§ (1.) The Land Law Acts shall apply and be deemed to have always applied in the case of tenancies created by a limited owner or by a mortgagor or mortgagee in possession, where no fine or premium was received, and the tenancies shall not be or be deemed to have been determined (except in the 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.) This section shall not apply to a tenancy in a holding which at the date of the letting was demesne land, where the mansion house is let 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: Provided always, that when the landlord is a limited owner or mortgagor or mortgagee in possession, no order to fix a fair rent for the first time shall be made without the Land Commission giving the prescribed notice to the person entitled on such cesser.
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MR. T. M. HEALY moved in Subsection (1) to leave out the words "Where no fine or premium was received." He said it was necessary to omit these words in order to insert the words he had lower down on the Paper, namely—
provided that where a fine or premium was received it shall be lawful for the Court to dismiss the tenant's application if the justice of the case so requires.
§ Amendment agreed to.
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MR. GERALD BALFOUR moved, at the end of Sub-section (1) to add—
provided that the Land Commission, before fixing the fair rent for the first time in respect of a tenancy to which this section applies, shall give the prescribed notice to the said person entitled on such cesser, or to some person appointed by the Land Commission to represent his interest.
§ Amendment agreed to.
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MR. MAURICE HEALY moved, at the end of Subsection (1) to insert—
provided that, if the tenant so elects, this section shall apply in cases where a fine or premium was received, if the tenant is willing that such fine or premium shall not be taken into consideration in fixing the fail rent.
§ Amendment agreed to.
§ MR. MAURICE HEALY moved, in Sub-section (2), after the word "tenancy" to insert the words "created by a limited owner."
§ Amendment agreed to.
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MR. GERALD RALFOUR moved, in Sub-section (2) to leave out the following words:—
Provided always, that when the landlord is a limited owner or mortgagor or mortgagee in possession, no order to fix a fair rent for the first time shall be made without the Land Commission giving the prescribed notice to the person entitled on such cesser.
§ Amendment agreed to.
§ MR. MAURICE HEALY moved, in Sub-section (2) to leave out the words "to fix," and to insert the word "fixing."
§ Amendment agreed to.
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MR. MAURICE LIEALY moved, at the end of the clause, to add:—
but the failure or neglect of the Land Commission to give such notice shall not affect the validity of the Order.
§ Amendment agreed to.
§ Clause 9,—