Page:Public General Statutes 1896.djvu/409

1896.

direct that the part so sublet shall thenceforth be, or it it is an incorporeal hereditament be treated as, a separate holding, and (unless the application to the court is made on the expiration of a lease) that the same shall be held during the continuance of the tenancy at such rent as the court determine to be the proper proportion of the rent reserved by the demise, and the court may fix a fair rent for the remainder of the property held under the demise, and the Land Law Acts as amended by this Act shall apply to that remainder, as if it were a separate holding;

Provided that if the landlord so elect, the court shall, in any ciise to which this sub-section applies, order that the tenant of the part so sublet shall be the tenant of such landlord as his immediate landlord.

8. Where any holding is held under a contract of tenancy, judicial rent empowering the landlord to resume the whole or any part thereof may be fixed for the purpose of building or planting, a judicial rent may be fixed in respect thereof, without prejudice to the right of the landlord to resume possession at any time for the bona fide purposes aforesaid, upon the terms contained in the said contract of tenancy, or, if no terms are contained therein, upon the terms that the rent of the holding be proportionately abated.

9.—(1.) Where on an application to fix the fair rent for a holding it is proved to the court that the tenant of the holding by virtue of other his tenancy has by the permission of the landlord been accustomed to exercise any privilege over land belonging to the landlord, the withholding of which privilege would materially diminish the value of the holding to the tenant, the landlord shall be required to elect whether he will or will not allow the tenant to exercise as of right during the statutory term, under the same restrictions and conditions as theretofore, or such other restrictions and conditions as. may be agreed on by the landlord and tenant, that which he previously exercised by permission, and if the landlord consents to so allow, such exercise shall be secured to the tenant by the order fixing the fair rent, and if the landlord refuses to so allow the fair rent shall be fixed having regard to such refusal.

(2.) Where an order securing the exercise of any such privilege is so made, the court, during the continuance of the statutory term, may, upon the application of the landlord or of any other tenant exercising the like privilege, restrain the tenant from exercising the privilege in any manner other than that authorised by the order or by any reasonable regulations of the landlord ma[de in pursuance of the order. Provided that the court may remit the application for hearing to any sub-commission, which at the time the same is made is actually sitting or is about to sit in the district in which the holding is situate, which sub-commission shall have all the powers of the court to hear and determine the matter of the application and make an order thereon.

10.(1.) The Land Law Acts shall apply, and be deemed to have Lettings by always applied, in the case of tenancies created by a limited owner or by a mortgagor or mortgagee in possession, and the tenancies shall not be or be deemed to have been determined (except in the