Landlord and Tenant Act, 1931

Landlord and Tenant Act, 1931 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1931 Landlord and Tenant Act, 1931 Landlord and Tenant Act, 1931 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 55 of 1931. LANDLORD AND TENANT ACT, 1931. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title. 2. Definitions. 3. Exclusion of certain lands and premises held by local authorities. 4. Construction of references to reversions. 5. The Court for the purposes of this Act. 6. Tenancies under the Increase of Rent and Mortgage Interest (Restrictions) Acts. 7. Regulations. 8. Expenses. 9. Repeal. PART II. Compensation for Improvements. 10. Compensation for improvements. 11. Measure of compensation for improvements. 12. Notices in relation to the making of an improvement. 13. Works required by a sanitary authority. 14. Execution of improvement in absence of objection. 15. Rights of parties on service of improvement undertaking. 16. Rights of parties on service of improvement objection. 17. Restrictions on right to compensation for improvements. 18. Improvement certificates. PART III. Right to New Tenancy. 19. Application of this Part of this Act. 20. Right of tenant to new tenancy. 21. Restrictions on the right to new tenancy. 22. Compensation for disturbance in certain cases. 23. Measure of compensation for disturbance. PART IV. General Provisions in Relation to Relief Under Foregoing Parts of this Act. 24. Notice of intention to claim relief. 25. Application to the Court for relief. 26. Valuation of improvement by Commissioner of Valuation. 27. Provisions in relation to applications for a new tenancy. 28. Offer by landlord of new tenancy in lieu of compensation. 29. Fixing of terms of new tenancy by the Court. 30. Assistance of the Court by the Commissioner of Valuation under Part IV. 31. Mutual rights where landlord has no reversion. 32. Mutual rights where landlord has a nominal reversion. 33. Mutual rights where landlord has a short reversion. 34. Mutual rights on terminatin of landlord's tenancy. 35. Continuation of existing tenancies. 36. Time for payment of compensation. 37. Payment of compensation where tenancy is mortgaged. 38. Right of tenant to continue in occupation pending decision. 39. Tenancy terminated before passing of this Act. 40. Right of tenant to information. 41. Rights of entry and inspection. 42. Restriction on contracting out. 43. Application of the Settled Land Acts. 44. Protection of landlords in fiduciary capacities. 45. Extension of times limited by this Act. PART V. Special Provision in Relation to Building Leases. 46. Building leases and proprietary leases. 47. Right to reversionary lease. 48. Terms of reversionary lease. 49. Assistance of the Court by the Commissioner of Valuation under Part V. 50. Restrictions on the right to a reversionary lease. 51. Rights of sub-lessees where building lease is terminated by ejectment or re-entry. 52. Applications to the Court. 53. Right of reversionary lessee to continue in occupation. 54. Persons bound to grant reversionary lease. PART VI. Covenants in Leases. 55. Damages for breach of covenants to repair. 56. Covenants against alienation. 57. Covenants restrictive of user. 58. Covenants against making improvements. 59. Consent of lessor who cannot be found. PART VII. Miscellaneous. 60. Grant of building leases by the Court. 61. Right of set-off against rent in certain cases. 62. Amendment of section 6 of the Settled Land Act, 1882. 63. Service of notices. Act Referred to Courts of Justice Act, 1924 No. 10 of 1924 Number 55 of 1931. LANDLORD AND TENANT ACT, 1931. AN ACT TO MAKE PROVISION FOR THE FURTHER IMPROVEMENT AND AMELIORATION OF THE POSITION OF TENANTS IN URBAN AREAS AND CERTAIN OTHER TENANTS AND FOR THAT PURPOSE TO AMEND THE LAW RELATING TO COMPENSATION FOR IMPROVEMENTS MADE BY SUCH TENANTS AND TO DISTURBANCE OF SUCH TENANTS, TO FACILITATE THE GRANTING OF BUILDING LEASES, AND TO MAKE OTHER PROVISIONS IN RELATION TO LANDLORDS AND TENANTS IN URBAN AREAS. [22nd December, 1931.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Preliminary and general. Short title. 1.—This Act may be cited as the Landlord and Tenant Act, 1931. Definitions. 2.—In this Act— the word “tenement” means land or premises complying with all the following conditions, that is to say:— (a) it either— (i) is situate in an urban area and consists either of land covered wholly or partly by buildings or of a defined portion of a building, or (ii) is situate elsewhere than in an urban area and consists of land not exceeding one statute acre in area and having a house thereon, and (b) if it consists of land covered in part only by buildings, the portion of such land not so covered is subsidiary and ancillary to such buildings, and (c) it is held by the occupier thereof under a lease or other contract of tenancy express or implied or arising by virtue of a statute, and (d) such contract of tenancy is not a letting which is made and expressed to be made for the temporary convenience of the lessor or of the lessee and (if made after the passing of this Act) stating the nature of such temporary convenience, and (e) such contract of tenancy is not a letting made for or dependent on the continuance of the tenant in any office, employment, or appointment; the expression “urban area” means an area which is either a county or other borough, an urban district, a town, or a village; the word “tenant” means the person for the time being entitled to the occupation of a tenement and, where the context so admits, includes a person who has ceased to be entitled to such occupation by reason of the termination of his tenancy; the word “landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a tenement by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of his tenancy; the expression “superior landlord” means a person entitled in possession to a tenement by a tenure superior, whether mediately or immediately, to the tenure of the landlord of such tenement; the expression “predecessors in title” when used in relation to a tenant means and includes all previous tenants of the tenement of such tenant under the same tenancy as such tenant or any tenancy of which such tenancy is or is deemed to be a continuation or renewal, and the said expression when used in relation to a landlord means and includes all previous landlords of the tenement of such landlord; the word “lease” means an instrument in writing, whether under or not under seal, containing a contract of tenancy in respect of any land in consideration of a rent or return and shall include a fee farm grant; the word “lessee” shall, where the context so admits, be construed as including the executors, administrators, and assigns of the lessee; the word “lessor” shall, where the context so admits, be construed as including the heirs, executors, administrators, and assigns of the lessor; the word “improvement” when used in relation to a tenement means any addition or alteration to the buildings comprised in such tenement and includes any structure erected on such tenement which is ancillary or subsidiary to the said buildings and also includes the installation in the tenement of conduits for the supply of water, gas, or electricity, but does not include work consisting only of repairing, painting, and decorating, or any of them; the word “business” means any trade, profession, or business carried on for gain or reward; the expression “compensation under this Act” shall be construed as equivalent to the expression “compensation for improvements and compensation for disturbance or either of them”; the expression “relief under this Act” shall be construed as equivalent to the expression “compensation for improvements or a new tenancy under Part III of this Act”; the word “prescribed” means prescribed by regulations made by the Minister for Justice under this Act; except in Part V of this Act, the expression “building lease” means a lease made partly in consideration of the lessee having erected or agreed to erect permanent buildings, whether new or additional, on the demised premises. Exclusion of certain lands and premises held by local authorities. 