HC Deb 21 July 1896 vol 43 cc329-31

(1.) The Land Commission upon an application to them to fix the fair rent for a holding, shall cause the holding to he inspected, in the presence of the parties if they wish to be present, by one assistant commissioner or two assistant commissioners, who on the inspection shall inquire respecting all improvements on the holding and report to the Land Commission—

  1. (a) the fair letting value of the holding as between the parties inclusive of the value of all improvements thereon;
  2. (b) the improvements made wholly or partly by or at the cost of the tenant required by this Act to be recorded, in respect of which rent cannot be allowed or made payable, the capital value of those improvements, and the deduction from the rent made in respect of the same;
  3. (c) the annual sum which should he the fail rent of the holding;
  4. (d) the improvements made wholly or partly by or at the cost of the landlord required by this Act to be recorded; and
  5. (e) such other matters in relation to the building as may be prescribed.

(2.) A conditional order shall be made, as of course, fixing as the fair rent of the holding the annual sum so reported and unless cause to the contrary is shown as hereinafter mentioned, shall he made absolute by the Land Commission.

(3.) The landlord and tenant respectively may, within the prescribed time after the service of the conditional order, show cause against it, and the Land Commission either may, after giving the parties an opportunity of being heard, make absolute the order, with or without modification, or dismiss the application, or may remit the case for hearing to a sub-commission, of which any assistant commissioner who reported shall not be a member.

(4.) An order making the conditional order absolute shall not be subject to rehearing as respects the question of value.

(5.) Where a case is so remitted to a sub-commission and a person aggrieved by the order of the sub-commission requires the ease to be re-heard by the Land Commission, the prescribed assistant commissioner shall certify whether or not any question of law or of mixed law and fact arose in the proceeding, and shall set forth in the certificate the prescribed particulars respecting the case.

(6.) If the certificate states that a question of law or mixed law and fact arose, that question may he heard and determined by the Judicial Commissioner sitting either alone or with one other commissioner, and after such determination, or, if the certificate states that no question of law or mixed law and fact arose, then at any time, the Land Commission may, if they think lit, without hearing the parties, make absolute the order of the sub-commission, with or without modification, or may re-hear the case; but if either the landlord or the tenant requires the case to be re-heard, and lodges the prescribed sum for the costs of the re-hearing-, the Land Commission shall re-hear the case.

Under the Older of the House of this date, Clause 13 ceased to be part of the Bill.

Clause 14,—