LANDLORD AND TENANT ACT, 1931

39.—Where a tenancy in a tenement terminated before the passing of this Act and the tenant of such tenement, whether a decree in ejectment has been made against such tenant or not, is at the passing of this Act in occupation of such tenement notwithstanding such termination and without having obtained a new tenancy in such tenement, such tenancy shall for the purposes of this Act be deemed to terminate immediately after the passing of this Act and this Act shall apply accordingly.

40 Right of tenant to information.

40.—(1) A tenant of a tenement who has been served with a notice to quit such tenement or whose tenancy in such tenement has expired by the fall of a life or the happening of any other uncertain event or whose tenancy in such tenement will expire by effluxion of time within three months may serve all or any of the following notices, that is to say:—

• (a) on his landlord or the person to whom he pays the rent of such tenement, a notice requiring such landlord or person to inform such tenant of the nature and duration of such landlord's reversion in such tenement and the name and address of the immediately superior landlord (if any) of such landlord;

• (b) on any person whom such tenant reasonably believes to be a superior landlord or the agent of a superior landlord of such tenement, a notice requiring such person to inform such tenant whether such person or any person for whom he is agent has or has not any estate or interest in such tenement, the nature, tenure, and duration of such estate or interest (if any), and the names and addresses of the persons having estates or interests in such tenement immediately superior or immediately inferior to such estate or interest.

• (2) It shall be the duty of any person on whom a notice is served under this section to give or send in writing, within one fortnight after the service of such notice, to the tenant by whom such notice was so served, the information asked for by such notice so far as it is within the possession or procurement of such person.

• (3) Where a tenant has served a notice under this section and the person on whom such notice is so served fails or neglects to give or send in writing to such tenant, within the time limited by this section, such information as he is required by this section so to give or send, such tenant may apply to the Court and on the hearing of such application the Court may make such order as justice may require with a view to compelling such person so to give or send such information.

41 Rights of entry and inspection.

41.—Whenever an improvement notice or a notice of intention to claim relief has been served by a tenant on his landlord, such landlord and every superior landlord on whom such notice or a copy thereof has been served under this Act and every person authorised by such landlord or any such superior landlord shall be entitled to enter at all reasonable times on the tenement to which such notice relates and there to make such inspection and examination and take such measurements as shall be necessary or proper for the determination by such landlord or superior landlord (as the case may be) of the course he will adopt in relation to such notice.

42 Restriction on contracting out.

42.—A contract, whether made before or after the passing of this Act, by virtue of which a tenant would be directly or indirectly deprived of his right to obtain relief under this Act or any particular such relief shall be void.

43 Application of the Settled Land Acts.

43.—(1) The powers of a tenant for life or a person having the powers of a tenant for life under the Settled Land Acts, 1882 to 1890, to make leases other than building leases and mining leases shall extend to and include the making by a landlord of a lease granting a new tenancy which such landlord is required by or under this Part or any preceding Part of this Act to grant, notwithstanding that the duration of such new tenancy exceeds thirty-five years.

• (2) Capital money arising under the Settled Land Acts, 1882 to 1890, may be applied—

• (a) in payment of any sum payable to a tenant in respect of compensation under this Act and any costs, charges, and expenses payable to such tenant in relation to his claim for such compensation; or

• (b) in payment, as for an improvement authorised by the said Acts, of any money expended and costs incurred under and in pursuance of this Act in or about the execution of an improvement; or

• (c) in payment of the costs, charges, and expenses incurred in or in relation to making or opposing an application to the Court under this Act.

• (3) The satisfaction of a claim for compensation under this Act shall be included amongst the purposes for which a tenant for life may raise money under section 18 of the Settled Land Act, 1882.

• (4) Where a landlord liable to pay compensation under this Act is a tenant for life or in a fiduciary position he may require the sum payable in respect of such compensation and all costs, charges, and expenses payable in relation thereto to be paid out of any capital money held on the same trusts as the settled land.

In this sub-section the expression “capital money” includes any personal estate held on the same trusts as the land, and the expression “settled land” includes land held on trust for sale.

