Landlord and Tenant Law Amendment (Ireland) Act 1860
(23 & 24 Vict.) C A P. CLIV.
[28th August 1860]
'WHEREAS it is expedient to consolidate and amend the Laws relating to Landlord and Tenant inIreland: ' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I Construction of certain Terms in this Act.
I. In the Construction of this Act the following Words and Expressions shall have the Force and Meaning hereby assigned to them, unless there be something in the Subject or Context repugnant thereto:
The Word ‘Person’ or ‘Party’ shall extend to and include any Body Politic, Corporate, or Collegiate, whether aggregate or sole, and any public Company:
The Word ‘Lease’ shall mean any Instrument in Writing, whether under Seal or not, containing a Contract of Tenancy in respect of any Lands, in consideration of a Rent or Return:
The Word ‘Lands’ shall include Houses, Messuages, and Tenements of every Tenure, whether corporeal or incorporeal:
The Word ‘Acre’ shall mean Statute Acre:
The Word ‘Landlord’ shall include the Person for the Time being entitled in possession to the Estate or Interest of the original Landlord, under any Lease or other Contract of Tenancy, whether the Interest of such Landlord shall have been acquired by lawful Assignment, Devise, Bequest, or Act and Operation of Law, and whether he has a Reversion or not:
The Word ‘Tenant’ shall mean the Person entitled to any Lands under any Lease or other Contract of Tenancy, whether the Interest of such Tenant shall have been acquired by original Contract, lawful Assignment, Devise, Bequest, or Act and Operation of Law:
The Expression ‘perpetual Interest’ shall comprehend, in addition to any greater Interest, any Lease or Grant for One or more than One Life, with or without a Term of Years, or for Years, whether absolute, or determinable on One or more than One Life, with a Covenant or Agreement by a Party competent thereto, in any of such Cases, whether contained in the Instrument by which such Lease or Contract is made or in any separate Instrument, for the perpetual Renewal of such Lease or Grant:
The Word ‘Rent’ shall include any Sum or Return in the Nature of Rent, payable or given by way of Compensation for the Holding of any Lands:
The Word ‘Agreement’ shall include every Covenant, Contract, or Condition expressed or implied in any Lease:
The Word ‘County’ shall extend to and include a County of a City, a County of a Town, a City and County, and a Riding of a County:
The Expression ‘Chairman’ shall mean the Chairman of the Quarter Sessions of the County, and shall extend to and include the Recorder of the City ofDublin and Borough of Cork , and the Recorder of any Borough or Town in Ireland under the Act passed in the Third and Fourth Years of Her Majesty's Reign, intituled An Act for the Regulation of Municipal Corporations in Ireland, and their Deputies lawfully appointed:
The Expression ‘Clerk of the Peace’ shall extend to and include the Registrar of the Chairman of the Quarter Sessions of the County ofDublin , so long as such Registrar shall continue in Office, and the Registrar of Civil Bills for the City of Dublin , and also the Acting or Deputy Clerk of the Peace, or Registrar or other Officer discharging the Duties of such Clerk of the Peace or Registrar.
II Short Title.
II. In citing this Act it shall be sufficient to use the Expression ‘TheLandlord and Tenant Law Amendment Act, Ireland, 1860.’
III Contract of Tenancy. — Relation to rest on Contract.
III. The Relation of Landlord and Tenant shall be deemed to be founded on the express or implied Contract of the Parties, and not upon Tenure or Service, and a Reversion shall not be necessary to such Relation, which shall be deemed to subsist in all Cases in which there shall be an Agreement by one Party to hold Land from or under another in consideration of any Rent.
IV Contract for definite Periods to be by Deed or Note, &c.
IV. Every Lease or Contract with respect to Lands whereby the Relation of Landlord and Tenant is intended to be created for any Freehold Estate or Interest, or for any definite Period of Time not being from Year to Year or any lesser Period, shall be by Deed executed, or Note in Writing signed by the Landlord or his Agent thereunto lawfully authorized in Writing.
V Continuance after Expiration of Contract.
