HL Deb 10 August 1896 vol 44 cc325-6

Where on an application to fix the fair rent for a holding it is proved to the Court that the tenant of the holding, by virtue of his tenancy, has by the permission of the landlord been accustomed to exercise any privilege over land belonging to the landlord, the withholding of which privilege would materially diminish the value of the holding to the tenant, the landlord shall be required to elect whether he will or will not allow the tenant to exercise as of right during the statutory term, under the same restrictions and conditions as theretofore, that which he previously exorcised by permission, and, if the landlord consents to so allow, such exercise shall be secured to the tenant by the order fixing the fair rent, and if the landlord refuses to so allow, the fair rent shall be fixed having regard to such refusal.


moved, after the word "theretofore," to insert the words "or such other restrictions and conditions as may be agreed on by the landlord and tenant." He said that this and the following Amendment were additions to the new clause with regard to turbary and easements. They had not provided for the enforcement of necessary regulations for the exercise of these privileges, and the two Amendments enabled the Court to make arrangements for their being exercised in a manner consistent with the interests of the estate and consistent with the practice and usage which had hitherto been followed. ["Hear, hear!"]

Amendment agreed to.


moved, at the end of the clause, to insert the following new Sub-section:— (2.) Where an Order securing the exercise of any such privilege is so made, the Court, during the continuance of the statutory term, may, upon the application of the landlord or of any other tenant exercising the like privilege, restrain the tenant from exercising the privilege in any manner than that authorised by the Order or by any reasonable regulations of the landlord made in pursuance of the Order.

Amendment agreed to.

Clause 9,—