44 Protection of landlords in fiduciary capacities.

44.—(1) Where the landlord of a tenement is a person entitled to receive the rents and profits of such tenement as trustee or in any character otherwise than for his own benefit and money is payable by such landlord to the tenant of such tenement in respect of compensation under this Act or in respect of costs, charges, or expenses in relation to such compensation, the following provisions shall have effect, that is to say:—

• (a) such money shall not be recoverable personally against such landlord nor shall he be under any liability to pay such money, but such money shall be a charge on and recoverable only against such tenement and all property, real or personal, held by the landlord on the same trusts or in the same character as such tenement;

• (b) such landlord shall, either before or after having paid such money to such tenant, be entitled to obtain from the Court a charge on such tenement and all property, real or personal, held by him on the same trusts or in the same character as such tenement to the amount of such money and of all costs properly incurred by him in obtaining such charge or raising the amount thereof;

• (c) if such landlord neglects or fails to pay such money to such tenant within one month after such tenant has quitted such tenement, such tenant shall be entitled to obtain from the Court a charge on such tenement and all property, real or personal, held by such landlord on the same trusts or in the same character as such tenement to the amount of such moneys or of so much thereof as is then unpaid and of all costs properly incurred by him in obtaining such charge or in raising the amount thereof.

• (2) Any company now or hereafter incorporated by statute and having power to advance money for the improvement of land may take an assignment of any charge made by the Court under this section, and such company may assign any such charge so assigned to them to any person or persons whatsoever.

45 Extension of times limited by this Act.

45.—Where by or under this Part or any of the foregoing Parts of this Act a period is fixed for the doing of any act or thing, the Court may, either before or after the expiration of such period, extend such period upon such terms as the Court thinks proper.

PART V. Special Provisions in Relation to Building Leases.

46 Building leases and proprietary leases.

46.—(1) In this Part of this Act the expression “building lease” means a lease in respect of which all the following conditions are complied with, that is to say:—

• (a) the land demised by such lease is situate wholly in an urban area;

• (b) there are permanent buildings on such land and the portion of such land not covered by such buildings is subsidiary and ancillary to such buildings;

• (c) such permanent buildings are not an improvement within the meaning of this Act;

• (d) such permanent buildings were erected by the person who, at the time of such erection, was entitled to the lessee's interest under such lease;

• (e) such permanent buildings were not erected in contravention of a covenant, condition, or agreement contained in such lease.

• (2) In this Part of this Act the expression “proprietary lease” means a lease complying with all the following conditions, that is to say:—

• (a) such lease is a sub-lease (whether mediate or immediate) under a building lease; and

• (b) the land demised by such lease is the whole or part of land comprised in such building lease; and

• (c) such lease is made for a term which equals or exceeds whichever of the following periods is the lesser, that is to say, twenty years or two-thirds of the term of such building lease, and which in any case expires at the same time as or not more than five years before the expiration of such building lease; and

• (d) such lease was made partly in consideration of the payment of a sum of money (other than rent) by the lessee to the lessor at or immediately before the grant of such lease or partly in consideration of the expenditure of a sum of money by the lessee on the premises demised by such lease or partly in consideration of both such payment and such expenditure; and

• (e) the said sum of money so paid or expended or the total of the said sums of money so respectively paid and expended (as the case may be) was not less than fifteen times the yearly amount of the rent or the greatest rent reserved by such lease.

47 Right to reversionary lease.

47.—(1) At any time within seven years before the expiration of a building lease, any person in possession of the land or any part of the land comprised in such lease and holding the same under such building lease or under a proprietary lease shall, subject to the provisions of this Part of this Act and on obtaining the consent (if any) required by this section, be entitled to obtain from the person in receipt (otherwise than as agent for another) of the rent reserved by such building lease a reversionary lease on the terms fixed by or under this Part of this Act of the said land so possessed and held by him as aforesaid.

• (2) It shall not be necessary for a person claiming to be entitled under this section to a reversionary lease of land to obtain any consent for the purposes of the foregoing sub-section of this section where either such person is in occupation of the whole of such land or no tenant of such person on such land or any part thereof holds under a proprietary lease.

• (3) Where a person claiming to be entitled under this section to a reversionary lease of land is not exempted by the foregoing sub-section of this section from obtaining any consent for the purposes of the first sub-section of this section, it shall be necessary for such person to obtain for the purposes of the said first sub-section the consent of every tenant and sub-tenant (if any) of such person holding such land or any part thereof under a proprietary lease to the granting of such reversionary lease to such person.

