HC Deb 07 August 1894 vol 28 cc248-9
MR. W. KENNY (Dublin, St. Stephen's Green)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether the Evicted Tenants Bill, as amended in Committee and on Report, proposes to reinstate sub-tenants; and, if so, by what clause; will a tenant in case he is reinstated thenceforth hold discharged from any sub-tenancy existing at the date of the determination of his former tenancy, or will the sub-tenant also have a right of reinstatement, and whether as against the middleman or against the head landlord; if he can state whether the 394 sub-tenants whose tenancies were determined on the 17 selected estates named in the Report of the Mathew Commission are still out of their holdings; and what (approximately) is the number of sub-tenants on the estates not specially dealt with in that Report whose tenancies have been determined since May, 1879?

MR. J. MORLEY

Under the Bill any former tenant, whether a sub-tenant or not, comes within the language of the Bill, and may be reinstated if the Arbitrators think fit, or, as the case may be, if the new tenant consents, provided that he fulfils the other conditions of the Bill. If a tenant is reinstated the reinstatement does not restore any prior sub-tenancies. The sub-tenant in such a case could not have a right of reinstatement because the tenant who has been reinstated was his landlord, and was not on the 19th of April, 1894, in occupation of the holding. Tenants, whether immediate tenants or subtenants, have rights under this Bill only against the landlord from whom he himself holds.

MR. W. KENNY

If both tenants—the middleman and the sub-tenant—claim reinstatement, will both be entitled to compensation for goodwill?

MR. J. MORLEY

As I am advised, the Bill only applies to tenants where they are reinstated.

MR. T. W. RUSSELL (Tyrone, S.)

In cases where the evicted tenant has had a sub-tenant who has gone out with the evicted tenant, has the sub-tenant no claim to reinstatement?

MR. J. MORLEY

No, Sir; I think not.