Land Law (Ireland) Act, 1887

Power of court to stay eviction.

44 & 45 Vict. c. 46.

30.(1) In any proceedings for the recovery of a holding to which this section applies, for nonpayment of rent, or in any action for debt or damages by any person against the tenant of such holding if the court in which the proceedings are pending is satisfied that the tenant of the holding is unable to satisfy by an immediate payment in full the judgment and costs, and that such inability does not arise from his own conduct, act, or default, and there is reasonable ground for granting an extension of time to pay, the court may put a stay upon the execution of the judgment of the court in such ejectment, or, in case of an ordinary judgment, may put a stay upon the execution of a writ of fieri facias as against the tenant’s interest in the holding for such time as the court thinks reasonable, and the court may, in any such ejectment, if it thinks fit, order that the arrears of rent and the costs, or such sum in satisfaction thereof as may be agreed on between the parties, shall be paid by such instalments as the court may appoint: Provided that where the landlord has offered to accept in full satisfaction of the arrears of rent such lesser sum, payable either in one payment or by instalments as the court shall think reasonable, and the tenant refuses such offer, no stay of execution shall be granted under this section.

(2) If the court is of opinion that the tenant can pay the first of such instalments forthwith, the court shall so order. If default is made in complying with the order of the court for the payment of the first or any subsequent instalment, the stay upon the execution of the judgment in ejectment shall be removed, and it may thereupon be executed by a writ of possession in the prescribed form; and upon the execution thereof, or upon the expiration of a period of six months from the recovery of the judgment, whichever shall last happen, all right of redemption in the holding shall be determined.

(3) This section shall apply to every holding in respect of which a judicial rent has been fixed, or can be fixed under the Land Law (Ireland) Act, 1881, as amended by this Act, held by a tenant whose holding, or the aggregate of whose holdings, whether under one or more landlords, is valued under the Acts relating to the valuation of rateable property in Ireland at not more than fifty pounds a year.

(4) This section shall apply to judgments in ejectment for nonpayment of rent, or for debt or damages recovered but not executed before the passing of this Act against the tenant of such holding as aforesaid.

Where any such judgment for nonpayment of rent so recovered shall be executed against any such tenant as aforesaid, the court may, notwithstanding such execution, within three months after the passing of this Act, and under like conditions, and subject to like terms as to instalments and otherwise, as if the judgment had not been executed, make an order setting aside such execution, staying the further execution of such judgment, and, if necessary, restoring the tenant to the possession of the holding.

In case of any judgment for debt or damages so recovered against such tenant, the same shall not be executed against the tenant’s interest in his holding, without the leave of the court, within the like period.