate the buildings comprised in the lease in the event of their destruction by fire or otherwise shall be deemed to have been erected by the person who erected the original buildings.

(6) The Court may declare a person to be entitled to a reversionary lease notwithstanding non-compliance with paragraph (e) of subsection (2) of this section where it is of opinion that it would be unreasonable to order otherwise.

Leases deemed to be building leases.

5.— The following leases shall, if they comply with the conditions specified in subsection (2) (other than paragraph (d)) of section 4 of this Act, be deemed to be building leases:

(a) a lease granted by a lessor to the nominee of a person (in this paragraph referred to as the builder) to whom land was demised for the purpose of erecting buildings thereon in pursuance of an agreement between the lessor and the builder that the builder, having contracted to sell the buildings, would surrender his lease in consideration of the lessor granting new leases to the builder's nominees; and

(b) a lease granted by a lessor to the nominee of a person (in this paragraph referred to as the builder) in pursuance of an agreement between the lessor and the builder that the lessor, upon the erection of the buildings by the builder, would grant leases to the builder's nominees.

Partly-built leases.

6.— Where a lease (in this Act referred to as a partly-built lease) which expires or is terminated for any reason would, at such expiration or termination, be a building lease but for either or both of the following facts, that is to say, that though there are (in either case), at such expiration or termination, permanent buildings on the land demised by such lease—

(a) the portion of that land which is not covered by such buildings is not wholly subsidiary and ancillary to such buildings, or

(b) some (but not all) of such buildings were neither erected by the person entitled at their erection to the lessee's interest under the partly-built lease nor erected in pursuance of an agreement for the grant of that lease on their erection,

the following provisions shall have effect:

(i) the partly-built lease shall, for the purposes of this Act, be deemed to be two separate leases whereof one lease (in this Act referred to as the built-on lease) comprises that portion of the land demised by the partly-built lease which is covered by permanent buildings either erected by the person entitled at their erection to the lessee's interest under the partly-built lease or erected in pursuance of an agreement for the grant of that lease on their erection, together with so much of the said land as is subsidiary and ancillary to those buildings and the other lease (in this Act referred to as the vacant lease) comprises the residue of the said land, whether there are or are not permanent buildings on that residue;

(ii) for the purposes of such division of the partly-built lease, such portion of the rent reserved by that lease as is fairly attributable to the land comprised in the built-on lease shall be deemed to be apportioned to the built-on lease and the remainder of the said rent shall be deemed to be apportioned to the vacant lease, and the covenants on the lessee's part and the conditions contained in the partly-built lease shall be deemed to be apportioned likewise so as to relate separately to the land comprised in the built-on lease and to the land comprised in the vacant lease;

(iii) the built-on lease shall be deemed to be a building lease.

Proprietary leases.

7.— (1) In this Act “proprietary lease” means a lease in respect of which the conditions specified in subsection (2) of this section are complied with and includes a lease which is deemed to be a proprietary lease by subsection (4) of this section.

(2) The following are the conditions to be complied with:

(a) that the lease is a sublease (whether mediate or immediate) under a building lease; and

(b) that the land demised by the lease is the whole or part of the land comprised in such building lease; and

(c) that the lease—

(i) is made for a term of not less than ninety-nine years, or

(ii) if made for a term of less than ninety-nine years, is made for a term which equals or exceeds whichever of the following periods is the lesser, that is to say, twenty years or two-thirds of the term of such building lease, and in any case expires at the same time as, or not more than fifteen years before, the expiration of such building lease; and

(d) that the lease was made—

(i) partly in consideration of the payment of a sum of money (other than rent) by the lessee to the lessor at or immediately before the grant of the lease, and, for this purpose, any money paid in redemption of any part of the annual rent reserved by the lease (whether such money is paid in pursuance of a covenant contained in the lease or pursuant to an agreement made between the lessee and the lessor during the currency of the lease) shall be deemed to be part of such consideration, or

(ii) partly in consideration of the expenditure (otherwise than on decoration) of a sum of money by the lessee on the premises demised by the lease, or

(iii) partly in consideration of both such payment and such expenditure; and

(e) that the said sum of money so paid or expended or the total of the said sums of money so respectively paid and expended (as the case may be) was not less than fifteen times the yearly amount of the rent or the greatest rent reserved by the lease.