3.—Where the buildings on any land or premises were or are provided by a local authority under the Housing of the Working-Classes (Ireland) Acts, 1890 to 1921, or the Labourers (Ireland) Acts, 1883 to 1930, the following provisions shall have effect, that is to say:— (a) if such land or premises is or are held by such local authority in fee simple, this Act shall not apply in respect of such land or premises; (b) if such land or premises is or are held by such local authority under a lease, such local authority shall be deemed for the purposes of this Act to be the tenant of such land or premises and to be in exclusive occupation thereof. Construction of references to reversions. 4.—(1) References in this Act to the reversion of a landlord as a period of time shall be construed as referring to the length of time by which the unexpired term for which such landlord holds the relevant tenement exceeds the term for which the tenant holds such tenement. (2) References in this Act to the reversion of a superior landlord as a period of time shall be construed as referring to the length of time by which the unexpired term for which such superior landlord holds the relevant tenement exceeds the term for which his immediate lessee holds such tenement. The Court for the purposes of this Act. 5.—(1) In this Act the expression “the Court” means the Circuit Court. (2) The jurisdiction conferred by this Act on the Circuit Court shall be exercised by the Judge of that Court for the time being assigned to the Circuit in which is situate the tenement or other land in relation to which such jurisdiction is exercised. (3) The Minister may, after consultation with the committee mentioned in section 65 of the Courts of Justice Act, 1924 (No. 10 of 1924), make rules of court for the purposes of this Act and, in particular, for regulating the practice and procedure under this Act. (4) Every rule of court made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within the next twenty-one days on which such House has sat after such rule is laid before it, pass a resolution annulling such rule, such rule shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. (5) Unless and until otherwise provided by rules of court, all applications under this Act to the Court shall be made by originating or interlocutory (as the case may require) notice of motion. (6) Section 61 (which relates to appeals from the Circuit Court in civil cases) of the Courts of Justice Act, 1924 (No. 10 of 1924), shall apply to every order made by the Court under this Act and accordingly an appeal shall lie under and in accordance with that section from every such order, and a court hearing any such appeal shall have all the powers conferred by this Act on the Court. Tenancies under the Increase of Rent and Mortgage Interest (Restrictions) Acts. 6.—Where a person retains possession of a tenement by virtue of the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, the tenancy arising by virtue of those Acts on such retention shall, for the purposes of this Act (whether such retention began before or after the passing of this Act), be deemed to be a continuation of the tenancy on the termination of which such retention began. Regulations. 7.—The Minister for Justice after consultation with the President of the Incorporated Law Society of Ireland may by order make regulations prescribing any form, matter, or thing which is in this Act referred to as prescribed or to be prescribed. Expenses. 8.—All expenses incurred by the Minister for Finance, the Minister for Justice, or the Commissioner of Valuation and Boundary Surveyor in the execution of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Repeal. 9.—The Town Tenants (Ireland) Act, 1906, is hereby repealed. PART II. Compensation for Improvements. Compensation for improvements. 10.—(1) Subject to the provisions of this Act, a tenant of a tenement shall be entitled, on quitting such tenement on the expiration (otherwise than by surrender or ejectment for nonpayment of rent) of his tenancy therein, to be paid by the landlord of such tenement compensation (in this Act referred to as compensation for improvements) in accordance with this Act for every improvement made on such tenement by such tenant or any of his predecessors in title (whether before or after the passing of this Act) which, at the termination of such tenancy, adds to the letting value and is suitable to the character of such tenement. (2) Subject to the provisions of this Act, a landlord of a tenement who holds such tenement under a lease or other contract of tenancy shall be entitled, on giving up possession of such tenement on the expiration of his lease or tenancy therein, to be paid by his immediate superior landlord compensation (in this Act included in the expression compensation for improvements) for every improvement which was made (whether before or after the passing of this Act) on such tenement by a tenant thereof and in respect of which such landlord or any of his predecessors in title has given consideration either by reduction of rent, or by payment of compensation under the Town Tenants (Ireland) Act, 1906, or by payment of compensation for improvements under this Act, or in any other way. Measure of compensation for improvements. 11.—(1) The amount of compensation for improvements in any particular case shall be such sum as may be agreed on between the landlord and the tenant and in default of such agreement shall (subject to the provisions of this section) be the capitalised value of such addition to the letting value of the tenement at the termination of the tenancy as the Court shall determine to be attributable to the improvement which is the subject of such compensation. (2) Where the compensation for an improvement is payable to a tenant by his landlord and the Court is satisfied that such tenant and (where applicable) his predecessors in title or any of them has or have received from the landlord benefits by way of reduction of rent or otherwise in consideration, expressly or impliedly, of such improvement being or having been made, the Court shall deduct from the compensation for such improvement as ascertained under the foregoing sub-section of this section such sum as the Court shall think proper in respect of such benefits. (3) Where the compensation for an improvement is payable to a landlord by his superior landlord, the Court shall make such deduction (if any) from such compensation as ascertained under the first sub-section of this section as the Court shall think proper in respect of benefits received by such landlord and (where applicable) his predecessors, in title or any of them by way of increased rent or otherwise on account of such improvement. (4) The capitalised value for the purposes of this section of an addition to the letting value of a tenement shall be fixed by the Court having regard to the probable duration of such addition, the probable life of the improvement, and all other relevant circumstances, but shall not in any case exceed fifteen times the annual amount of such addition. Notices in relation to the making of an improvement. 12.—(1) Where the tenant of a tenement proposes to make an improvement to such tenement he may serve on his landlord a notice (in this Act referred to as an improvement notice) in the prescribed form and consisting of the following documents, that is to say:— (a) a statement in the prescribed form of the intention to make such improvement, and (b) plans and a specification of such improvement, and (c) an estimate, verified by an architect, surveyor or building contractor, of the cost of making such improvement. (2) Where an improvement notice is served on the landlord of a tenement, such landlord may, within two months after such service, serve on the tenant of such tenement any one but not more than one of the following notices, that is to say:— (a) a notice (in this Act referred to as an improvement consent) in the prescribed form consenting to the making of such improvement; or (b) a notice (in this Act referred to as an improvement undertaking) in the prescribed form undertaking to execute such improvement in consideration of either (as such landlord shall state in such notice) a specified increase of rent or an increase of rent to be fixed by the Court; or (c) a notice (in this Act referred to as an improvement objection) in the prescribed form objecting to such improvement on grounds specified in such notice. (3) Where a landlord on whom an improvement notice has been served holds the tenement in relation to which such notice was served either under a lease for a life or lives in being (either without a term of years or with a concurrent term of which less than twenty-five years are unexpired) or under a lease for a term of which less than twenty-five years are unexpired at the date of the service of such notice or under a tenancy from year to year or any lesser tenancy, such landlord shall, within one month after the service of such improvement notice on him, serve such improvement notice or a copy thereof on his immediate superior landlord, and such immediate superior landlord may, within two months after the date of the service of such improvement notice by the tenant on the landlord, serve on the landlord and on the tenant either an improvement consent or an improvement objection. (4) Every superior landlord on whom an improvement notice or a copy thereof is served under this section (including this sub-section) and who holds the tenement to which such notice relates under a lease of which less than twenty-five years are unexpired at the date of such service or under a tenancy from year to year or any lesser tenancy, shall within one week after such service serve such improvement notice (or such copy thereof) or a copy thereof on his next superior landlord, and such next superior landlord shall have the like right of serving an improvement consent or an improvement objection as such first-mentioned superior landlord has under this section (including this sub-section). (5) Every improvement notice or copy of an improvement notice which is served under this section on a superior landlord shall have endorsed thereon a statement of the date on which such improvement notice was served on the landlord of the tenement to which such notice relates. Works required by a sanitary authority. 13.—(1) Where a sanitary authority serves under the Public Health Acts, 1878 to 1931, or the Housing of the Working Classes (Ireland) Acts, 1890 to 1921, a notice on the tenant of a tenement requiring the execution by such tenant of any work which is an improvement within the meaning of this Act, such tenant shall, within three days after the service of such notice on him, serve on the landlord of such tenement a notice in writing (in this Act referred to as a sanitary work notice) stating the fact of the service of such notice by such sanitary authority and stating the material portions of such notice. (2) Where a sanitary work notice is served on the landlord of a tenement such landlord may, within three days after such service, serve on the tenant of such tenement a notice (in this Act referred to as a sanitary work undertaking) in the prescribed form undertaking to execute such work in consideration of either (as such landlord shall state in such notice) a specified increase of rent or an increase of rent to be fixed by the Court. (3) Whenever the landlord of a tenement has served under and in accordance with this section a sanitary work undertaking on the tenant of such tenement the following provisions shall have effect, that is to say:— (a) the service of such undertaking shall have the same effect as the service on such tenant of an improvement undertaking, and the provisions of this Act in relation to an improvement undertaking shall apply accordingly; and (b) such tenant may serve on the sanitary authority a copy of such sanitary work undertaking and thereupon the obligation to comply with the notice served by the sanitary authority and the liability for failure to comply with such notice shall be transferred to and become and be the obligation and liability of such landlord in exoneration of such tenant. (4) Where a tenant has served a sanitary work notice on his landlord and such landlord has not, within three days after such service, served on such tenant a sanitary work undertaking in respect of such sanitary work notice, such tenant shall be entitled to execute as an improvement the work mentioned in the notice the service of which by the sanitary authority occasioned the service of such sanitary work notice. Execution of improvement in absence of objection. 14.—(1) Where a tenant has served an improvement notice on his landlord and such landlord has not, within two months after such service, served on such tenant an improvement undertaking in respect of such improvement notice and neither such landlord nor any superior landlord has, within such two months, served on such tenant an improvement objection in respect of such improvement notice, the tenant shall be entitled to execute at any time within one year after such service (whether an improvement consent has or has not been served by such landlord or superior landlord) the improvement specified in such improvement notice in accordance in all respects with such notice. (2) References in this Act to a tenant being entitled on consent to execute an improvement shall be construed as referring to such tenant being entitled under this section to execute such improvement. Rights of parties on service of improvement undertaking. 15.—Where a tenant has served an improvement notice on his landlord and such landlord has, within two months after such service, served on such tenant an improvement undertaking in respect of such improvement notice and no superior landlord has within such two months, served on such tenant an improvement objection in respect of such improvement notice, the following provisions shall have effect, that is to say:— (a) such tenant may, by notice in writing served on such landlord within fourteen days after the service of such improvement undertaking, either accept such improvement undertaking, or withdraw the improvement notice served by him, or, where such improvement undertaking specifies an increase of rent, object to the amount of such increase; (b) where such tenant does not within the said fourteen days serve any notice under the foregoing paragraph or such tenant duly accepts such improvement undertaking, such landlord shall, as soon as may be, and in any case not later than six months after the expiration of such fourteen days, execute and complete at his own expense and in accordance with such improvement undertaking the improvement mentioned therein and may for that purpose enter on the tenemcnt at all reasonable times and there do all things necessary for or incidental to the execution of such improvement; (c) if such tenant duly withdraws in accordance with this section the improvement notice served by him, such notice shall for all purposes be deemed never to have been served; (d) where such tenant duly objects in accordance with this section to the amount of the increase of rent specified in such improvement undertaking, then— (i) such landlord and such tenant may either fix by agreement the amount of such increase of rent or agree that the amount of such increase of rent shall be fixed by the Court, and thereupon such improvement undertaking shall have effect in accordance with such agreement and be deemed to have been duly accepted in accordance with this section by such tenant, or (ii) either such landlord or such tenant may apply to the Court and upon the hearing of such application the Court may, as it shall think proper, either fix the amount of such increase of rent or deem such improvement undertaking to be an improvement objection and deal with it accordingly or make such other order as justice may require; (e) where such improvement undertaking is by its terms or by subsequent agreement, made subject to an increase of rent of an amount to be fixed by the Court, such landlord or such tenant may, when the improvement has been duly executed by such landlord, apply to the Court to fix the amount of such increase of rent and thereupon the Court shall fix such amount accordingly; (f) upon the completion of such improvement by such landlord in accordance with such improvement undertaking and this section, the rent payable by such tenant to such landlord shall, as from the date of such completion, be increased in accordance with such undertaking or the order of the Court (as the case may be), and any dispute as to the amount or commencement of or otherwise in relation to such increase shall be determined by the Court on the application of such landlord or such tenant; (g) where such landlord is bound under this section to execute the improvement in accordance with such improvement undertaking but fails or neglects to execute and complete such improvement within the time limited in that behalf by this section such tenant may apply to the Court and the Court may make such order in the matter as justice may require. Rights of parties on service of improvement objection. 16.—(1) Where a tenant has served an improvement notice on his landlord and either such landlord or a superior landlord has, within two months after such service, served on such tenant an improvement objection in respect of such improvement notice, such tenant may save as is otherwise provided in this section, within one month after the service of such improvement objection, either— (a) by notice in writing served on such landlord or on such landlord and such superior landlord (as the case may require) withdraw such improvement notice, or (b) apply to the Court under this section. (2) Where a tenant has served an improvement notice on his landlord and either such landlord or a superior landlord has, within two months after such service, served on such tenant an improvement objection in respect of such improvement notice, then, unless such tenant either holds the tenement to which such notices relate under a lease or other contract of tenancy granted for a term of more than five years or for a life or lives or such tenant and his predecessors in title have been in occupation of such tenement for more than five years, the said improvement objection shall be final and it shall not be lawful for such tenant to make the improvement which is the subject of such improvement objection. (3) Where a tenant duly withdraws, in accordance with this section, an improvement notice, such notice shall for all purposes be deemed never to have been served. (4) Where a tenant applies to the Court under this section and the Court is satisfied— (a) that the improvement which is the subject of such application is of such character as to be calculated to add to the letting value of the tenement, and (b) is suitable to the character of such tenement, and (c) is not calculated to injure the amenity or convenience of the neighbourhood, the Court may make an order (in this Act referred to as an improvement order) authorising such tenant to make such improvement in accordance with the said improvement notice either without modification or with such modifications as the Court shall think proper to specify in such order and, if the Court so thinks fit, specifying a time within which such improvement shall be completed. (5) Where, on an application to the Court under this section, it appears that the improvement objection the subject of the application was served by a superior landlord and that the landlord duly served an improvement undertaking and the Court is satisfied that but for this sub-section an improvement order should be made, the Court may, in lieu of making an improvement order, authorise such landlord to execute the improvement in accordance with such improvement undertaking subject to such (if any) modifications as the Court may think proper to make in such undertaking. (6) The court shall not make an improvement order until it is satisfied that all interested parties have notice of the proceedings. (7) Where an improvement order has been made and the tenant fails or neglects to execute and complete in accordance with such order the improvement thereby authorised within the time limited in that behalf by such order or, where no such time is so limited, within a reasonable time, the landlord or any superior landlord may apply to the Court and on the hearing of such application the Court may make such order as justice may require. Restrictions on right to compensation for improvements. 