LAND LAW (IRELAND) ACT 1881

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> LAND LAW (IRELAND) ACT 1881

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LAND LAW (IRELAND) ACT 1881 - SECT 13



13.(1) Where proceedings are or have been taken by the landlord to compel a
tenant to quit his holding, the tenant may sell his tenancy at any time before
but not after the expiration of six months from the execution of a writ or
decree for possession in an ejectment for nonpayment of rent and at any time
before but not after the execution of such writ or decree in any ejectment
other than for nonpayment of rent; and any such tenancy so sold shall be and
be deemed to be a subsisting tenancy notwithstanding such proceedings, without
prejudice to the landlord's rights, in the event of the said tenancy not being
redeemed within the said period of six months; and, if any judgment or decree
in ejectment has been obtained before the passing of this Act, such tenant may
within the same periods respectively apply to the court to fix the judicial
rent of the holding, but subject to the provisions herein contained such
application shall not invalidate or prejudice any such judgment or decree,
which shall remain in full force and effect.

(2) Where the sale of any tenancy is delayed by reason of any application
being made to the court or for any other reasonable cause, the court may, on
the application of the tenant, and on such terms and conditions as the court
may direct, enlarge the time during which the tenant may exercise his power of
sale, or in case of ejectment for nonpayment of rent redeem the tenancy.

(3) ...

Provided, that proceedings shall not be taken by a landlord to compel a tenant
to quit his holding for breach of any statutory condition, save as follows:

(a)Where the condition broken is a condition relating to payment of rent, then
by ejectment subject to the provisions of the statutes relating to ejectment
for nonpayment of rent; and

(b)Where the condition broken is any other statutory condition, then by
ejectment founded on notice to quit.

(4) Where a notice to quit is served by a landlord upon a tenant for the
purpose of compelling the tenant to quit his holding during the continuance of
a statutory term in his tenancy in consequence of the breach by the tenant of
any statutory condition other than the condition relating to payment of rent,
the tenant may, at any time before the commencement of an ejectment founded on
such notice to quit, apply to the land commission, and after the commencement,
or at the hearing of any such ejectment, may apply to the court in which the
ejectment is brought, for an order restraining the landlord from taking
further proceedings to enforce such notice to quit.

If the land commission or court to which such application is made are of
opinion that adequate satisfaction for the breach of such condition can be
made by the payment of damages to the landlord, and that the tenant may justly
be relieved from the liability to be compelled to quit his holding in
consequence of such breach, the commission or court may make an order
restraining further proceedings on the notice to quit, upon the payment by the
tenant of such sum for damages, as they shall then, or after due inquiry,
award to the landlord in satisfaction for the breach of the statutory
condition, together with the costs incurred by the landlord in respect to the
notice to quit and the proceedings subsequent thereto.

If the land comission or court are of opinion that no appreciable damage has
accrued to the landlord from the breach of such condition, and that the tenant
may justly be relieved as aforesaid, they may make an order restraining
further proceedings on the notice to quit, upon such terms as to costs as they
may think just.

(5) The service of a notice to quit, to enforce which no proceedings are taken
by the landlord, or the proceedings to enforce which are restrained by the
court, shall not operate to determine the tenancy.

(6) A tenant compelled to quit his holding during the continuance of a
statutory term in his tenancy, in consequence of the breach by the tenant of
any statutory condition, shall not be entitled to compensation for
disturbance.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/lla1881137/s13.html

Northern Irish Legislation

LAND LAW (IRELAND) ACT 1881 - SECT 13