Land Law (Ireland) Act 1896
| Jurisdiction | UK Non-devolved |
| Citation | 1896 c. 47 |
| Year | 1896 |
Land Law (Ireland) Act, 1896
(59 & 60 Vict.) CHAPTER 47.
An Act to further amend the Law relating to the Occupation and Ownership of Land in Ireland, and for other purposes relating thereto.
[14th August 1896]
B E it 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:
PART I.
Land Law .
Fair Rents
1 Amendment as to improvements.
(1)1.—(1.) Where the court fix a fair rent for a holding, the court shall ascertain and record in the form of a schedule, unless both landlord and tenant shall otherwise request—
(a ) the annual sum which should be the fair rent of the holding on the assumption that all improvements thereon were made or acquired by the landlord;
(b ) the condition as to cultivation, deterioration, or otherwise of the holding and the buildings thereon;
(c ) the improvements made wholly or partly by the tenant or at his cost, and with respect to each such improvement
(i) the nature, character, and present capital value thereof, and the increased letting value due thereto;
(ii) the date (so near as can be ascertained) at which the same was made; and
(iii) the deduction from the rent made on account thereof;
(d ) the extent (if any) to which the landlord has paid or compensated the tenant in respect of each such improvement;
(e ) the improvements made wholly or partly by or at the cost of, or acquired by, the landlord;
(f ) such other matters in relation to the holding as may have been taken into account in fixing the fair rent thereof, or as may be prescribed; and
(g ) the fair rent of the holding;
and the said schedule shall be in the form set out in the First Schedule to this Act, or in such other form as may be prescribed, and a certified copy of the record shall on the prescribed application be sent by post to each party, and the record shall be admissible in evidence on its mere production from the proper custody.
(2) (2.) Nothing contained in the First Schedule to this Act shall affect the constriction of any other portion of this Act.
(3) (3.) No rent shall be allowed or made payable in respect of an improvement made by the tenant on a holding by reason only of the work constituting, such improvement not being suitable to the holding.
(4) (4.) For the purpose of the Land Law Acts, as amended by this Act, a tenant shall be deemed to have been fully paid or compensated for every improvement made by him in pursuance of a contract entered into for valuable consideration.
(5) (5.) For the purpose of the Land Law Acts, as amended by this Act, a tenant shall not be deemed to have been paid or compensated for any improvement not made in pursuance of a contract entered into for valuable consideration, except to the extent to which the court, having regard to all the circumstances of the case, are of opinion that valuable consideration has been given by the landlord in respect of the improvement.
(6) (6.) A contract by a tenant not to claim, on quitting his holding, compensation for any improvement made by him shall not authorise the allowance of any rent in respect of any improvement except to the extent to which the court, having regard to all the circumstances of the case, are of opinion that valuable consideration has been given by the landlord in respect of the entering into that contract.
(7) (7.) Section four of the Landlord and Tenant (Ireland) Act, 1870 , shall not authorise the allowance of any rent in respect of any improvement, provided that rent may be allowed in respect of an improvement made by the tenant, if made twenty years before the passing of the said Act, and not being a permanent building or reclamation of waste land.
(8) (8.) For the purpose of this section valuable consideration shall not be held to have been given by reason of the mere letting of the land on lease or otherwise, or the mere enjoyment by the tenant of any improvement where the rent of the holding was not fixed, reduced, abated, or, after the improvement was made, allowed to remain unaltered with the object of recouping the tenant for his expenditure of capital and labour in making the improvement, and in the case of an improvement made in pursuance of a contract entered into for valuable consideration, such object shall be implied where not expressed.
(9) (9.) In assessing the fair rent of any holding no deduction shall be made, except such deductions as shall be specified and accounted for in the said schedule, and are in accordance with the provisions of the Land Law Acts.
(10) (10.) Sub-sections (2) and (4) of section five of the Landlord and Tenant (Ireland) Act, 1870 , and in the case of sales after the passing of the Landlord and Tenant (Ireland) Act, 1870, sub-section (1) of the same section shall not have effect in the case of applications to fix a fair rent.
2 Limitation of enactments prohibiting resumption of holding during statutory term.
2. Any enactment prohibiting the resumption of a holding or part of a holding until the expiration of the first statutory term in a tenancy shall not apply where the term began after the commencement of this Act, and either the land resumed is demesne land, or the holding is a town park for which a fair rent is fixed by virtue of this Act.
3 Statutory term and beginning of judicial rent.
(1)3.—(1.) On the expiration of a statutory term in a present tenancy the tenancy shall continue a present tenancy subject to the same rent and conditions (including the statutory conditions) as during the statutory term, until the tenancy is determined, or a new statutory term for the holding begins, and an application to fix a fair rent may be made at any time during such continuance, of the tenancy; and no objection to such application shall be allowed which could have been but, was not taken upon the application for a previous judicial rent, or being then taken was overruled.
(2) (2.) Where the court on application fix a judicial rent for a holding, the judicial rent and statutory term shall begin from the gale day next after the date of the application, or, if a preceding statutory term is then current, from any later gale day on which that statutory term expires.
(3) (3.) The judicial rent fixed by order of the court for a holding shall, as from the gale day from which it begins, be the rent payable by the tenant of the holding; and where it differs from the previous rent, whether or not a judicial rent, then in respect of the period which may have elapsed since the gale day from which it began, the difference, if the judicial rent so fixed is higher than the previous rent, shall be paid by the tenant, and if the judicial rent so fixed is lower, may, if it has been actually paid by the tenant, be deducted from any rent subsequently payable by him, unless the judicial rent exceeds fifty pounds a year, in which case the difference may be deducted from any rent subsequently payable by him to the landlord to whom such difference has been paid, or to his personal representatives, or where the estate of such landlord has determined may be recovered from such landlord or his personal representatives. Provided that where the judicial rent does not exceed fifty pounds a year, the amount of any deduction made by the tenant may be recovered from the person to whom the difference was paid, or his personal representatives.
4 Judicial term in cases of agreements.
4. In the case of a tenant who applied to the court under section sixty of the Land Law (Ireland) Act, 1881, on the first occasion on which it sat, to have a fair rent fixed, and who, since making that application, has signed an agreement under sub-section (6) of section eight of the said Act, the statutory term so created shall, where the judicial rent has been received as having accrued due from the gale day next after the day on which the Land Law (Ireland) Act, 1881, came into force, be held for the purpose of an application to fix a fair rent to date from that gale day.
5 Exclusion of certain holdings.
(1)5.—(1.) The Land Law Acts, except section seven of the Land Law (Ireland) Act, 1881 (which amends the Landlord and Tenant (Ireland) Act, 1870, in respect of compensation for improvements), shall not apply to the following tenancies:—
(a. ) To a tenancy in any holding which is not substantially either agricultural or pastoral in its character, or partly agricultural and partly pastoral, or the main object of the letting of which was for a residence:
(b. ) To a tenancy in any holding which substantially consists of—
(i) land being or forming part of a home farm; or
(ii) land which when first demised was demesne, and which the provisions of the contract of tenancy, or the circumstances of the case, show was intended to be preserved as demesne or resumed as demesne by the landlord; or
(iii) land incorporated in a demesne by the tenant, and forming part of a demesne at the time the application to fix a fair rent is made:
(c. ) To a tenancy in a holding (other than a holding let to be used wholly or mainly for a dairy farm) which is let to be used wholly or mainly for the purpose of pasture—
(i) if it is of the rateable value of upwards of one hundred pounds; or
(ii) if the tenant does not actually reside on the holding, or where the holding adjoins or is ordinarily used with another holding, then on the latter...
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