[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> LAND LAW (IRELAND) ACT 1896

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

LAND LAW (IRELAND) ACT 1896 - SECT 7

Exclusion by subletting of holding.

7.(1) For the purposes of the Land Law Acts, the tenant of a holding shall be
deemed to be in bona fide occupation thereof notwithstanding

(a)that any dwelling-house on the holding, not being the dwelling in which the
tenant for the time being resides, and not having been erected by the tenant
in breach of his contract of tenancy or of a statutory condition, is sublet to
or in the occupation of another person; or

(b)that any other part of the holding is, otherwise than in breach of the
contract of tenancy or of a statutory condition, sublet to or in the
occupation of another person, if in the estimation of the court a part not
less than seven-eighths or thereabouts in value of the holding, excluding from
such value the value of any buildings erected by the tenant, remains in the
bona fide occupation of the tenant, and if the subletting was made before the
passing of the Land Law (Ireland) Act, 1887, or if it was substantially in
substitution for a letting existing at that date.

Provided that

(i)for the purpose of the foregoing provisions of this section, a breach of
the contract of tenancy shall not be deemed to have taken place if the
landlord waived such breach; and

(ii)the foregoing provisions of this section shall not apply unless the court
think it reasonable to entertain the application having regard to the acreage
of the holding and to any other matter which they think should be taken into
consideration, and the court may entertain the application notwithstanding
that any such house or part of a holding is occupied by a person to whom it
has been sublet in contravention of section two of the
Land Law (Ireland) Act, 1881.

(2) The subletting of any such dwelling-house as is referred to in sub-section
(1)(a) of this section during the continuance of a statutory term or after its
expiration shall not be deemed to be a breach of any statutory condition, nor
shall section two of the Land Law (Ireland) Act, 1881, apply to any such
subletting, whether made before or after the passing of this Act.

(3) Where a part of the property held under one demise is sublet, and the
property was let to the tenant subject to the tenancy of some other person in
the part sublet, the court may, in any case to which sub-section (1) of this
section does not apply, direct that the part so sublet shall thenceforth be,
or if it is an incorporeal hereditament be treated as, a separate holding, and
(unless the application to the court is made on the expiration of a lease)
that the same shall be held during the continuance of the tenancy at such rent
as the court determine to be the proper proportion of the rent reserved by the
demise, and the court may fix a fair rent for the remainder of the property
held under the demise, and the Land Law Acts as amended by this Act shall
apply to that remainder, as if it were a separate holding:

Provided that if the landlord so elect, the court shall, in any case to which
this sub-section applies, order that the tenant of the part so sublet shall be
the tenant of such landlord as his immediate landlord.

Ss.8, 9 rep. by SLR 1950

© 1896 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/lla1896137/s7.html