• (4) Where a building lease has expired within five years before the passing of this Act and the lessee thereunder is at the passing of this Act in possession of the land comprised in such building lease either under a yearly tenancy arising by implication from the acts of the parties or as a tenant at will or without obtaining any new tenancy, such lessee and every person in possession of such land or any part thereof under a yearly tenancy which arose on the expiration of a proprietary lease by implication from the acts of the parties shall, during six months after the passing of this Act, severally have the same rights in relation to obtaining a reversionary lease under this Part of this Act as they would respectively have had within seven years before the expiration of such building lease if this Act had then been in force.

48 Terms of reversionary lease.

48.—(1) Where the terms on which a reversionary lease under this Part of this Act is to be granted are settled by the Court, the following provisions shall have effect, that is to say:—

• (a) the duration of such reversionary lease shall be a term of ninety-nine years from the expiration of the building lease to which it is reversionary;

• (b) the rent reserved by such reversionary lease shall not in any case be less than the rent reserved by the said building lease or, where the land comprised in such reversionary lease is part only of the land comprised in the said building lease, such proportion of the said rent reserved by the said building lease as is fairly apportionable to the said land comprised in the said reversionary lease;

• (c) subject to the foregoing paragraph of this sub-section the rent reserved by the said reversionary lease shall be one quarter of the gross rent as hereinafter defined;

• (d) the gross rent shall be the rent which in the opinion of the Court a willing lessee not already in occupation would give and a willing lessor would take for the land comprised in such reversionary lease in each case on the basis of vacant possession being given, and in such circumstances that the supply of similar lands is sufficient to meet the demand and the competition therefor is normal, and having regard to the other terms of such reversionary lease and to the letting values of land of a similar character to and situate in the vicinity of the said land comprised in the said reversionary lease but without having regard to any goodwill which may exist in respect of the said land comprised in the said reversionary lease;

• (e) such reversionary lease shall contain all usual covenants, conditions, and agreements;

• (f) the Court may require the intended lessee to expend a specified sum of money in the execution of repairs to the buildings to be comprised in such reversionary lease and may authorise the postponement of the execution of such reversionary lease until such sum of money has been so expended.

• (2) A reversionary lease granted under this Part of this Act shall be deemed to be a graft on the building lease or the proprietary lease (as the case may be) under which the person to whom such reversionary lease is granted previously held the land comprised in such reversionary lease, and the lessee's interest under such reversionary lease shall be subject to any rights or equities arising from such reversionary lease being such graft.

49 Assistance of the Court by the Commissioner of Valuation under Part V.

49.—(1) Where the Court fixes under this Part of this Act the terms of a reversionary lease the Court may and, if so requested by any party concerned, shall cause to be sent to the Commissioner of Valuation and Boundary Surveyor a request for a valuation, estimate, or statement in respect of any particular matter relevant to the fixing of such terms and may for that purpose adjourn the fixing of such terms.

• (2) Upon receipt of a request under this section, the said Commissioner shall cause such valuation, estimate, or statement as is mentioned in the said request to be prepared and sent to the Court together with a statement of the fee, calculated in accordance with regulations made by the Minister for Finance, payable therefor.

• (3) Any party concerned shall be entitled to obtain from the county registrar a copy of a valuation, estimate, or statement furnished by the said Commissioner to the Court in pursuance of this section, subject to payment therefor at the rate for the time being chargeable by law for copies of documents obtained from the Circuit Court Office.

• (4) The fee payable under this section for a valuation, estimate, or statement sent by the said Commissioner to the Court in pursuance of this section shall be borne and paid to the county registrar by such party or by such parties in such proportions as the Court shall direct and shall be paid by the county registrar into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

• (5) Where a request is sent under this section to the said Commissioner at the request of a party the Court shall in fixing the terms of a reversionary lease have regard to the valuation, estimate or statement furnished by the said Commissioner.

50 Restrictions on the right to a reversionary lease.

50.—(1) Where the person in receipt of the rent reserved by a building lease has, before the 31st day of March, 1931, made a reversionary lease of the land or any part of the land comprised in such building lease, or has on or after the 31st day of March, 1931, made, in pursuance of an enforceable agreement entered into before the 31st day of March, 1931, a reversionary lease of the land or any part of the land comprised in such building lease, no person shall be entitled to obtain under this Part of this Act a reversionary lease of the land or any part of the land comprised in the said reversionary lease so made.

