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LANDLORD AND TENANT (IRELAND) ACT 1870 - SECT 7

Compensation in respect to payment to incoming tenant.

7. Where any tenant of a holding does not claim or has not obtained
compensation under section one, two, or three of this Act, and it is proved to
the satisfaction of the Court that any such tenant or that his predecessors in
title on coming into his holding paid money or gave money's worth with the
express or implied consent of the landlord on account of his so coming into
his holding, the Court shall award to such tenant on quitting his holding in
respect of the sum so paid such compensation as it thinks just, having regard
to the circumstances of the case; but such tenant shall not be entitled to any
compensation under this section when it appears to the Court that such tenant
has been given permission by the landlord to obtain such satisfaction from an
incoming tenant in respect of the money so paid, or the money's worth so given
by him, and on such terms as the Court may think reasonable, and such tenant
has refused or neglected to avail himself of such permission; moreover where
the money or money's worth paid or given by any tenant claiming compensation
under this section on coming into his holding was paid or given in whole or in
part in respect or as covering the value of any improvements on the holding,
care shall be taken that such tenant shall not receive compensation in respect
of the same improvements under this section and also under some other section
of this Act; provided that out of any moneys payable to the tenant under this
section all sums due to the landlord from the tenant or his predecessors in
title in respect of rent, or in respect of any deterioration of a holding
arising from non-observance on the part of the tenant of any express or
implied covenant or agreement, and also any taxes payable by the tenant due in
respect of the holding, and not recoverable by him from the landlord, may, if
not deducted under the provisions of section four of this Act, be deducted by
or on behalf of the landlord: Provided always, that this section shall not
apply when such money or money's worth has been paid during the existence of a
lease made before the passing of this Act.

© 1870 Crown Copyright

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