Page:Public General Statutes 1896.djvu/408

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the landlord in the holding will be injuriously affected thereby otherwise than by the mere fixing of a fair rent.

(4.) Nothing in this section shall extend to any holding in respect of which a judicial rent has been fixed before the commencement of this Act.

6. In the construction of section nine of the Land Law (Ireland) Act, 1887, the word "agricultural" shall be construed to mean agricultural or pastoral, or partly agricultural and partly pastoral Provided that this section shall not entitle a person to have a fair rent fixed who is not bona fide using the holding as an ordinary farm.

7.—(1.) For the purpose of the Land Law Acts, the tenant of a holding shall be deemed to be in bona fide occupation thereof notwithstanding—


 * (a) that any dwelling-house on the holding, not being the dwelling in which the tenant for the time being resides, and not having been erected by the tenant in breach of his contract of tenancy or of a statutory condition, is sublet to or in the occupation of another person; or


 * (b) that any other part of the holding is, otherwise than in breach of the contract of tenancy or of a statutory condition, sublet to or in the occupation of another person, if in the estimation of the court a part not less than seven-eighths or thereabouts in value of the holding, excluding from such value the value of any buildings erected by the tenant, remains in the bonâ fide occupation of the tenant, and if the subletting was made before the passing of the Land Law (Ireland) Act, 1887, or if it was substantially in substitution for a letting existing at that date. Provided that—


 * (i) for the purpose of the foregoing provisions of this section, a breach of the contract of tenancy shall not be deemed to have taken place if the landlord waived such breach; and


 * (ii) the foregoing provisions of this section shall not apply unless the court think it reasonable to entertain the application having regard to the acreage of the holding and to any other matter which they think should be taken into consideration, and the court may entertain the application notwithstanding that any such house or part of a holding is occupied by a person to whom it has been sublet in contravention of section two of the Land Law (Ireland) Act, 1881.

(2.) The subletting of any such dwelling-house as is referred to in sub-section (1) (a) of this section during the continuance of a statutory term or after its expiration shall not be deemed to be a breach of any statutory condition, nor shall section two of the Land Law (Ireland) Act, 1881, apply to any such subletting, whether made before or after the passing of this Act.

(3.) Where a part of the property held under one demise is sublet, and the property was let to the tenant subject to the tenancy of some other person in the part sublet, the court may, in any case to which sub-section (1) of this section does not apply,