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LAND LAW (IRELAND) ACT 1881 - SECT 21

Provisions as to existing leases.

21. Any leases or other contracts of tenancies existing at the date of the
passing of this Act, except yearly tenancies and tenancies less than yearly
tenancies, which said existing leases and contracts of tenancies (except as
aforesaid) are in this section referred to as existing leases, shall remain in
force to the same extent as if this Act had not passed, and holdings subject
to such existing leases shall be regulated by the lawful provisions contained
in the said leases, and not by the provisions relating to tenancies in that
behalf contained in this Act: Provided that at the expiration of such existing
leases, or of such of them as shall expire within sixty years after the
passing of this Act, the lessees, if bona8 fide in occupation of their
holdings, shall be deemed to be tenants of present ordinary tenancies from
year to year, at the rents and subject to the conditions of their leases
respectively, so far as such conditions are applicable to tenancies from year
to year; but this provision shall not apply where a reversionary lease of the
holding has been bona8 fide made before the passing of this Act; and provided
also that where it shall appear to the satisfaction of the court that the
landlord desires to resume the holding for the bona8 fide purpose of occupying
the same as a residence for himself, or as a home farm in connexion with his
residence, or for the purpose of providing a residence for some member of his
family, the court may authorise him to resume the same accordingly, in the
manner and on the terms provided by the fifth section of this Act with respect
to the resumption of a holding by a landlord: Provided always, that if the
holding so resumed shall be at any time within fifteen years after such
resumption re-let to a tenant, the same shall be subject, from and after the
time of its being so re-let, to all the provisions of this Act which are
applicable to present tenancies.

On the termination of any such existing lease in any holding which if it had
been held from year to year would have been subject to the Ulster tenant-right
custom, or any usage corresponding therewith, the person who would have been
entitled to make a claim under the first ... section of the
Landlord and Tenant (Ireland) Act, 1870, in respect of the same holding shall
be entitled to do so notwithstanding that the holding was held under any such
lease, but this proviso shall not apply to leases in which there is contained
a provision expressly excluding the Ulster tenant-right custom or a usage
corresponding therewith.

...

Contracts inconsistent with Act, how far void.

© 1881 Crown Copyright

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