(3) In determining the greatest rent reserved by a lease the following provisions shall have effect:

(a) where during the currency of a lease part of the annual rent reserved thereby is redeemed by a capital payment, the reduced rent shall be deemed to be the greatest rent reserved by the lease;

(b) a penal rent payable for any breach of covenant and any exceptional rent reserved for a specified period not exceeding five years shall be disregarded.

(4) A sublease of the whole or part of the land comprised in a built-on lease, which would be a proprietary lease if the partly-built lease were a building lease, shall be deemed to be a proprietary lease.

Provisions as to mortgages by subdemise.

8.— (1) Where—

(a) a lessee executes a mortgage by subdemise of the whole or part of the land comprised in his lease, retaining a nominal reversion therein, and

(b) the land comprised in the subdemise is sold for the enforcement of the mortgage,

the purchaser shall, for the purposes of this Act, be deemed to have acquired the interest of the lessee in the demised land for the entire of the unexpired term of the lease, including the period of the nominal reversion.

(2) This section shall apply to mortgages and sales whether effected before or after the passing of this Act.

Saver for certain transactions.

9.— Where between the 22nd day of December, 1931, and the passing of this Act, a building lessee or a proprietary lessee granted a sublease for a term of less than ninety-nine years, and the sublease expires more than five years before the building lease, nothing in this Act shall operate to convert such a sublease into a proprietary lease.

Renewed building leases.

10.— Where—

(a) a lease expired or was surrendered before the 31st day of March, 1931, and

(b) such lease would have been a building lease or a proprietary lease if this Act had been then in force, and

(c) a renewal of such lease or a new lease was granted to the person entitled to the lessee's interest thereunder,

such renewed or new lease (in this Act referred to as a renewed building lease) shall be deemed to be a building lease.

Right of building lessee to a reversionary lease.

11.— (1) A building lessee, subject to section 15 of this Act and on obtaining the consent of every proprietary lessee who holds the land or any part of the land demised by the building lease, shall be entitled on application to obtain from his immediate lessor a reversionary lease of the land held by him under such building lease—

(a) not earlier than fifteen years before the expiration of his building lease, and

(b) not later than the expiration of the building lease or the expiration of three months from the service on him by his immediate lessor or any superior lessor of notice of the expiration of the building lease, whichever is the later.

(2) The notice referred to in paragraph (b) of subsection (1) of this section shall be a valid notice only if served not earlier than fifteen years before the expiration of the building lease.

(3) Where the building lessee excludes from his application for a reversionary lease any part of the land which has been subleased to a proprietary lessee, it shall not be necessary for him to obtain the consent of that proprietary lessee.

Right of proprietary lessee to a reversionary lease.

12.— (1) A proprietary lessee, subject to section 15 of this Act and on obtaining the consent of every sublessee under him who holds the land or any part of the land demised by the proprietary lease under a sublease which is itself a proprietary lease, shall be entitled on application to obtain from his immediate lessor a reversionary lease of all the land demised by his proprietary lease—

(a) not earlier than fifteen years before the expiration of his proprietary lease, and

(b) not later than the expiration of his proprietary lease or the expiration of three months from the service on him by his immediate lessor or any superior lessor of notice of the expiration of his proprietary lease, whichever is the later.

(2) The notice referred to in paragraph (b) of subsection (1) of this section shall be a valid notice only if served not earlier than fifteen years before the expiration of the proprietary lease.

(3) Where the proprietary lessee excludes from his application for a reversionary lease any part of the demised premises which is held on a sublease which is itself a proprietary lease, it shall not be necessary for him to secure the consent of that sublessee.

General provisions in relation to reversionary leases.

13.— (1) Where the reversion immediately expectant on the termination of a building lease or a proprietary lease is less than the term for which a reversionary lease is to be granted, the immediate lessor and such (if any) superior lessors as may be necessary shall, on receiving notice of the application for a reversionary lease, join in the grant of the reversionary lease.

(2) For the purpose of securing the joinder of all necessary parties in the grant of a reversionary lease, the applicant may serve a notice in writing upon his immediate lessor requiring information as to the nature and duration of his reversion and the name and address of the person for the time being entitled to the next superior interest and shall also be entitled to serve a similar notice on each other person holding a superior interest.

