LAND LAW (IRELAND) ACT 1881 - SECT 20 Rules as to determination of tenancy.

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LAND LAW (IRELAND) ACT 1881 - SECT 20

Rules as to determination of tenancy.

20. A tenancy to which this Act applies shall be deemed to have determined
whenever the landlord has resumed possession of the holding either on the
occasion of a purchase by him of the tenancy, or of default of the tenant in
selling, or by operation of law, or reverter, or otherwise. Provided that:

(1)The surrender to the landlord of a tenancy for the purpose of the
acceptance or admission of a tenant or otherwise by way of transfer to a
tenant shall not be deemed to be a determination of the tenancy:

(2)Where the landlord has resumed possession of a tenancy from a present
tenant, he may, if he thinks fit so to do, reinstate such tenant in his
holding as a present tenant; and thereupon such tenancy shall again become
subject to all the provisions of this Act which are applicable to present
tenancies;

Provided always, that the landlord and tenant may at the time of such
reinstatement agree on the rent to be paid by such tenant, and in such case
such agreement shall have the same effect as if the rent so agreed on were a
judicial rent fixed by the court under the provisions of this Act;

(3)Where a present tenancy in a holding is purchased by the landlord from the
tenant in exercise of his right of pre-emption under this Act, and not on the
application or by the wish of the tenant, or as a bidder in the open market,
then if the landlord within fifteen years from the passing of this Act re-lets
the same holding to another tenant, the same shall be subject from and after
the time when it has been so re-let, to all the provisions of this Act which
are applicable to present tenancies;

(4)A tenant holding under the Ulster tenant-right custom, or a usage
corresponding to the Ulster tenant-right custom, shall be entitled to the
benefit of such custom, notwithstanding any determination of his tenancy by
breach of a statutory condition or of an act or default of the same character
as the breach of a statutory condition.

Whenever a present tenancy is sold in consequence of a breach by the tenant,
after the passing of this Act, of a statutory condition, or, in the case of a
tenancy not subject to statutory conditions, of an act or default on the part
of a tenant, after the passing of this Act, which would, in a tenancy subject
to such conditions, have constituted a breach thereof, the purchaser or his
successors in title in such tenancy shall not at any time thereafter be
entitled to apply to the court under this Act to fix a judicial rent for the
holding; but this provision shall not prejudice or affect the right of such
purchaser or his successors to hold at such judicial rent during the residue
of such statutory term, if any, as the holding may then be subject to, under
the provisions of this Act.

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Northern Irish Legislation

LAND LAW (IRELAND) ACT 1881 - SECT 20