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Part V.
Land Law.
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Future tenants.
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65.—(1) Where a present tenancy was determined at any time before the passing of this Act, the Land Commission may, subject to the provisions of the Land Law Acts, on the application in the prescribed manner of any tenant in occupation of the lands comprised in the said present tenancy or of any portion of those lands, being either—
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(a) the person who was the tenant of the original holding at the time when the present tenancy was determined, or
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(b) if such person is dead, a person who would have been entitled, whether under the will or as one of the next-of-kin or issue of the said tenant, to the said holding or any distributive share therein had the present tenancy therein not been determined:
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fix the fair rent in respect of the said lands or portion in like manner as if the applicant was a present tenant of the same, and the statutory term resulting from the fixing of such fair rent shall not, nor shall the tenancy, be determined by the expiration of any lease or tenancy existing at the date of such application, but shall continue in like manner as if such lease or tenancy were an existing lease within the meaning of the Act of 1881.
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(2) Any provision in any contract of tenancy or other instrument in any way prohibiting, restraining, or tending to prevent the fixing of a fair rent in respect of any holding to which this section applies, shall be void.
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(3) Where a present tenancy has been sold under a writ of execution and assigned by the sheriff to the landlord, or a trustee for the landlord, the tenancy shall, for the purposes of this section, be deemed to have been determined.
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(4) In this section the expression “prescribed” means prescribed by rules made by the Land Commission under section fifty of the Act of 1881 as amended by any subsequent enactment, and the expression “present tenancy” includes any existing lease within the meaning of the Act of 1881, and any tenancy which was determined at any time between the first day of January eighteen hundred and seventy-nine and the passing of the Act of 1881.
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