• (2) Where, after the passing of this Act, a lease (in this section referred to as the statutory reversionary lease) of any land is made by way of reversionary lease to a building lease by a person who is bound to make and to a person who is entitled (either with or without obtaining the consent of another person) to obtain under this Part of this Act a lease of such land by way of reversionary lease to such building lease, the following leases shall be void and of no effect, that is to say, every lease which—

• (a) is made after the passing of this Act and either before or after the making of the statutory reversionary lease, and

• (b) comprises the land or any part of the land comprised in the statutory reversionary lease, and

• (c) is made by way of reversionary lease to the said building lease, and

• (d) is made by a person who is bound under this Part of this Act to grant a reversionary lease of the land comprised in such building lease, and

• (e) is made to a person who either is not entitled to obtain under this Part of this Act a reversionary lease of the land or any part of the land comprised in the statutory reversionary lease or (being entitled so to obtain such reversionary lease only on obtaining the consent of the person to whom the statutory reversionary lease is made) did not obtain such consent.

• (3) No person shall be entitled to obtain a reversionary lease under this Part of this Act of the land or any part of the land comprised in a building lease where the person in receipt of the rent reserved by such building lease satisfies the Court either—

• (a) that he bona fide intends, or has agreed to pull down and rebuild or to reconstruct the whole or a substantial portion of the building on the land comprised in such building lease; or

• (b) that he requires vacant possession of such land for the purpose of carrying out a scheme of development of property which includes such land; or

• (c) that for any reason the grant of such reversionary lease would not be consistent with good estate management.

• (4) Where an application for a reversionary lease under this Part of this Act is refused on one of the grounds mentioned in paragraph (a) or paragraph (b) of the next foregoing sub-section of this section and the person objecting to such application on such ground does not within a reasonable time carry out the intention, agreement, or purpose (as the case may be) on account of which such application was refused, such person shall be guilty of contempt of court and be punishable accordingly.

51 Rights of sub-lessees where building lease is terminated by ejectment or re-entry.

51.—Where a building lease is terminated (before the expiration thereof by effluxion of time) by ejectment for non-payment of rent, breach of covenant or otherwise or by the exercise by the lessor of a power of re-entry for breach of a covenant or a condition contained in such building lease, the following provisions shall have effect, that is to say:—

• (a) no sub-lease of the land or any part of the land comprised in such building lease which is an immediate sub-lease under such building lease and is a proprietary lease shall be terminated by such ejectment or re-entry;

• (b) the person who would but for this section become entitled by virtue of such ejectment or re-entry to the possession of the land comprised in such sub-lease shall become and be entitled to the reversion on such sub-lease and to the benefit of the rent reserved by and the covenants and conditions contained in such sub-lease;

• (c) such sub-lease shall become and be a building lease within the meaning of this Part of this Act and this Part of this Act shall apply in relation thereto accordingly.

52 Applications to the Court.

52.—If any dispute, question, or difficulty shall arise in regard to the right of any person to a reversionary lease under this Part of this Act, the terms on which such lease is to be granted, or otherwise in relation to the grant of such lease, any party concerned may apply to the Court and the Court may make such order as justice shall require and, in particular, may fix the terms on which such lease is to be granted.

53 Right of reversionary lessee to continue in occupation.

53.—Where a reversionary lease under this Part of this Act is granted before the expiration of the building lease to which it is reversionary and to a person who is in occupation of the land comprised in such reversionary lease as a sub-tenant (mediately or immediately) of the lessee under such building lease, such person shall be entitled to continue in occupation of such land from the expiration of his said sub-tenancy until the expiration of the said building lease and shall during such occupation be deemed to be tenant on the terms of the said sub-tenancy (so far as applicable) of the person who but for this section would for the time being be entitled to possession and occupation of the said land.

54 Persons bound to grant reversionary lease.

54.—(1) Where a person is entitled under this Part of this Act to obtain a reversionary lease from the person (in this section referred to as the building lessor) in receipt of the rent reserved by a building lease, the building lessor shall be bound to grant such reversionary lease to such person.

• (2) Where a building lessor holds the land of which he is required by this Part of this Act to grant a reversionary lease under a lease for a term which is less than the term for which such reversionary lease is to be granted, the immediate landlord of the building lessor and such (if any) superior landlords as may be necessary shall be bound to join in the granting of such reversionary lease.

