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Wylie v Boyce

Irish Law Times Reports (Digests) Cited authorities 8 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1929
Date01 January 1929
CourtAssizes (Northern Ireland)
[Assizes, N.I.],
Wylie
and
Boyce

Ejectment by tenant to recover part of holding from sub-tenant - Expiration of second statutory term - Lands bought out by tenant - Present tenancy - Notice to Quit (Ir.) Act, 1876 (39 40 Vict. c. 63), s. 1 - Land Law (Ir.) Act, 1881 (44 45 Vict. c. 49), s. 5 - Land Law (Ir.) Act, 1896 (59 60 Vict. c. 47), s. 3 (1) - Northern Ireland Land Act, 1925 (15 16, Geo. V., c. 34), ss. 8 (3) (a), 20, 23 - Ejectment for overholding brought on notice to quit under s. 1 of the Notice to Quit (Ir.) Act, 1876.

The plaintiff was formerly tenant on the estate of Major Close, and the defendant and his predecessors were sub-tenants. The plaintiff had bought out the entire holding under the Land Purchase Acts prior to the service of the notice to quit. The rent of the sub-tenancy had been fixed twice judicially, the second statutory term having expired in 1916. No steps were taken to have a third-term rent fixed. Held, that upon the true construction of s. 5 of the Land Law (Ir.) Act, 1881, the tenant's right to retain possession of the holding in which a present tenancy existed is an incident of the tenancy and not one of its statutory conditions, that such an incident is not...

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