17.—(1) The tenant of a tenement to which the Town Tenants (Ireland) Act, 1906, applied immediately before the passing of this Act shall not be entitled to compensation for improvements in respect of an improvement made on such tenement on or after the 1st day of January, 1907, and before the passing of this Act and in respect of which compensation could be awarded under the Town Tenants (Ireland) Act, 1906, and in respect of which such tenant is precluded by sub-section (3) of section 3 from claiming compensation under that Act. (2) A tenant shall not be entitled to compensation for improvements in respect of an improvement made before the passing of this Act on a tenement in contravention of the lease or other contract of tenancy under which such tenement was held. (3) A tenant shall not be entitled to compensation for improvements in respect of an improvement made after the passing of this Act unless— (a) an improvement notice was duly served in accordance with this Act in relation to such improvement, and (b) the tenant by whom such notice was so served became entitled under this Act to execute such improvement either on consent or by virtue of an improvement order, and (c) such improvement was duly executed in accordance (as the case may be) with such improvement notice and this Act or with such improvement order. (4) A landlord shall not be entitled to compensation for improvements in respect of an improvement made after the passing of this Act in relation to which the improvement notice (or a copy thereof) served by the tenant in respect of such improvement was not duly served on the superior landlord in accordance with this Act. (5) Neither of the two next foregoing sub-sections of this section shall apply in respect of an improvement which is a work executed in pursuance of an order of a sanitary authority under the Public Health Acts, 1878 to 1931, or the Housing of the Working Classes (Ireland) Acts, 1890 to 1921, but a tenant shall not be entitled to compensation in respect of such work unless such tenant has served on his landlord a sanitary work notice in respect of such work and has become entitled under this Act to execute such work as an improvement: provided that the failure to serve such notice shall not deprive a tenant of his right (if any) to compensation in respect of such work if such tenant satisfies the Court that his landlord did not suffer any loss or damage by reason of such failure. (6) The landlord of a tenement to which the Town Tenants (Ireland) Act, 1906, applied immediately before the passing of this Act shall not be entitled to compensation for improvements in respect of an improvement made on such tenement on or after the 1st day of January, 1907, and before the passing of this Act in respect of which he would be precluded by section 4 of the Town Tenants (Ireland) Act, 1906, from claiming compensation under that Act. Improvement certificates. 18.—(1) Where— (a) a tenant has duly served an improvement notice and no improvement undertaking or improvement objection is duly served in respect of such notice and such tenant executes and completes in accordance with such notice the improvement mentioned therein within one year from the service of such notice, or (b) a tenant duly executes an improvement in accordance with an improvement order and completes such improvement within the time limited in that behalf by such order or, where no such time is so limited, within a reasonable time, the landlord of such tenant shall, on the application of such tenant within six months after the completion of such improvement, give to such tenant a certificate (in this Act referred to as an improvement certificate) in writing in the prescribed form certifying that such improvement has been duly completed in accordance with such improvement notice or improvement order, as the case may be. (2) Where a tenant has duly applied under this section to his landlord for an improvement certificate and such landlord does not give such certificate to such tenant within one month after such application, such tenant may apply to the Court, and on the hearing of such application the Court may make such order as justice shall require, including an order declaring that such improvement was duly made in accordance with the improvement notice or improvement order, as the case may be. (3) An improvement certificate shall, as against the landlord by whom it is given and every of his successors in title, be conclusive evidence that the improvement mentioned in such certificate was duly executed and completed by the tenant to whom such certificate is given and that all relevant provisions of this Act or any order or notice thereunder were duly complied with by such tenant in respect of such improvement. (4) Where the tenant of a tenement executes work on such tenement in pursuance of an order of a sanitary authority under the Public Health Acts, 1878 to 1931, or the Housing of the Working Classes (Ireland) Acts, 1890 to 1921, and such work is an improvement within the meaning of this Act, such tenant shall not be entitled to an improvement certificate under the foregoing provisions of this section in respect of such improvement, but shall be entitled to obtain from such sanitary authority, within six months after the due completion of such work in accordance with such order, a certificate (in this Act referred to as a sanitary improvement certificate) in writing in the prescribed form certifying that such work was executed in pursuance of and completed in accordance with an order of such sanitary authority. (5) A sanitary improvement certificate shall, as against the landlord of the tenement to which it relates, be prima facie evidence of the matters which such certificate purports to certify. (6) A landlord or sanitary authority to whom an application for an improvement certificate or sanitary improvement certificate (as the case may be) is made under this section may demand, as a condition of the giving of such certificate, the payment to him or them by the tenant by whom such application is made of the expenses, calculated according to the prescribed scale, incurred by him or them in relation to the giving of such certificate. PART III. Right to New Tenancy. Application of this Part of this Act. 19.