(3) It shall be the duty of every person upon whom a notice is served under subsection (2) of this section to give, within one month of such service, so much of the required information as is within his possession or procurement and if any such person neglects or refuses so to do, the applicant may apply to the Court and on the hearing of such application the Court may make such order as justice shall require with a view to compelling such person to give such information.

(4) Where a lessee fails to apply for a reversionary lease within the time specified in section 11 or section 12 of this Act, the Court may, on such terms as the Court thinks proper, extend such time where it is satisfied that the failure was occasioned by disability, mistake, absence from the State, inability to obtain requisite information or any other reasonable cause.

(5) Where an application is made for a reversionary lease before the expiration of the lease under which the applicant holds (in this section referred to as the old lease) the reversionary lease shall commence on the expiration of the old lease or on such other date as may be agreed upon between the parties.

(6) Where an application is made for a reversionary lease after the expiration of the old lease the reversionary lease shall commence on such date as may be agreed upon between the parties or, in default of agreement, on the date of the application for a reversionary lease.

Rights of lessees under certain expired leases.

14.— Where

(a) a lease expired within five years before the passing of this Act, and

(b) the lessee is, at the passing of this Act, in possession of the land comprised in the expired lease under a yearly tenancy arising by implication from the acts of the parties or as a tenant at will or without obtaining a new tenancy, and

(c) no person is, immediately before the passing of this Act, entitled to a reversionary lease in respect of the land under the Act of 1931,

then, the lessee shall, during twelve months after the passing of this Act, have the same rights in relation to obtaining a reversionary lease as he would have had within fifteen years before the expiration of the expired lease if this Act had been then in force.

Restrictions on the right to a reversionary lease.

15.— (1) No person shall be entitled to obtain a reversionary lease under this Act of the land or any part of the land comprised in a lease where the immediate lessor or any superior lessor who is a necessary party to the granting of the reversionary lease satisfies the Court—

(a) that his interest in reversion in such land is a freehold estate or is for a term of not less than fifteen years; and

(b) (i) that he bona fide intends, or has agreed, to pull down and rebuild or to reconstruct the whole or a substantial portion of the buildings on the land comprised in such lease, or

(ii) that he requires vacant possession of such land for the purpose of carrying out a scheme of development of property which includes such land, or

(iii) that for any reason the grant of such reversionary lease would not be consistent with good estate management.

(2) A lessee who has been declared not to be entitled to a reversionary lease under subsection (1) of this section shall be entitled to remain in possession of the premises comprised in his lease after the expiration of the lease, upon such terms as to the Court may seem just, until the person who successfully objected to the grant of the reversionary lease or his successor in title becomes entitled to possession thereof upon the expiration of the lease or leases upon which his reversion is dependent.

(3) Where a person who successfully objected to the grant of a reversionary lease does not within a reasonable time carry out any intention, agreement or purpose on account of which the application for a reversionary lease was refused, such person shall be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding five hundred pounds.

Compensation for disturbance.

16.— (1) Where the Court is satisfied that a lessee would, but for the provisions of section 15 of this Act, be, entitled to a reversionary lease, compensation in lieu of such reversionary lease shall be paid in accordance with the provisions of this section.

(2) (a) The compensation shall be payable by the successful objector or if there is more than one successful objector by them in such proportion as the Court may determine.

(b) The compensation shall be paid to the lessee unless, apart from the provisions of section 15 of this Act, his title to a reversionary lease was subject to obtaining the consents required by section 11 or section 12 of this Act, in which case it shall be paid to the lessee and the proprietary lessee or lessees whose consent was so required in such proportion as the Court may determine.

(3) The measure of compensation under this section shall be the loss which will, in the opinion of the Court, be suffered by the lessee and by such proprietary lessee or lessees, if any, as a direct consequence of the lessee's having been declared not to be entitled to a reversionary lease.

(4) The compensation payable to a person, being the lessee or a proprietary lessee, under this section shall become due and payable on the occurrence of whichever of the following events is the later, that is to say, the expiration of one month after the amount of the compensation is fixed or the date on which that person's lease terminates either by effluxion of time or by agreement between the parties to it.

(5) Where compensation is payable to a person, being the lessee or a proprietary lessee, under this section and the interest of that person in the land comprised in his lease is subject to a mortgage or charge for securing money, the mortgage or charge shall attach to the compensation and any person who is liable to pay compensation and who has notice of the mortgage or charge shall pay the compensation in accordance with the joint direction of such lessee or proprietary lessee and the mortgagee or chargeant or, in default of such direction, into Court.

(6) Where compensation awarded by the Court under this section is not paid within the time specified in subsection (4) of this section or within such extended time as the Court may allow, the following provisions shall have effect:

(a) any building lessee, subject to obtaining the consents required by section 11 of this Act and notwithstanding the provisions of paragraphs (a) and (b) of subsection (1) of that section, and any proprietary lessee, subject to obtaining the consents required by section 12 of this Act and notwithstanding the provisions of paragraphs (a) and (b) of subsection (1) of that section, shall be entitled to obtain from his immediate lessor a reversionary lease of all the land demised by his lease;

(b) the provisions of section 15 of this Act shall not apply;

(c) the granting of the lease shall operate as a discharge of the said award of compensation; and

(d) the Court may make an order for the payment by the successful objector of such damages as the Court considers proper for the loss which the building lessee or proprietary lessee has suffered as a direct consequence of the declaration of disentitlement to a reversionary lease.

(7) In this section “successful objector” shall, where the context so admits, be construed as including his executors, administrators and assigns,

Application of the Settled Land Acts.

17.— (1) Capital money arising under the Settled Land Acts, 1882 to 1890, may be applied—

(a) in payment of any sum payable to a person in respect of compensation or damages awarded under section 16 of this Act and any costs, charges and expenses payable in relation thereto; or

(b) in payment of any costs, charges and expenses incurred in or in relation to making or opposing an application to the Court under this Act.

(2) The payment of compensation or damages awarded under section 16 of this Act shall be included among the purposes for which a tenant for life may raise money under section 18 of the Settled Land Act, 1882.

(3) (a) Where a person liable to pay compensation under section 16 of this Act is a tenant for life or in a fiduciary position he may require the sum payable in respect of such compensation and any damages, costs, charges and expenses payable in relation thereto to be paid out of any capital money held on the same trusts as the settled land.

(b) In this subsection “capital money” includes any personal estate held on the same trusts as the land, and “settled land” includes land held on trust for sale.

Terms of reversionary lease when settled by the Court.

18.— (1) Where the terms on which a reversionary lease is to be granted are settled by the Court the subsequent provisions of this section shall have effect.

(2) The lease shall be for a term expiring ninety-nine years after the expiration of the lease to which it is reversionary.

(3) (a) Subject to paragraph (c) of this subsection, the rent reserved by the lease shall not be less than the rent reserved by the lease to which it is reversionary or than the rent reserved by any superior lease the lessor under which is required to join in the grant of the reversionary lease.

(b) Where the land to be comprised in the reversionary lease is part only of the land comprised in the lease to which it is reversionary or of the land comprised in any superior lease the lessor under which is required to join in the grant of the reversionary lease, such proportion of the rent reserved by any such lease as is fairly apportionable to the land to be comprised in the reversionary lease shall, for the purpose of paragraph (a) of this subsection, be deemed to be the rent reserved by such lease in respect of the land to be comprised in the reversionary lease.

(c) If any new covenant or condition restricting the lessee's rights is included in the reversionary lease, the Court shall have power to fix a lower rent where it thinks proper to do so.

(4) Subject to subsection (3) of this section, the rent to be reserved by the reversionary lease shall be one-sixth of the gross rent as defined in subsection (5) of this section.

(5) (a) The gross rent shall be the rent which, in the opinion of the Court, a willing lessee not already in occupation would give and a willing lessor would take for the land comprised in the reversionary lease in such circumstances that the supply of similar lands is sufficient to meet the demand and the competition therefor is normal—

(i) on the basis that vacant possession is given and that the lessee pays rates and taxes in respect of the land (other than the lessor's proportion of income tax) and is liable to insure against fire and to keep the premises in repair;

(ii) having regard to the other terms of the reversionary lease and to the letting values of land of a similar character to and situate in the vicinity of the land comprised in the reversionary lease but without having regard to any goodwill which may exist in respect of the land comprised in the reversionary lease.

