Page:Public General Statutes 1896.djvu/406

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2. Any enactment prohibiting the resumption of a holding or part of a holding until the expiration of the first statutory term in a tenancy shall not apply where the term began after the of Commencement of this Act, and either the land resumed is demesne land, or the holding is a town park for which a fair rent is fixed by virtue of the this Act.

3.—(1.) On the expiration of a statutory term in a present tenancy shall continue a present tenancy subject to the same rent and conditions (including the statutory conditions) as during the statutory term, until the tenancy is determined, or a new statutory term for the holding begins, and an application to fix a fair rent may be made at any time during such continuance of the tenancy; and no objection to such application shall be allowed which could have been but was not taken upon the application for a previous judicial rent, or being then taken was overruled.

(2.) Where the court on application fix a judicial rent for a holding, the judicial rent and statutory term shall begin from the gale day next after the date of the application, or, if a preceding statutory term is then current, from any later gale day on which that statutory term expires.

(3.) The judicial rent fixed by order of the court for a holding shall, as from the gale day from which it begins, be the rent payable by the tenant of the holding; and where it differs from the previous rent, whether or not a judicial rent, then in respect of the period which may have elapsed since the gale day from which it began, the difference, if the judicial rent so fixed is higher than the previous rent, shall be paid by the tenant, and if the judicial rent so fixed is lower, may, if it has been actually paid by the tenant, be deducted from any rent subsequently payable by him, unless the judicial rent exceeds fifty pounds a year, in which case the difference may be deducted from any rent subsequently payable by him to the landlord to whom such difference has been paid, or to his personal representatives, or where the estate of such landlord has determined may be recovered from such landlord or his personal representatives. Provided that where the judicial rent does not exceed fifty pounds a year, the amount of any deduction made by the tenant may be recovered from the person to whom the difference Was paid, or his personal representatives.

4. In the Case of a tenant who applied to the court under in cases of section sixty of the, on the first occasion on which it sat, to have a fair rent fixed, and who, since making that application, has signed an agreement under sub-section (6) of section eight of the said Act, the statutory term so created shall, where the judicial rent has been received as having accrued due from the gale day next after the day on which the Land Law (Ireland) Act, 1881, came into force, be held for the purpose of an application to fix a fair rent to date from that gale day.