Page:Public General Statutes 1896.djvu/412

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to create the relation of landlord and tenant, is dated before the first day of January one thousand eight hundred and sixty-one, and by reason of its date does not create the relation of landlord and tenant between him and the person to whom money is payable thereunder in respect of the holding, and that person shall be a lessor or grantor in like manner as if the instrument were executed on or after the above-mentioned day.

15. Applications under section one of the, may be made at any time.

16. In the case of any ejectment which shall be or has been brought for the nonpayment of the rent of a holding to which the holdings under Land Law Acts as amended by this Act apply, where the rent in arrear exceeds two years rent, the tenant may pay, tender, deposit, or lodge under sections sixty to seventy-one of the, the sum of two years rent instead of the sums therein respectively required to be paid, tendered, deposited, or lodged in respect of the rent and arrears, exclusive of costs, and upon such tender, payment, deposit, or lodgment the tenant shall be in the same position under those sections as if two years rent were the sum due for rent up to the date of the commencement of the proceedings in the ejectment; and the balance of the rent due to that date shall be recoverable by the landlord as if the same were a debt due to him by the person legally liable therefor, but shall not be recovered by ejectment for nonpayment of rent or distress. Provided, however, that—


 * (1.) Nothing herein contained shall relieve the tenant from paying or undertaking to pay costs as provided by the said sections; and


 * (2.) That this section shall not apply to any proceeding in ejectment in which an order has been or shall be made under section thirty of the, nor to any arrears of rent the subject of any such order.

17.—(1.) The landlord and tenant of any holding may at any (whether a statutory term is current in respect of the holding or not) agree in the prescribed manner, and subject to the prescribed rules and conditions, in regard to all or any of the matters following:—


 * (a) the consolidation of the holding with any other holding or portion of a holding or the making of any addition to the holding


 * (b) the partition or division of the holding;


 * (c) the assignment or surrender of portion. of the holding;


 * (d) the creation of a present tenancy in the holding;


 * (e) the abridgment of any statutory term in the holding; and


 * (f) the fair rent of the holding and the date at which the statutory term is to commence and the duration thereof.

(2.) Where any such agreement is made the tenancy in the holding shall (in the absence of a provision in the agreement to the contrary) as and from the date of the agreement be a present tenancy.