Leases Act, 1850

LEASES ACT 1850

CHAPTER XVII.

An Act to amend an Act of the last Session of Parliament, for granting Relief against Defects in Leases made under Powers of Leasing. [31st May 1850.]

12 & 13 Vict. c. 26.

12 & 13 Vict. c. 110.

Whereas an Act was passed in the last session of Parliament, “for granting relief against defects in leases made under powers of leasing in certain cases”; and by another Act of the same session the operation of the said first-recited Act was suspended until the first day of June one thousand eight hundred and fifty: And whereas it is expedient that the said first-recited Act should be amended:

[S. 1 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

In certain cases acceptance of rent under invalid lease to be deemed a confirmation of lease.

2. Where, upon or before the acceptance of rent under any such invalid lease as in the said first-recited Act mentioned, any receipt, memorandum, or note in writing, confirming such lease, is signed by the person accepting such rent, or some other person by him thereunto lawfully authorized, such acceptance shall, as against the person so accepting such rent, be deemed a confirmation of such lease.

Where during possession under invalid lease reversioner is able and willing to confirm such lease without variation, lessee shall accept such confirmation on request.

3. Where during the continuance of the possession taken under any such invalid lease as in the said first-recited Act mentioned the person for the time being entitled (subject to such possession as aforesaid) to the hereditaments comprised in such lease, or to the possession or the receipt of the rents and profits thereof, is able to confirm such lease without variation, the lessee, his heirs, executors, or administrators (as the case may require,) or any person who would have been bound by the lease if the same had been valid, shall, upon the request of the person so able to confirm the same, be bound to accept a confirmation accordingly; and such confirmation may be by memorandum or note in writing, signed by the persons confirming and accepting respectively, or by some other persons by them respectively thereunto lawfully authorized; and after confirmation and acceptance of confirmation such lease shall be valid, and shall be deemed to have had from the granting thereof the same effect as if the same had been originally valid.

[S. 4 rep. 38 & 39 Vict. c. 66. (S.L.R.)]