(b) If the Court requires or the parties have agreed upon the expenditure by the applicant for a reversionary lease of a specified sum of money on repairs to the premises as a condition precedent to the execution of the lease, the gross rent shall be assessed—

(i) if the lease in respect of which the applicant seeks a reversionary lease contains a covenant by the lessee to keep or deliver up the premises in repair, having regard to the condition in which the premises will be after the repairs have been carried out, or

(ii) if there is no such covenant, having regard to the actual condition of the premises at the date of the application for the reversionary lease.

(c) If the premises, or any part thereof, are controlled premises within the meaning of the Rent Restrictions Act, 1946, as amended, which are let, either in whole or in part, as dwellings, the Court, in determining the gross rent, shall have regard to the restrictions imposed by the said Acts on the rents which tenants of such premises would be liable to pay.

(6) (a) The reversionary lease shall contain such covenants and conditions as may be agreed upon between the parties or, in default of agreement, as may be determined by the Court.

(b) In any case where the Court fixes the covenants and conditions of the lease, the lessee shall be made liable to pay all rates and taxes in respect of the land (other than the lessor's proportion of income tax) and to insure against fire and keep the premises in repair.

(7) (a) The Court may require an applicant for a reversionary lease to expend, within such time as the Court shall think proper, a specified sum of money on repairs or to execute specified repairs to the buildings to be comprised in the lease and may authorise the postponement of the execution of the lease until the requirement has been complied with, and the Court shall also have power to extend the time on being satisfied that there is reasonable cause for granting such extension.

(b) If the applicant neglects or refuses to comply with the requirement of the Court within the specified or extended time, the Court shall have power to declare him to have forfeited his right to a reversionary lease and to discharge any order granting it to him.

Reversionary lease deemed to be building lease and graft on and continuation of building lease or proprietary lease.

19.— A reversionary lease granted on or after the 31st day of March, 1931, to a building lessee or a proprietary lessee, whether granted on terms settled by the Court or negotiated between the parties, shall be deemed to be a building lease and to be a graft for all purposes on, and a continuation of, the building lease or proprietary lease (as the case may be) under which the person to whom the reversionary lease is granted previously held the land comprised in the reversionary lease, and the lessee's interest under the reversionary lease shall be subject to any rights or equities arising from that lease being such graft.

Rights of sublessees where lease is terminated by ejectment or re-entry.

20.— Where a lease is terminated (before the expiration thereof by effluxion of time) by ejectment for non-payment of rent, breach of covenant or otherwise or by the exercise by the lessor of a power of re-entry for breach of a covenant or a condition contained in such lease, the following provisions shall have effect:

(a) no sublease of the land or any part of the land comprised in the terminated lease which is a building lease or a proprietary lease shall be terminated by such termination ;

(b) the person who would but for this section become entitled by virtue of the termination of the terminated lease to the possession of the land comprised in such sublease shall become entitled to the reversion on such sublease and, subject to section 21 of this Act, to the benefit of the rent reserved by and the covenants and conditions contained in such sublease ;

(c) such sublease, if not already a building lease, shall be deemed to be a building lease.

Rent payable under certain subleases.

21.— The lessee under a sublease to which paragraph (a) of section 20 of this Act applies shall, from the date of the termination of the terminated lease, hold the land demised to him at whichever of the following rents is the greater—

(a) the rent reserved by the sublease, or

(b) such portion of the rent reserved by the terminated lease as is fairly attributable to the land comprised in the sublease.

Assistance of the Court by the Commissioner of Valuation.

22.— (1) Where the Court fixes the terms of a reversionary lease, the Court may and, if so requested by any party concerned, shall cause to be sent to the Commissioner of Valuation a request for a valuation, estimate or statement in respect of any particular matter relevant to the fixing of such terms and may for that purpose adjourn the fixing of such terms.

(2) Upon receipt of a request under this section, the Commissioner of Valuation shall cause such valuation, estimate or statement as is mentioned in the request to be prepared and sent to the Court together with a statement of the fee, calculated in accordance with regulations made by the Minister for Finance, payable therefor.

(3) Any party concerned shall be entitled to obtain from the county registrar a copy of a valuation, estimate or statement furnished by the Commissioner of Valuation to the Court in pursuance of this section, subject to payment therefor at the rate for the time being chargeable by law for copies of documents obtained from the Circuit Court Office.

