Page:Public General Statutes 1896.djvu/410

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case of fraud or collusion or a letting at a gross undervalue) by the cesser of the interest or possession of such limited owner, mortgagor, or mortgagee, and the person entitled on such cesser to receive the rent of the holding shall stand in the relation of landlord to the tenant of the holding, and have the rights and be subject to the obligations of landlord accordingly.

(2.) Provided that where a fair rent has, after the passing of this Act, been fixed for the first time in the case of a tenancy to which this section applies, the person entitled on the said cesser to receive the rent of the holding may, within the prescribed time after becoming entitled to receive such rent, apply to the court in the prescribed manner, and the court, after giving such person and the tenant of the holding an opportunity of being heard, may proceed as follows:—


 * (a) if of opinion that by reason of a fine or premium having been paid the rent when judicially fixed was reduced, or that otherwise the fair rent fixed was unreasonable, the court may vary the fair rent for the portion of the statutory term then remaining unexpired; and


 * (b) if of opinion that, by reason of any special circumstances not brought to the knowledge of the court on the hearing of the application to have a fair rent fixed, a fair rent ought not to have been fixed, the court shall declare that the said person and the tenant shall be in the same position as if this section had not been enacted.

(8.) This section shall not apply to a tenancy created by a limited owner in a holding the substantial part of which at the date of the letting was demesne land, where the mansion house is lei with such demesne land, or the application of the Land Law Acts to the tenancy would materially diminish the value as a residence of the mansion house situate on and theretofore occupied with the demesne.

11. A contract of tenancy entered into, whether before or after the commencement of this Act, by a landlord in violation either of the Act of the seventh year of the reign of King George the Fourth, chapter twenty-nine, intituled " An Act to amend the law of Ireland respecting the assignment and subletting of lands and tenements," or of an agreement against subletting in his lease, shall not as between him and the tenant holding under such contract be, or be deemed to have been, void or voidable, and a superior landlord shall be deemed to have expressed a sufficient consent, in the manner in which the consent is required by law to be expressed, to a subletting made in violation of such Act or agreement, unless within a reasonable time after the subletting came to the knowledge of himself, or his agent, he served on the lessee or sub-tenant notice of his dissent from the subletting, or instituted a proceeding against the lessee founded upon the said violation.

12.—(1.) Where a superior landlord recovers against an immediate landlord a judgment in ejectment for nonpayment of the rent of a holding, or of lands including a holding, the estate of the immediate