• (3) Where a person who is bound by this section to grant or join in granting a reversionary lease is, by reason of his being a trustee, personal representative, or other person having a fiduciary capacity or by reason of his being an infant or by reason of his having only an estate for his life or in tail or other limited estate or by reason of restrictive covenants in the lease under which he holds, incapable in law of granting or joining in granting (as the case may be) such reversionary lease, the Court may, on the application of any party concerned, by order empower such person to grant or join in granting (as the case may be) such reversionary lease.

• (4) Where a person who is bound by this section to grant or join in granting a reversionary lease is an infant, or a person of unsound mind, or cannot be found, or refuses or fails to execute such lease, the Court may, on the application of any person concerned, appoint an officer of the Court to execute such lease for and in the name of the person so bound and thereupon the execution of such reversionary lease by such officer for and in the name of such person shall for all purposes be as effectual as the execution thereof by such person.

PART VI. Covenants in Leases.

55 Damages for breach of covenants to repair.

55.—Where a lease (whether made before or after the passing of this Act) of a tenement contains a covenant or agreement (whether expressed or implied and whether general or specific) on the part of the lessee to put or to keep such tenement in repair during the currency of such lease or to leave or put such tenement in repair at the expiration of such lease and there has been a breach of such covenant or agreement, the following provisions shall have effect, that is to say:—

• (a) the damages recoverable for such breach shall not in any case exceed the amount (if any) by which the value of the reversion (whether mediate or immediate) in such tenement is diminished owing to such breach;

• (b) save where the want of repair is shown to be due, wholly or substantially, to wilful damage or wilful waste committed by the lessee no damages shall be recoverable for such breach if it is shown that, having regard to the age and condition of such tenement, the repairing thereof in accordance with such covenant or agreement is physically impossible or that, having regard to the age, condition, character and situation of such tenement, the repairing thereof in accordance with such covenant or agreement would involve expenditure which is excessive in proportion to the value of such tenement, or that, having regard to the character and situation of such tenement, such tenement could not when so repaired be profitably used or could not be profitably used unless it is re-built, re-constructed or structurally altered to a substantial extent.

56 Covenants against alienation.

56.—(1) Every lease (whether made before or after the passing of this Act) of a tenement which contains a covenant, condition, or agreement absolutely prohibiting or restricting the alienation, either generally or in any particular manner, of such tenement shall have effect as if such covenant, condition, or agreement were a covenant, condition, or agreement either (as the case may be) prohibiting or restricting the alienation, either generally or in any particular manner, of such tenement without the licence or consent of the lessor.

• (2) In every lease (whether made before or after the passing of this Act) of a tenement in which there is contained or in which there is implied by virtue of the Act of the late United Kingdom Parliament passed on the 5th day of May 1826 and entitled “an Act to amend the Law of Ireland respecting the Assignment and Sub-letting of Lands and Tenements”, or by virtue of the foregoing sub-section of this section a covenant, condition, or agreement prohibiting or restricting the alienation, either generally or in any particular manner, of such tenement without the licence or consent of the lessor, such covenant, condition, or agreement shall, notwithstanding any express provision to the contrary, be deemed to be subject—

• (a) to a proviso that such licence or consent shall not be unreasonably withheld, but this proviso shall not preclude the lessor from requiring payment of a reasonable sum in respect of legal or other expenses incurred by him in connection with such licence or consent; and

• (b) where such lease is made for a term of more than forty years and is made in consideration wholly or partially of the erection or the substantial addition to or improvement or alteration of buildings, to a proviso to the effect that, in the case of any alienation of such tenement in contravention of such covenant, condition or agreement effected more than seven years before the end of such term, no such licence or consent shall be required if notice in writing of the transaction is given to the lessor within one month after the transaction is effected; and

• (c) where such alienation would cause a transfer or increase of any rates, taxes, or other burden to or of the lessor, to a proviso that all expenditure incurred by the lessor by reason of such transfer or increase shall be reimbursed by the lessee to the lessor as and when so incurred and shall be recoverable from the lessee by the lessor as rent under such lease.

57 Covenants restrictive of user.

57.—(1) Every lease (whether made before or after the passing of this Act) of a tenement which contains a covenant, condition, or agreement absolutely prohibiting the alteration of the user of such tenement shall have effect as if such covenant, condition, or agreement were a covenant, condition, or agreement prohibiting the alteration of the user of such tenement without the licence or consent of the lessor.