—(1) On the termination within the meaning of this section of a tenancy in a tenement, this Part of this Act shall apply to such tenement if such tenement complies with any one of the following conditions, that is to say:— (a) such tenement was, during the whole of the three years next preceding the termination of such tenancy, bonafide used by the tenant for the time being thereof wholly or partly for the purpose of carrying on a business and, immediately before such termination, either was held by the tenant thereof under a tenancy from year to year or under a lease or other contract of tenancy for a term of not less than one year or a lease for a life or lives or had been for not less than seven years continuously in the occupation of the person who was the tenant thereof immediately before such termination or of his predecessors in title, or (b) such tenement was, during the whole of the period of thirty years next preceding the termination of such tenancy, continuously in the occupation of the person who was the tenant thereof immediately before such termination or of his predecessors in title and such tenement was not acquired by such tenant or any of his predecessors in title by purchase for valuable consideration within such period of thirty years, or (c) at the termination of such tenancy the reversion of the landlord in the tenement does not exceed three years and such tenement was, during the whole of the period of fifteen years next preceding such termination, continuously in the occupation of the person who was the tenant thereof immediately before such termination or of his predecessors in title, or (d) improvements have been made on such tenement and the tenant would, if this Part of this Act did not apply to such tenement, be entitled to compensation for improvements in respect of such improvements and not less than one-half of the letting value of such tenement at such termination is attributable to such improvements. (2) References in this section to the termination of a tenancy as a point in time shall be construed as referring— (a) in the case of a tenancy terminated by notice to quit, to the date of the service of such notice to quit; and (b) in the case of a tenancy terminating by the expiration of a term of years or other certain period or by any other certain event, to the day which is three months before the expiration of such term or period or the happening of such event; and (c) in the case of a tenancy terminated by the fall of a life or any other uncertain event, to the date on which such event happens. Right of tenant to new tenancy. 20.—Subject to the provisions of this Act, a tenant of a tenement to which this Part of this Act applies shall, on the termination of his tenancy in such tenement, be entitled to a new tenancy in such tenement on such terms as may be agreed upon between such tenant and his landlord or as shall, in default of such agreement, be fixed by the Court. Restrictions on the right to new tenancy· 21.—(1) A tenant shall not be entitled to a new tenancy under this Part of this Act where— (a) his tenancy is terminated by ejectment for non-payment of rent; or (b) his tenancy is terminated by ejectment, notice to quit, or otherwise on account of a breach by such tenant of a condition of such tenancy; or (c) he terminates his tenancy by notice of surrender or otherwise; or (d) his tenancy is terminated by notice to quit given by his landlord for good and sufficient reason; or (e) his tenancy terminated otherwise than by notice to quit and his landlord either refused for good and sufficient reason to renew his tenancy or would, if he had been asked to renew such tenancy, have had good and sufficient reason for refusing so to do. (2) In this section the expression “good and sufficient reason” means a reason which emanates from or is the result of or is traceable to some action or conduct of the tenant and which, having regard to all the circumstances of the case, is in the opinion of the Court a good and sufficient reason for terminating or refusing to renew (as the case may be) the tenancy. Compensation for disturbance in certain cases. 22.—(1) Where it appears to the Court either— (a) that the landlord of a tenement to which this Part of this Act applies bona-fide intends or has agreed to pull down and rebuild or to reconstruct the buildings or any part of the buildings included in such tenement, or (b) that such landlord requires vacant possession of such tenement for the purpose of carrying out a scheme of development of property which includes such tenement, or (c) that for any reason the creation of a new tenancy in such tenement would not be consistent with good estate management, the tenant of such tenement shall not be entitled under this Part of this Act to a new tenancy in such tenement. (2) Where an application for a new tenancy under this Part of this Act is refused on one of the grounds mentioned in paragraph (a) or paragraph (b) of sub-section (1) of this section and the landlord of the tenement to which such application relates 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 landlord shall be guilty of contempt of Court and be punishable accordingly. (3) Where the Court is satisfied— (a) that the tenant of a tenement to which this Part of this Act applies would, but for this section, be entitled under this Part of this Act to a new tenancy in such tenement, and (b) that, during the whole of a period of three years expiring at or within three months before the termination of his tenancy in such tenement, such tenement was used by the tenant for the time being thereof wholly or partly for the purpose of carrying on therein a business, such tenant shall, in lieu of a new tenancy under this Part of this Act, be entitled, on quitting such tenement on the expiration of such tenancy, to be paid by the landlord of such tenement compensation (in this Act referred to as compensation for disturbance) in accordance with this Act. (4) Where compensation for disturbance is awarded under this section to the tenant of a tenement and such compensation is not paid within the time limited in that behalf by this Act, such tenant shall be entitled, after the expiration of the said time so limited and before the payment of such compensation, to renew his application for a new tenancy under this Part of this Act in such tenement, and the foregoing sub-sections of this section shall not apply in respect of such application and the granting of such application shall operate as a discharge of the said award of compensation for disturbance. (5) Where the Court is satisfied— (a) that the tenant of a tenement to which this Part of this Act applies would but for paragraph (a) or paragraph (b) of sub-section (1) of this section be entitled under this Part of this Act to a new tenancy in such tenement, and (b) that the landlord will not require possession of such tenement for the purposes mentioned in the said paragraph (a) or the said paragraph (b) (as the case may be) until after the expiration of a period of at least six months, the Court shall, if such tenant so requests, continue the existing tenancy of such tenant in such tenement until such tenancy is terminated by such landlord for the purposes aforesaid by the service of six months previous notice in writing, but subject to the condition that such continuation of such tenancy shall be without prejudice to the right of such tenant to relief under this Act on such termination of such continued tenancy. Measure of compensation for disturbance. 23.—Where the Court awards to a tenant compensation for disturbance the measure of such compensation shall be the pecuniary loss, damage, or expense which such tenant sustains or incurs or will sustain or incur by reason of his quitting the tenement in respect of which such compensation is awarded and which is the direct consequence of his quitting such tenement. PART IV. General Provisions in Relation to Relief Under Foregoing Parts of this Act. Notice of intention to claim relief. 24.