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Determination of estate of immediate landlord.
44 & 45 Vict. c. 49.
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12.—(1) Where a superior landlord recovers against an immediate landlord a judgment in ejectment for nonpayment of the rent of a holding, or of lands including a holding, the estate of the immediate landlord shall be deemed to be determined within the meaning of section fifteen of the Land Law (Ireland) Act, 1881, without prejudice to his right to redeem his interest, as if a decree for possession or a writ of possession had been executed.
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(2) Unless the court before which the ejectment was brought certifies that the nonpayment was due to the nonpayment of rent by the tenant of the holding, such judgment shall not be executed against the tenant, and the tenancy of the holding shall not be affected, except that the superior landlord shall stand in the relation of immediate landlord to the tenant, and may proceed accordingly for the recovery of all rent due from the tenant to the immediate landlord, as if it had always been due to the superior landlord, but (except in the case of fraud or collusion or a letting at a gross undervalue) not for the recovery of the rent due to the superior from the immediate landlord. If the amount recovered by the superior landlord from the tenant equals or exceeds the amount due to him from the immediate landlord, the interest of the immediate landlord shall not be deemed to have been redeemed, but the superior landlord shall pay the excess to the immediate landlord, after deducting any amount due for costs.
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