• (2) In every lease (whether made before or after the passing of this Act) of a tenement in which there is contained a covenant, condition, or agreement prohibiting, either expressly or by virtue of the foregoing sub-section of this section, the alteration of the user of such tenement without the licence or consent of the lessor, such covenant, condition, or agreement shall, notwithstanding any express provision to the contrary, be deemed to be subject:—

• (a) to a proviso to the effect that such licence or consent shall not be unreasonably withheld, but this proviso shall not preclude the lessor from requiring payment of a reasonable sum in respect of legal or other expenses incurred by him in connection with such licence or consent; and

• (b) if the alteration does not involve any structural alteration of the tenement, to a proviso that no fine or sum of money in the nature of a fine (other than any sum authorised by this section) nor any increase of rent shall be payable for or in respect of such licence or consent; and

• (c) if the alteration would cause a transfer or increase of any rates, taxes, or other burden to or of the lessor, to a proviso that all expenditure incurred by the lessor by reason of such transfer or increase shall be reimbursed by the lessee to the lessor as and when so incurred and shall be recoverable from the lessee by the lessor as rent under such lease.

58 Covenants against making improvements.

58.—(1) Every lease (whether made before or after the passing of this Act) of a tenement which contains a covenant, condition, or agreement absolutely prohibiting the making of any improvement on such tenement shall have effect as if such covenant, condition, or agreement were a covenant, condition, or agreement prohibiting the making of such improvement without the licence or consent of the lessor.

• (2) In every lease (whether made before or after the passing of this Act) of a tenement in which there is contained a covenant, condition or agreement prohibiting, either expressly or by virtue of the foregoing sub-section of this section, the making of any improvement on such tenement without the licence or consent of the lessor, such covenant, condition, or agreement shall, notwithstanding any express provision to the contrary, be subject to a proviso that such licence or consent shall not be unreasonably withheld, but this proviso shall not preclude the lessor from requiring the payment of a reasonable sum in respect of legal or other expenses incurred by him in connection with such licence or consent.

59 Consent of lessor who cannot be found.

59.—Where a lease (whether made before or after the passing of this Act) of a tenement contains a covenant, condition or agreement prohibiting or restricting the doing by the lessee of any particular thing without the licence or consent of the lessor, and the rent reserved by such lease has not been paid for five or more years, and the lessor is not known to and cannot be found by the lessee, the Court may, on the application of the lessee and after the publication of such (if any) advertisements as the Court shall direct and if, having regard to all the circumstances of the case, the Court thinks fit so to do, authorise the lessee, subject to such (if any) conditions as the Court shall think fit to impose, to do the particular thing so prohibited or restricted by such covenant, condition or agreement, and thereupon it shall be lawful for the lessee to do such particular thing without the licence or consent of the lessor, but subject to and in accordance with the conditions (if any) imposed by the Court.

PART VII. Miscellaneous.

60 Grant of building leases by the Court.

60.—(1) Any person (in this section referred to as the applicant) who desires to obtain a building lease of land (hereinafter referred to as the building ground) situate in an urban area and either has obtained the consent hereinafter mentioned or is hereinafter exempted from obtaining any consent may apply to the Court for a building lease under this section of such land.

• (2) The consent required by the foregoing sub-section of this section to be obtained by the applicant shall be—

• (a) where the occupier of the building ground holds the building ground in fee simple or in fee farm or under a lease for a life or lives in being (either with or without a term of years) or under a lease for a term of which not less than ten years are unexpired on the day on which the application under this section is made, the consent in writing of such occupier; or

• (b) where the occupier of the building ground (whether he is or is not himself the applicant) holds the building ground for a term of which less than ten years are unexpired on the said day or under a yearly tenancy or any lesser tenancy, the consent in writing of the person for the time being in possession of the lowest interest in the building ground which is sufficient to support the grant on the said day of a lease for one hundred and fifty years.

• (3) The applicant shall be exempt from obtaining the consent mentioned in the first sub-section of this section where he is himself the occupier of the building ground and holds the building ground under a lease of which not less than ten years are unexpired on the day on which the application under this section is made.

• (4) The notice of motion or other document originating an application to the Court under this section shall contain a statement of the general character and the number of the buildings proposed to be erected under the building lease for which such application is made.

• (5) Where an application is made to the Court under this section, the Court shall, before proceeding with the hearing of such application, be satisfied that all necessary parties have notice of the application, and for that purpose the Court may direct such inquiries to be made and notices to be served as it shall think proper and in particular may direct any such notice to be served by advertisement.