—(1) No claim for relief under this Act shall be maintained unless the claimant shall, within the time hereinafter mentioned, have served on the person against whom such claim is intended to be made notice (in this Act referred to as notice of intention to claim relief) in the prescribed form of his intention to make such claim. (2) Every notice of intention to claim relief shall be served within whichever of the following times is applicable, that is to say:— (a) in the case of a tenancy terminated by notice to quit, after but not more than one month after the service of such notice to quit, or (b) in the case of a tenancy terminating by the expiration of a term of years or other certain period or by any other certain event, not less than three months before the termination of the tenancy, or (c) in the case of a tenancy terminated by the fall of a life or any other uncertain event, within one month after the happening of such event coming to the knowledge of the claimant, or (d) where the tenancy is deemed by this Act to terminate immediately after the passing of this Act, within six months after the passing of this Act. (3) Every notice of intention to claim relief shall state the nature of the relief claimed and, where such relief is a new tenancy, such notice may include a claim in the alternative for compensation under this Act. Application to the Court for relief. 25.—(1) A person who has duly served a notice of intention to claim relief may, at any time not less than two months after theservice of such notice, apply to the Court to determine his right to such relief and (as the case may be) to fix the amount of the compensation or the terms of the new tenancy to which he is found to be entitled. (2) An application to the Court under this section may be made, heard and determined either before and in anticipation of or after the expiration of the tenancy which gives rise to the claim. Valuation of improvement by Commissioner of Valuation. 26.—(1) Where an application is made under this Act to the Court to determine the right of the person (in this section referred to as the applicant) making the application to relief under this Act the following provisions shall have effect, that is to say:— (a) where the applicant claims compensation for improvements as original relief, the applicant shall lodge in the Circuit Court Office with the originating notice of motion or other originating document an improvement statement in duplicate; (b) where the applicant claims a new tenancy as original relief and claims compensation for improvements (with or without compensation for disturbance) as alternative relief and the Court determines that the applicant is not entitled to such original relief, the further hearing of the application shall be adjourned and the applicant shall lodge in the Circuit Court Office an improvement statement in duplicate; (c) every improvement statement lodged in a Circuit Court Office in pursuance of this sub-section shall be in the prescribed form and shall state the prescribed particulars of the improvement or each of the several improvements in respect of which compensation for improvements is claimed; (d) whenever an applicant is required by this sub-section to lodge in the Circuit Court Office an improvement statement, such applicant shall, either before or within three days after such lodgment, furnish a copy of such improvement statement to the landlord or superior landlord from whom such compensation is claimed. (2) Whenever an improvement statement is lodged in the Circuit Court Office in pursuance of this section, the county registrar shall forthwith send one duplicate of such improvement statement to the Commissioner of Valuation and Boundary Surveyor, and upon receipt of such statement the said Commissioner shall cause the tenement in which the improvement or the several improvements mentioned in such statement was or were made to be inspected and a valuation to be made in the prescribed form stating the following matters in respect of such improvement or of each of the several such improvements, that is to say:— (a) an estimate of the addition (if any) to the letting value of the said tenement at the termination of the relevant tenancy which is attributable to such improvement, and (b) the probable duration of such addition, the probable life of the improvement, and any other matter relevant to the calculation of the capitalised value of such addition, and (c) an estimate of the capitalised value of such addition. (3) The said Commissioner shall cause the said valuation to be sent to the county registrar together with a statement of the fee, calculated in accordance with regulations made by the Minister for Finance, payable for such valuation. (4) The applicant shall, on demand by the county registrar, pay to the county registrar the amount of the said fee payable for such valuation and until such fee is so paid no further proceedings shall be had in the matter, but upon payment of such fee the applicant and any other party shall be entitled to obtain from the county registrar a copy of the said valuation upon payment therefor at the rate for the time being chargeable by law for copies of documents obtained from the Circuit Court Office. (5) The Court, in fixing the amount of the said compensation for improvements, shall have regard to the several estimates and statements contained in the said valuation. (6) The fee paid by an applicant for a valuation under this section shall, unless the Court otherwise directs, ultimately be borne in equal shares by the applicant and the person from whom he claims the compensation for improvements in relation to which such valuation was made. (7) Every fee received by a county registrar for a valuation under this section shall be paid by such county registrar into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance shall direct. Provisions in relation to applications for a new tenancy. 27.—Where the relief claimed in an application to the Court under this Act is a new tenancy under Part III of this Act in the tenement to which the application relates the following provisions shall have effect, that is to say:— (a) if the Court finds that the tenant making the application is entitled to such new tenancy the Court shall fix the terms of such new tenancy and shall make an order requiring the landlord of such tenement to grant and such tenant to accept a new tenancy in such tenement accordingly; (b) where the Court makes an order under this section for the grant to a tenant of a new tenancy in a tenement, such tenant shall not be entitled to compensation under this Act in respect of the termination of his previous tenancy in such tenement; (c) if the Court finds that such tenant is not entitled to such new tenancy and the notice of intention to claim relief on which the application is grounded includes a claim in the alternative for compensation under this Act, the Court shall hear and determine the claim for such compensation and, if the Court awards such compensation, shall fix the amount thereof; (d) if the Court finds that such tenant is not entitled to such new tenancy and the notice of intention to claim relief on which the application is grounded does not include a claim in the alternative