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LAND LAW (IRELAND) ACT 1896 - SECT 12

Determination of estate of immediate landlord.

12.(1) Where a superior landlord recovers against an immediate landlord a
judgment in ejectment for non-payment of the rent of a holding, or of lands
including a holding, the estate of the immediate landlord shall be deemed to
be determined within the meaning of section fifteen of the
Land Law (Ireland) Act, 1881, without prejudice to his right to redeem his
interest, as if a decree for possession or a writ of possession had been
executed.

(2) Unless the court before which the ejectment was brought certifies that the
non-payment was due to the non-payment of rent by the tenant of the holding,
such judgment shall not be executed against the tenant, and the tenancy of the
holding shall not be affected, except that the superior landlord shall stand
in the relation of immediate landlord to the tenant, and may proceed
accordingly for the recovery of all rent due from the tenant to the immediate
landlord, as if it had always been due to the superior landlord, but (except
in the case of fraud or collusion or a letting at a gross undervalue) not for
the recovery of the rent due to the superior from the immediate landlord. If
the amount recovered by the superior landlord from the tenant equals or
exceeds the amount due to him from the immediate landlord, the interest of the
immediate landlord shall not be deemed to have been redeemed, but the superior
landlord shall pay the excess to the immediate landlord, after deducting any
amount due for costs.

© 1896 Crown Copyright

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