V. In case any Tenant or his Representative, after the Expiration or Determination of the Term agreed upon in any Lease or Instrument in Writing, shall continue in possession for more than One Month after Demand of Possession by the Landlord or his Agent, such Continuance shall, at the Election of the Landlord, be deemed to constitute a new Holding of the said Lands from Year to Year, subject to the former Rent and to such of the Agreements contained in the Lease or Instrument as may be applicable to the new Holding.
VI Presumed Commencement of Tenancy.
VI. Every Tenancy from Year to Year shall be presumed to have commenced on the last Gale Day of the Calendar Year on which Rent has become due and payable in respect of the Premises, until it shall appear to the contrary.
VII Surrenders to be in Writing.
VII. The Estate or Interest of any Tenant under any Lease or other Contract of Tenancy shall not be surrendered otherwise than by a Deed executed, or Note in Writing signed by the Tenant or his Agent thereto lawfully authorized in Writing, or by Act and Operation of Law.
VIII Lease may be renewed without Surrender of Under-tenancies.
VIII. The Surrender of any Lease made before or after the passing of this Act for the Purpose of obtaining a Renewal thereof, shall be valid without the Surrender of the Interests of the Under-tenants thereunder; and the Owners of such renewed Lease for the Time being and their Representatives shall have the same Rights and Remedies as against such Under-tenants as he or they would have had or have been entitled to had such Surrender not been executed; and the Chief Landlord shall have the same Remedies against the Premises for the Rents and Duties reserved in such new Lease, not exceeding the Rents and Duties reserved by the Lease out of which such Under-tenancies were derived, as he would have been entitled to in case no such Surrender had been executed.
IX As to Assignment of Estate and Interest of Tenant.
IX. The Estate or Interest of any Tenant in any Lands under any Lease or other Contract of Tenancy shall be assigned, granted, or transmitted by Deed executed, or Instrument in Writing signed by the Party assigning or granting the same, or his Agent thereto lawfully authorized in Writing, or by Devise, Bequest, or Act and Operation of Law, and not otherwise; and in case the said Estate or Interest shall, on the Death of the Tenant, remain undisposed of and without any special Occupant, it shall pass to the personal Representative of the Tenant as Part of the Personal Estate of such Tenant.
X Assignment contrary to Agreement.
X. Where any Lease has been or shall be made containing an Agreement restraining or prohibiting Assignment, the Benefit of which has not been waived before the First Day ofJune One thousand eight hundred and twenty-six, it shall not be lawful to assign the Lands or any Part thereof contrary to such Agreement without the Consent in Writing of the Landlord or his Agent thereto lawfully authorized in Writing, testified by his being an executing Party to the Instrument of Assignment, or by an Indorsement on or Subscription of such Instrument.
XI Assignee liable to Condition against Assignment.
XI. Every Assignee of the Estate or Interest or any Part thereof of any Tenant, by lawful Assignment, or by Devise, Bequest, or Act and Operation of Law, made after the passing of this Act, shall be subject to the Observance of all Agreements in respect of Assignment or sub-letting to the same Extent as the original Tenant might have been.
XII Benefit of Covenants and Agreements transferred to Assignee of the Landlord.
XII. Every Landlord of any Lands holden under any Lease or other Contract of Tenancy shall have the same Action and Remedy against the Tenant, and the Assignee of his Estate or Interest, or their respective Heirs, Executors, or Administrators, in respect of the Agreements contained or implied in such Lease or Contract, as the original Landlord might have had against the original Tenant, or his Heir or personal Representative respectively; and the Heir or personal Representative of such Landlord on whom his Estate or Interest under any such Lease or Contract shall devolve or should have devolved shall have the like Action and Remedy against the Tenant, and the Assignee of his Estate or Interest, and their respective Heirs or personal Representatives, for any Damage done to the said Estate or Interest of such Landlord by reason of the Breach of any Agreement contained or implied in the Lease or other Contract of Tenancy in the Lifetime of the Landlord, as such Landlord himself might have had.
XIII Benefit of Covenants and Agreements transferred to Assignee of the Tenant.
XIII. Every Tenant of any Lands...
To continue reading
Request your trial