for compensation under this Act, the Court may on the application of such tenant, if the Court having regard to all the circumstances of the case thinks proper so to do, amend on such terms as the Court thinks proper the said notice of intention to claim relief by inserting therein a claim in the alternative for compensation under this Act and thereupon deal with such claim in accordance with the next preceding paragraph of this section; (e) where the Court makes an order under this section for the grant to a tenant of a new tenancy in a tenement and the landlord or any of the landlords of such tenement cannot be found or is a person under a disability or in a fiduciary capacity or possessed of a limited estate only, the Court may make such order as the Court thinks proper to enable such new tenancy to be granted notwithstanding such impossibility of being found, disability, fiduciary capacity, or limited estate, as the case may be; (f) where the Court makes an order under this section for the grant to a tenant of a new tenancy in a tenement, the landlord of such tenement shall be bound to grant and such tenant shall be bound to accept a lease or other written contract of tenancy creating in such tenement, as from the expiration of the previous tenancy therein, a new tenancy on the terms specified in such order, and if any dispute, failure or question arises or occurs in the carrying out of such order any party concerned may apply to the Court and thereupon the Court may make such order as justice may require. Offer by landlord of new tenancy in lieu of compensation. 28.—(1) Where a tenant has served on his landlord a notice of intention to claim relief which is limited to relief by way of compensation for improvements and such landlord has either a fee simple reversion or a reversion of more than five years in the tenement to which such notice relates, such landlord may, within two months after the service of such notice on him, serve on such tenant a notice in the prescribed form offering to such tenant either (as such landlord shall think proper to specify in such notice) a new tenancy in such tenement on terms specified in such notice or a new tenancy in such tenement on terms to be fixed by the Court. (2) Where a landlord serves on his tenant a notice under the foregoing sub-section of this section offering to such tenant a new tenancy on terms specified in such notice, the following provisions shall have effect, that is to say:— (a) the tenant may, within one month after the service of such notice, serve on such landlord a notice in the prescribed form accepting such new tenancy; (b) if the tenant serves a notice under the foregoing paragraph of this sub-section, such landlord shall forthwith grant and such tenant shall forthwith accept a lease or other written contract of tenancy creating in the tenement to which such notices relate and as from the expiration of the previous tenancy a new tenancy on the terms specified in the notice served by such landlord; (c) the tenant may, in lieu of serving the notice hereinbefore mentioned serve on the landlord a notice refusing such new tenancy; (d) if the tenant serves a notice under the foregoing paragraph of this sub-section, the tenant may proceed with his application for relief by way of compensation for improvements, but on the hearing of such application the Court may, if it thinks fit and is satisfied that the tenant is entitled to such relief, in lieu of awarding such relief make an order requiring the landlord to grant and the tenant to accept a new tenancy in such tenement on such terms as the Court shall (subject to the provisions of this Act) think proper and shall specify in such order. (3) Where a landlord serves on his tenant a notice under the first sub-section of this section offering to such tenant a new tenancy on terms to be fixed by the Court, the following provisions shall have effect, that is to say:— (a) either the landlord or the tenant may apply to the Court for an order fixing the terms of such tenancy; (b) upon the Court making such order, such landlord shall forthwith grant and such tenant shall forthwith accept a lease or other written contract of tenancy creating in the tenement to which such notices relate a new tenancy on the terms specified in such order. (4) Where a landlord and a tenant are required, by this section or an order made under this section, respectively to grant and accept a new tenancy in a tenement, such tenant shall not be entitled to compensation under this Act in respect of the termination of the previous tenancy in such tenement, without prejudice however to his right to claim compensation under this Act on the termination of the new tenancy. (5) Where a landlord and a tenant are required, by this section or an order made under this section, respectively to grant and accept a new tenancy in a tenement and any dispute, failure, or question arises or occurs in the granting and accepting of such new tenancy, any party concerned may apply to the Court and thereupon the Court may make such order as justice may require. Fixing of terms of new tenancy by the Court. 29.—Where the Court fixes under this Act the terms of a new tenancy, whether such new tenancy is to be granted in pursuance of a provision of this Act or in pursuance of an order of the Court, the following provisions shall have effect, that is to say:— (a) the Court shall fix the duration of such new tenancy; (b) where the landlord holds the tenement in which such new tenancy is created under a lease, the duration of such new tenancy shall not exceed the term of such lease; (c) subject to the next preceding paragraph of this section, the duration of such new tenancy shall not, without the consent of the tenant, be less than a term of twenty-one years and shall not in any case exceed a term of ninety-nine years; (d) the rent payable by the tenant under such new tenancy shall not be less than (as the case may require) the rent payable by the landlord in respect of such tenement or such proportion of the rent payable by the landlord in respect of such tenement and other property as is in the opinion of the Court fairly apportionable to such tenement; (e) subject to the foregoing paragraph of this sub-section, the said rent shall be the difference between the gross rent and the allowance for improvements as hereinafter respectively defined; (f) 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 such tenement, in each case on the basis of vacant possession being given, and in such circumstances that the supply of similar tenements is sufficient to meet the demand and the competition therefor is normal and having regard to the other terms of such tenancy and to the letting values of tenements of a similar character to and situate in the vicinity of such tenement but without regard to any goodwill which may exist in respect of such tenement; (g) the allowance in respect of improvements shall be such proportion of the gross rent as is, in the opinion of the Court, attributable to improvements made by the tenant or his predecessors in title and in respect of which the tenant would have been entitled to compensation for improvements if (as the c …