Page:Public General Statutes 1896.djvu/407

The paged version of this document contained the following header content in the margin: Part I.

Exclusion of certain holdings 5.—(1.) The Land Law Acts, except section seven of the Land Law (Ireland) Act, 1881 (which amends the Landlord and Tenant Exclusion of (Ireland) Act, 1870, in respect of compensation for improvements),shall not apply to the following tenancies:—

(a.) To a tenancy in any holding which is not substantially either agricultural or pastoral in its character, or partly agricultural and partly pastoral, or the main object of the letting of which was for a residence:

(b.) To a tenancy in any holding which substantially consists of—

(i) land being or forming part of a home farm; or

(ii) land which when first demised was demesne, and which the provisions of the contract of tenancy, or the circumstances of the case, show was intended to be preserved as demesne or resumed as demesne by the landlord; or

(iii) land incorporated in a demesne by the tenant, and forming part of a demesne at the time the application to fix a fair rent is made:

(c.) To a tenancy in a holding (other than a holding let to be used wholly or mainly for a dairy farm) which is let to be used wholly or mainly for the purpose of pasture—

(i) if it is of the rateable value of upwards of one hundred pounds; or

(ii) if the tenant does not actually reside on the holding, or where the holding adjoins or is ordinarily used with another holding, then on the latter holding.

(2.) Where a distinct and substantive part of the property held under one demise is demesne land, or is not agricultural or pastoral in its character, or is an incorporeal hereditament, and the court consider that that part is not the substantial part of such property, the court may, if they are of opinion that, apart from the fixing of a fair rent, the separation of the property into two parts will not diminish the value of the landlord's interest therein, direct that that part shall thenceforth be, or, if it is an. incorporeal hereditament, be treated as, a separate holding, and shall, unless the tenancy has expired, be held at such rent during the continuance of the tenancy 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 said Acts shall apply to that remainder as if it were a separate holding.

(3.) Where a holding is held by joint tenants or tenants in common, and such tenants have worked and occupied separate portions thereof, and the division of the holding was made prior to the passing of the Land Law (Ireland) Act, 188750 & 51 Vict. c. 33., the court, on the application of any joint tenant or tenant in common, may, if they think that it is just, fix a fair rent upon the portion of the holding so separately occupied. Such order fixing a fair rent when made shall not have the effect of increasing the liability of the landlord for rates or taxes in respect of the holding, and such order shall not be made if the court are of opinion that the interests of