LAND LAW (IRELAND) ACT 1881 - SECT 5 Incidents of tenancy subject to statutory conditions.

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LAND LAW (IRELAND) ACT 1881 - SECT 5

Incidents of tenancy subject to statutory conditions.

5. A tenant shall not, during the continuance of a statutory term in his
tenancy, be compelled to pay a higher rent than the rent payable at the
commencement of such term, and shall not be compelled to quit the holding of
which he is tenant except in consequence of the breach of some one or more of
the conditions following (in this Act referred to as statutory conditions);
that is to say,

(1)The tenant shall pay his rent at the appointed time:

(2)The tenant shall not, to the prejudice of the interest of the landlord in
the holding, commit persistent waste by the dilapidation of buildings or,
after notice has been given by the landlord to the tenant not to commit or to
desist from the particular waste specified in such notice, by the
deterioration of the soil:

(3)The tenant shall not, without the consent of his landlord in writing,
subdivide his holding or sublet the same or any part thereof, or erect or
suffer to be erected thereon, save as in this Act provided, any dwelling-house
otherwise than in substitution for those already upon the holding at the time
of the passing of this Act:

Agistment or the letting of land for the purpose of temporary depasturage, or
the letting in conacre of land for the purpose of its being solely used and
which shall be solely used for the growing of potatoes or other green crops,
the land being properly manured, shall not be deemed a sub-letting for the
purposes of this Act.

(4)The tenant shall not do any act whereby his tenancy becomes vested in an
assignee in bankruptcy:

(5)The landlord, or any person or persons authorised by him in that behalf (he
or they making reasonable amends and satisfaction for any damage to be done or
occasioned thereby), shall have the right to enter upon the holding for any of
the purposes following (that is to say):Quarrying or taking stone, marble,
gravel, sand, brick clay, fire clay, or slate;Opening or making roads, fences,
drains, and water courses;Viewing or examining at reasonable times the state
of the holding and all buildings or improvements thereon;During the
continuance of a statutory term, all mines and minerals, coals and coal pits,
subject to such rights in respect thereof as the tenant, under the
contract of tenancy subsisting immediately before the commencement of the
statutory term, was lawfully entitled to exercise, shall be deemed to be
exclusively reserved to the landlord;

(6)The tenant shall not on his holding, without the consent of his landlord,
open any house for the sale of intoxicating liquors.

Nothing contained in this section shall prejudice or affect any ejectment for
nonpayment of rent instituted by a landlord whether before or after the
commencement of a statutory term, in respect of rent accrued due for a holding
before the commencement of such term.

During the continuance of a statutory term in a tenancy, save as herein-after
provided, the court may, on the application of the landlord, and upon being
satisfied that he is desirous of resuming the holding or part thereof for some
reasonable and sufficient purpose having relation to the good of the holding
or of the estate, including the use of the ground as building ground, or for
the benefit of the labourers in respect of cottages, gardens, or allotments,
or for the purpose of making grants or leases of sites for churches or other
places of religious worship, schools, dispensaries, or clergymen's or
schoolmasters' residences, authorise the resumption thereof by the landlord
upon such conditions as the court may think fit, and require the tenant to
sell his tenancy in the whole or such part to the landlord upon such terms as
may be approved by the court, including full compensation to the tenant.

Provided that the rent of any holding subject to statutory conditions may be
increased in respect of capital laid out by the landlord under agreement with
the tenant to such an amount as may be agreed upon between the landlord and
tenant.

Compensation for disturbance.

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Northern Irish Legislation

LAND LAW (IRELAND) ACT 1881 - SECT 5