Land Law (Ireland) Act 1887

JurisdictionUK Non-devolved
Citation1887 c. 33


Land Law (Ireland) Act, 1887

(50 & 51 Vict.) CHAPTER 33.

An Act to amend the Land Law (Ireland) Act, 1881, and the Purchase of Land (Ireland) Act, 1885, and for other purposes connected therewith.

[23rd August 1887]

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:

I

Part I.

Amendments of General Application.

Amendments of General Application.

S-1 Leaseholders.

1 Leaseholders.

1. At any time within two years after the passing of this Act on the application in the prescribed manner to the court by the lessee of any holding who at the expiration of his lease existing at the passing of the Land Law (Ireland) Act, 1881, would be deemed to be a tenant of a present ordinary tenancy from year to year within the meaning of the said Act, at the rent and subject to the conditions of the lease, or would be so deemed but for the fact that such lease would not expire within sixty years after the passing of the Land Law (Ireland) Act, 1881, such lessee shall, if bon fide in occupation of his holding, be deemed to be a tenant of a present tenancy in like manner and subject to like conditions, and subject to the same right of resumption as if his lease had expired, and his holding shall be subject to all the provisions of the said Act of 1881 with regard to present tenancies as if the tenancy therein were a tenancy from year to year.

This section shall apply only to leases expiring within ninety-nine years after the passing of the Land Law (Ireland) Act, 1881, and every lease existing at the passing of the Land Law (Ireland) Act, 1881, for any life or lives then existing, with or without any term of years not exceeding ninety-nine years where such term is concurrent, or thirty-one years where such term is in reversion, and not being renewable in any case, shall, for the purposes of this section, be deemed to be a lease so expiring.

In case of a lessee becoming present tenant under this section, the court shall not for fifteen years from the commencement of such present tenancy authorise resumption by the landlord under this section.

S-2 Perpetuities may be set aside.

2 Perpetuities may be set aside.

2. In case of a lease or grant existing at the date of the Land Law (Ireland) Act, 1881, and executed since the first day of January one thousand eight hundred and sixty-nine, of a holding bona fide in the occupation of the tenant or grantee, and to which, hut for the length of the term, section one of this Act would apply, if the court is satisfied that the acceptance thereof by the tenant or grantee was procured by the landlord by threat of eviction, or undue influence, or other inequitable means, the court may, upon the application of the tenant or grantee or the successor in title of the tenant or grantee made within six months after the passing of this Act, declare such lease or grant to be void as and from the date of the order, upon such terms as to costs and otherwise as the court may deem just, and thereupon such tenant shall be deemed to be tenant of a present ordinary tenancy from year to year at the rent mentioned in such lease, and subject to such conditions thereof as the court may deem just.

S-3 Exceptional provisions for certain lease-holders.

3 Exceptional provisions for certain lease-holders.

3. A lease to which section one of this Act would otherwise apply, shall be deemed to be within the said section if made or agreed to be made after the passing of the Land Law (Ireland) Act, 1881, and before the first day of January, one thousand eight hundred and eighty-three, where the lessee had been tenant in occupation of the holding under a contract of tenancy expiring after the twenty-ninth day of September, one thousand eight hundred and eighty, and had thenceforward continued in such occupation as tenant or caretaker, or otherwise, with the assent of the landlord, to the time of the making of such lease: Provided the court, having regard to all the facts of the case, is of opinion that the making of such lease was deferred with the object of defeating the provisions of the Land Law (Ireland) Act, 1881.

In this section the expression ‘lessee’ shall include the person or persons who would have been successors in title of the tenant under the previous contract of tenancy if such tenancy had continued and had become vested in the lessee.

S-4 Subletting to labourers and others.

4 Subletting to labourers and others.

4. A tenant shall for the purpose of the Land Law (Ireland) Act, 1881, and of this Act, be deemed to be in bona fide occupation of his holding notwithstanding that he has sublet part thereof, provided the subletting is for the use of a labourer or labourers bona fide employed and required for the cultivation of the holding, and the court deems such subletting reasonable, and sanctions the same. The land comprised in each such letting shall not exceed half an acre in extent, and the court shall have regard to the size and character of the holding, and may prescribe such terms as to rent and otherwise with regard to the part sublet as it thinks fit.

A tenant may also be deemed in occupation of his holding notwithstanding that part is sublet, where the subletting is of a trivial character, and the court deems the tenant to be substantially in occupation of the holding, and the court may prescribe like terms as to rent and otherwise. This section shall not apply to a subletting made by a tenant during a statutory term nor to a subletting made after the passing of this Act.

S-5 Judicial rent may commence on date of application to the court.

5 Judicial rent may commence on date of application to the court.

5. When the court on application fixes a judicial rent for a holding, the judicial rent shall be the rent payable by the tenant to of the holding as from the gale day next after the making of the application, and the court shall proceed to take an account between the parties of the difference between the rent which has been paid by the tenant since the said gale day and the judicial rent, and any sum found on such account to be due from the landlord to the tenant shall be deducted by the tenant from the rent thereafter accruing due from him, and any sum found on such account to be due to the landlord from the tenant shall be paid by the tenant as an addition to the rent.

In case of an application to fix a judicial rent made before the gale day next following the passing of this Act, if the judicial rent is fixed at a lower rate than the rent previously payable, the tenant may deduct from the amount of the judicial rent payable by him such sum as he may have paid over and above the amount of the judicial rent in respect of the half year expiring on the gale day aforesaid.

S-6 Consolidation of proceedings in ejectment, and application for fair rent.

6 Consolidation of proceedings in ejectment, and application for fair rent.

6. Where an ejectment is brought in any civil bill court for the nonpayment of the rent of a holding for which a judicial rent has not been fixed, the defendant may apply, in the prescribed manner, to the court to fix a fair rent for the holding, and the court may thereupon dispose of the said application, and of the ejectment at the same time.

Provided always that every order made under this section fixing a fair rent shall be subject to the like appeal as if the same had been made in the ordinary manner under the Land Law (Ireland) Act, 1881.

S-7 Substitution of a written notice for the execution of an ejectment.

7 Substitution of a written notice for the execution of an ejectment.

(1)7.—(1.) In the case of any holding for which a judgment in ejectment for nonpayment of rent has been recovered, where the rent does not exceed one hundred pounds by the year, and in every other case of judgment in ejectment for nonpayment of rent in which the plaintiff shall elect to take advantage of and proceed under this section, the period within which an application for a writ of restitution of possession may be made in the manner provided by the seventieth and seventy-first sections of the Landlord and Tenant Law Amendment Act (Ireland), 1860 , shall be a period of six months after the service of a notice under this section. Such notice shall state truly the exact amount claimed by the plaintiff as payable for redemption and the place or places where and the person or persons to whom the same may be paid or tendered during the said period and may be in the form contained in the schedule to this Act, or to the like effect, and may be served after six weeks from the date of judgment, but not earlier unless the court shall permit, by the person entitled to the possession of land under a judgment in ejectment for nonpayment of rent, upon every person served with the writ or process in such ejectment who at the time of the service of the notice shall be in possession of such land; in all such cases a copy of the said notice shall be sent in a registered letter addressed to the tenant, and a summary of such notice in the prescribed form shall be posted by or on behalf of the landlord on a police barrack or court house in the district in the prescribed manner and within the prescribed time; and if no such person is in possession, it may be posted in the prescribed manner; and a copy of such notice shall be filed in the court in which such action is pending within the prescribed time. Upon such service or posting the tenancy in the holding shall be determined as if a writ of possession...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT