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LANDLORD AND TENANT (IRELAND) ACT 1870 - SECT 18 

Equities between landlord and tenant.

18. On the hearing of any dispute between landlord and tenant under this Act,
either party may make any claim, urge any objection to the claim of the other,
or plead any set-off such party may think fit (including in the case of a
landlord any moneys paid on account of the purchase of the right of the tenant
under the Ulster tenant-right custom or such usage as aforesaid), and
the Court shall take into consideration any such claim, objection, or set-off,
also any such default or unreasonable conduct of either party as may appear to
the Court to affect any matter in dispute between the parties, and shall
admit, reduce, or disallow altogether any such claim, objection, or set-off
made or pleaded on behalf of either party as the Court thinks just giving
judgment on the case with regard to all its circumstances including such
consideration of conduct as aforesaid, and the Court shall have jurisdiction
at the hearing of any such dispute to ascertain what sums, if any, shall be
deemed due by the tenant to the landlord under sections three, four, and seven
of this Act, or any set-off in respect of unliquidated or liquidated damages
under said sections, or any of them; and in any case in which compensation
shall be claimed under section three of this Act, if it shall appear to
the Court that the landlord has been and is willing to permit the tenant to
continue in the occupation of his holding upon just and reasonable terms, and
that such terms have been and are unreasonably refused by the tenant, the
claim of the tenant to such compensation shall be disallowed.

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© 1870 Crown Copyright

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