(4) The fee payable under this section for a valuation, estimate or statement sent by the Commissioner of Valuation to the Court in pursuance of this section shall be borne and paid to the county registrar by such party or by such parties in such proportion as the Court shall direct and shall be paid by the county registrar into, or disposed of by him for the benefit of, the Exchequer in such manner as the Minister for Finance shall direct.

(5) Where a request is sent under this section to the Commissioner of Valuation at the request of a party, the Court shall, in fixing the terms of a reversionary lease, have regard to the valuation, estimate or statement furnished by the said Commissioner.

Right of lessee to continue in occupation.

23.— (1) A person who is for the time being entitled to obtain a reversionary lease under this Act shall, after the expiration of his lease, be entitled to hold, as tenant to his immediate lessor, the premises demised by the lease until either he is declared, under section 15 of this Act, not to be entitled to obtain a reversionary lease or a reversionary lease is executed by his immediate lessor, and such (if any) superior lessors as may be necessary, in terms agreed upon between the parties or settled by the Court and, during such period, the lessee shall hold the premises on the terms (so far as applicable) of the expired lease, subject to any recoupments or adjustments that may be made under the reversionary lease if granted to him.

(2) Where an application is made to the Court in relation to the grant to a person of a reversionary lease and the lease under which such person holds expires before the application is finally heard and determined, such person shall be entitled to remain in possession until the application is finally heard and determined on the terms (so far as applicable) of the expired lease, subject to such recoupments or adjustments as the Court may think proper.

Persons bound to grant reversionary leases.

24.— (1) Where a lessee is entitled under this Act to obtain a reversionary lease, his immediate lessor shall be bound to grant a reversionary lease to such lessee.

(2) Where a lessor holds the land of which he is required by this Act to grant a reversionary lease under a lease for a term which is less than the term for which such reversionary lease is to be granted, his immediate lessor and such (if any) superior lessors as may be necessary shall be bound to join in the grant of the reversionary lease.

(3) Where a person who is bound by this section to grant or join in granting a reversionary lease is, by reason of being a trustee, personal representative or other person having a fiduciary capacity or by reason of being an infant or by reason of having only an estate for his life or in tail or other limited estate or by reason of restrictive covenants in the lease under which he holds, incapable in law of granting or joining in granting (as the case may be) such reversionary lease, the Court may, on the application of any person concerned, by order empower the person so bound to grant or join in granting (as the case may be) such reversionary lease.

(4) Where a person who is bound by this section to grant or join in granting a reversionary lease is an infant or a person of unsound mind, or cannot be found or refuses or fails to execute such lease, the Court may, on the application of any person concerned, appoint an officer of the Court to execute such lease for and in the name of the person so bound and thereupon the execution of such reversionary lease by such officer for and in the name of such person shall for all purposes be as effectual as the execution thereof by such person.

(5) Where any person who is bound by this section to grant or join in granting a reversionary lease is unknown or unascertained the Court may, on the application of a lessee entitled under this Act to obtain a reversionary lease, by order appoint any person who is receiving the rent in respect of the applicant's interest in the premises, or such other person as the Court may think fit, to represent such unknown or unascertained person in all proceedings in connection with the grant of a reversionary lease, and may by the same or a subsequent order appoint an officer of the Court to execute such lease for and on behalf of the person so bound and unknown or unascertained, and thereupon the execution of such reversionary lease by such officer for and on behalf of such person shall for all purposes be as effectual as the execution thereof by such unknown or unascertained person.

(6) Where under subsection (4) or subsection (5) of this section the Court appoints an officer of the Court to execute a reversionary lease for and in the name of, or for and on behalf of, any person, the Court may order the rent payable under the reversionary lease to be paid into Court to such account as it shall fix, or may make such order and give such directions in regard to the payment of such rent as it may deem proper.

Applications to the Court.

25.— If any dispute, question or difficulty arises in regard to the right of any person to a reversionary lease under this Act, his neglect to proceed with an application for such lease, the terms on which such lease is to be granted, or otherwise in relation to the grant of such lease, any person concerned may apply to the Court and the Court may make such order as justice shall require and, in particular, may fix the terms on which such lease is to be granted.