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Application of summary Remedy.
1. For the Possession.
Landlords Obligations as to Requisites.
First, Providing them:
(a) Walls and Chimneys:
(b) Rooms:
(c) Windows:
(d) Privies:
(e) Space in front:
(f) Space for Pigsty and Dunghill.
Second, Maintaining them.
Proof of Maintenance may be dispensed with when no Rent received, and when defective through Tenant’s Default.
Tenant’s Obligations as to Defaults.
First, Not to permit Nuisances.
Second, Not to do or suffer Damage.
If Default, made, no Notice to quit necessary.
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II. The Fifteenth Section of “The Summary Jurisdiction (Ireland) Act, 1851,” shall be applicable to the Delivery of the Possession of any Tenement within this Act, when wrongfully overheld, in the same Manner as it would now apply to the Delivery of the Possession of any Tenement within the said Act:
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But no Order shall be made under the said Section except upon Proof at the Hearing of the Case;
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First; That the Tenement had the following Requisites at the Commencement of the Tenancy; viz.
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(a) The Walls and a sufficient Chimney built of Stones and Mortar, or Bricks and Mortar:
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(b) At least Two separate Rooms:
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(c) A sufficient external Window, with a moveable glazed Sash or Casement for the Admission of Air, in each Room:
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(d) A sufficient Privy:
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(e) A Space at least Eighteen Feet wide extending immediately along the whole Front of the Dwelling (or, where any public Thoroughfare shall pass nearer, the Space (if any) between such Thoroughfare and Dwelling,) sufficiently levelled and drained:
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(f) A sufficient Space, either at the Ends or in the Rear of the Dwelling, suited for a Pigsty and also for a Dunghill;
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Second; And that the said Requisites had been in good tenantable Condition, and adapted to their proper Use, at the Commencement of the last Period of the Tenure for which the Landlord shall have received any of the Rent:
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But this Second Obligation may be dispensed with when the Landlord shall not have as yet received any of the Rent subsequent to the Commencement of the Tenancy, and also when and so far as the tenantable Condition of such Requisites shall have been defective through the Default of the Tenant, and not of the Landlord:
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And upon further Proof at the Hearing of the Case that, during any Period of the Tenure for which the Landlord shall not have as yet received any of the Rent, the Tenant had made any Default in observing the following Obligations;
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First; Not wilfully to permit any Pigsty or Dunghill to remain in front of the Dwelling, within the Space (if any) above required to be levelled and drained, for longer than Three clear Days after being served by the Landlord with a Notice in Writing to remove the same; and,
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Second; Not wilfully to do, or wilfully to suffer others to do, any Damage to the Tenement:
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Then the Service of the Summons in the Case shall be deemed to have been sufficient (without other Notice to quit) to have determined the Tenancy at the Time of such Service.
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