• (6) Where on the hearing of an application under this section the Court is satisfied, having regard to all the circumstances of the case, that it is reasonable and proper that a building lease should be made under this section of the building ground or any part thereof to the applicant, the Court may direct such building lease to be made accordingly.

• (7) The following provisions shall have effect in respect of every building lease made under this section, that is to say:—

• (a) such lease shall be made for such term, not exceeding one hundred and fifty years, as the Court shall direct, commencing on such date as the Court shall fix;

• (b) such lease shall reserve such rent or rents to such persons as the Court shall direct;

• (c) where the Court so directs, such lease shall be expressed as a lease and a series of reversionary leases;

• (d) such lease shall contain such covenants and conditions (including a covenant by the lessee to erect a building or buildings on the demised premises in accordance with plans approved of by the lessor, or the Court, or otherwise) as the Court shall direct;

• (e) the parties to such lease shall be such persons as the Court shall direct;

• (f) the draft of such lease shall be settled and approved of by the Court;

• (g) the Court may authorise the postponement of the execution of such lease until the building or buildings or a specified part thereof shall have been completed.

• (8) Where a person who is directed by the Court to be a party to a building lease under this section is, by reason of his being a trustee, personal representative, or other person having a fiduciary capacity or by reason of his being an infant or by reason of his having only an estate for his life, or in tail or other limited estate or by reason of restrictive covenants in the lease under which he holds the building ground, incapable in law of being a party to such lease for the purposes directed by the Court, the Court may by order empower such person to be a party to such lease for those purposes and to execute such lease accordingly.

• (9) Where a person who is directed by the Court to be a party to a building lease under this section is an infant, or a person of unsound mind, or cannot be found, or refuses or fails to execute such lease, the Court may appoint an officer of the Court to execute such lease for and in the name of such person, and thereupon the execution, of such lease by such officer for and in the name of such person shall for all purposes be as effectual as the execution thereof by such person.

• (10) For the purposes of and in relation to a building lease under this section, the Court may, if it thinks fit, dispense with the consent or concurrence of the trustees for the purposes of the Settled Land Acts, 1882 to 1890, of any settlement, whether there are or are not any such trustees.

• (11) All costs and expenses of or incidental to an application to the Court under this section and of or incidental to the preparation, execution, and completion of the building lease (if any) made in pursuance of such application shall, unless the Court for special reason otherwise directs, be borne and paid by the applicant.

• (12) This section shall not apply to any land which is vested in or held in trust by any local or public authority (otherwise than as tenants thereof) for the purposes of their powers and duties as such or is held by any corporation for the purposes of a railway, tramway, dock, canal, water, gas, electricity or other public undertaking.

61 Right of set-off against rent in certain cases.

61.—(1) Where the landlord of a tenement fails or neglects to execute repairs to such tenement which he is bound by covenant, agreement, or otherwise by law to execute and has been called upon by the tenant of such tenement to execute, and such tenant executes such repairs at his own expense, such tenant may—

• (a) where the amount expended by him in the execution of such repairs is equal to or less than the amount of the next gale of the rent of such tenement accruing due after such expenditure, set-off the amount so expended, so far as it will extend, against such gale of rent, or

• (b) where the amount so expended by such tenant exceeds the amount of such gale of rent, set-off the amount so expended against such gale of rent and every succeeding gale of such rent until by means of such set-off the amount so expended is repaid to such tenant.

• (2) Where a set-off is made under this section against the whole or part of a gale of rent, the landlord entitled to receive such rent shall, on receiving evidence of the expenditure of the amount so set-off, be bound to give the like receipt for such gale of rent as he would be bound to give if such gale or the whole of such gale had been paid in money.

62 Amendment of section 6 of the Settled Land Act, 1882.

62.—The powers of granting building leases conferred on a tenant for life by section 6 of the Settled Land Act, 1882, shall, in the case of land situate in an urban area, be extended so as to authorise the grant of building leases of such land for any term not exceeding one hundred and fifty years.

63 Service of notices.

63.—(1) Any notice or other document required or authorised by this Act to be served by a tenant on his landlord may be so served by sending the same by prepaid post addressed to the person to whom such tenant pays the rent of the tenement to which such notice or document relates at the place at or to which he pays or sends such rent.

• (2) Any notice or other document required or authorised by this Act to be served on a tenant may be so served by sending the same by prepaid post addressed to such tenant at the tenement to which such notice or document relates.