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Landlords and Tenants in Mid-Victorian Ireland$

W. E. Vaughan

Print publication date: 1994

Print ISBN-13: 9780198203568

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780198203568.001.0001

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(p.272) (p.273) Appendix 17 Compensation under Sections 3, 4, and 7 of the Land Act, 1870

(p.272) (p.273) Appendix 17 Compensation under Sections 3, 4, and 7 of the Land Act, 1870

Source:
Landlords and Tenants in Mid-Victorian Ireland
Publisher:
Oxford University Press

The information tabulated in this Appendix is taken from De Moleyns, Landowner’s Guide (1872), 228, 260–1.

Compensation for disturbance under sections 3 and 7. (Claims for disturbance were made under section 3; claims for good will were made under section 7 (‘where any tenant of a holding does not claim or has not obtained compensation under sections one, two, or three of this act…’).)

Nature of tenancy

For disturbance

For goodwill

(A) Tenancies existing on 1 Aug. 1870

Yearly tenancies existing on 1 Aug. 1870, if valued above £100 per annum

None

Allowed

Valued at or under £100 per annum, if the tenant is disturbed by his immediate landlord

Allowed

Allowed

If disturbed by the head landlord

None

Will depend on the special circumstances of the particular case

Leases for terms greater than yearly ones granted before 1 Aug. 1870

None

Allowed

(B) Tenancies created after 1 Aug. 1870

Yearly tenancies created after 1 Aug. 1870, in holdings valued at or over £50 per annum

Allowed if there is no contract in writing not to claim

Allowed

If valued under £50 per annum

Allowed (contract to forego claim illegal until 1 Jan. 1891)

Allowed

Leases for terms greater than yearly ones after 1 Aug. 1870:

 

 

(a) under 31 years

Allowed

Allowed

(b) for 31 years and upwards

None

Allowed

(p.274) Compensation for Improvements under section 4

Nature of tenancy

Claim for improvements

Observations

(A) Tenancies existing on 1 Aug. 1870

Yearly tenancies existing on 1 Aug. 1870 if no written agreement

Allowed

For all future improvements; but as to improvements made before 1 Aug. 1870, for permanent buildings and reclamation of waste land only; and such other improvements as were made within 20 years before making the claim

If held under a written agreement not expressly excluding the claim for improvements

Allowed

As above

If such claim is expressly excluded

None

No allowance

Where the holding is valued at £50 or upwards and the tenant has contracted in writing not to claim

None

No allowance

Leases granted before 1 Aug. 1870, for less than 31 years [if claims not expressly excluded by lease]

Allowed

As yearly with no written agreement (see above)

Leases granted before 1 Aug. 1870, for 31 years and upwards, or for a life or lives, etc., where the lease shall have existed for 31 years before making the claim [where claim is not expressly excluded by the lease]

Allowed

Limited to permanent buildings, reclamation of waste land, and unexhausted tillages and manures, unless otherwise provided by the lease

(B) Tenancies created after 1 Aug. 1870

Yearly tenancies created after 1 Aug. 1870, valued at £50 or upwards or where the aggregate amount of all the tenants’ holdings in Ireland is of that value

Allowed

Unless the tenant has contracted in writing with his landlord not to claim

Valued under £50 per annum

Allowed

Contract not to claim for improvements required for the suitable occupation of the holding prohibited

Leases granted after 1 Aug. 1870 [valued at £50 or upwards]

Allowed

Unless the tenant has contracted in writing not to claim

Leases, for under 31 years, granted after 1 Aug. 1870 [valued under £50]

Allowed

Contract not to claim prohibited

Leases granted after 1 Aug. 1870, for 31 years and upwards

Allowed

Limited to permanent buildings, reclamation of waste lands, and unexhausted tillages and manures [subject to the power of contracting not to claim for any improvement where the valuation exceeds £50]