Land Law (Ireland) Act, 1887

Exceptional provisions for certain leaseholders.

3. A lease to which section one of this Act would otherwise apply, shall be deemed to be within the said section if made or agreed to be made after the passing of the Land Law (Ireland) Act, 1881, and before the first day of January, one thousand eight hundred and eighty-three, where the lessee had been tenant in occupation of the holding under a contract of tenancy expiring after the twenty-ninth day of September, one thousand eight hundred and eighty, and had thenceforward continued in such occupation as tenant or caretaker, or otherwise, with the assent of the landlord, to the time of the making of such lease: Provided the court, having regard to all the facts of the case, is of opinion that the making of such lease was deferred with the object of defeating the provisions of the Land Law (Ireland) Act, 1881.

In this section the expression “lessee” shall include the person or persons who would have been successors in title of the tenant under the previous contract of tenancy if such tenancy had continued and had become vested in the lessee.