Page:Public General Statutes 1896.djvu/405

1896.

(2.) Nothing contained in the First Schedule to this Act shall Part I. affect the construction of any other portion of this Act.

(3.) No rent shall be allowed or made payable in respect of an improvement made by the tenant on a holding by reason only of the work constituting such improvement not being suitable to the holding.

(4.) For the purpose of the Land Law Acts, as amended by this Act, a tenant shall be deemed to have been fully paid or compensated for every improvement made by him in pursuance of a contract entered into for valuable consideration.

(5.) For the purpose of the Land Law Acts, as amended by this Act, a tenant shall not be deemed to have been paid or compensated for any improvement not made in pursuance of a contract entered into for valuable consideration, except to the extent to which the court, having regard to all the circumstances of the case, are of opinion that valuable consideration has been given by the landlord in respect of the improvement.

(6.) A contract by a tenant not to claim, on quitting his holding, compensation for any improvement made by him shall not authorise the allowance of any rent in respect of any improvement except to the extent to which the courts having regard to all the circumstances of the case, are of opinion that valuable consideration has been given by the landlord in respect of the entering into that contract

(7.) Section four of the Landlord and Tenant (Ireland) Act, 1870, shall not authorise the allowance of any rent is respect of any improvement, provided that rent may be allowed in respect of an improvement made by the tenant, if made twenty years before the passing of the said Act, and not being a permanent building or reclamation of waste land.

(8.) For the purpose of this section valuable consideration shall not be held to have been given by reason of the mere letting of the land on lease or otherwise, or the mere enjoyment by the tenant of any improvement where the rent of the holding was not fixed, reduced, abated, or, after the improvement was made, allowed to remain unaltered with the object of recouping the tenant for his expenditure of capital and labour in making the improvement, and in the case of an improvement made in pursuance of a contract entered into for valuable consideration, such object shall be implied where not expressed.

(9.) In assessing the fair rent of any holding no deduction shall be made, except such deductions as shall be specified and accounted for in the said schedule, and are in accordance with the provisions of the Land Law Acts.

(10.) Sub-sections (2) and (4) of section five of the Landlord and Tenant (Ireland) Act, 1870, and in the case of sales after the passing of the Landlord and Tenant (Ireland) Act, 1870, sub-section (1) of the same section shall not have effect in the case of applications to fix a fair rent.