Assignment and Sub-Letting of Land Act, 1826
ASSIGNMENT AND SUB-LETTING OF LAND ACT 1826 | ||
C A P. XXIX. | ||
An Act to amend the Law of Ireland respecting the Assignment and Subletting of Lands and Tenements. [5th May 1826.] | ||
In what Cases only where Lands are held under Lease made before 1st June, 1826, with Covenant against subletting, any future Act of the Landlord shall be deemed a Waiver of such Covenant. | ||
‘Whereas it is expedient to ensure the Fulfilment of the Covenants and Conditions in existing Leases of Lands and Tenements in Ireland, for preventing the Assignment or Subletting of the Lands and Tenements demised thereby, and to make more effectual Provisions to restrain such Assignment or Subletting in future;’ Be it therefore enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That where Lands or Tenements in Ireland are or shall be holden under any Lease, Instrument or Agreement in Writing, in force at the Time of the passing of this Act, or which shall be made or entered into at any Time on or before the First Day of June One thousand eight hundred and twenty six, which Lease, Agreement or Instrument shall contain any Condition or Covenant prohibiting, controlling or regulating the Assignment or Subletting of the Lands or Tenements demised or agreed to be demised thereby, or of any Part thereof, no Act, Matter or Thing whatever to be done or acquiesced in by the Lessor or Person contracting to lease by such Deed or Instrument, or by his or their Heirs, Executors, Administrators or Assigns, shall be deemed, taken or construed, in any Court of Law or Equity, to be or to amount to a Waiver of the Benefit of any such Condition or Covenant; and that in any Action or Actions for the Breach of any Condition or Covenant, committed at any Time after the said First Day of June One thousand eight hundred and twenty six, such Lessor or contracting Party, and his and their Heirs, Executors, Administrators and Assigns, shall be entitled to recover the Possession of such Lands or Tenements by virtue of any such Condition, or any Penalty for the Breach of any such Covenant, according to the Provisions of any such Condition or Covenant respectively, unless it shall be expressly proved that such Assignment or Subletting was made with the Consent of such Lessor or contracting Party, his or their Heirs, Executors, Administrators or Assigns, testified, where such Assignment or Subletting shall be by Deed or written Instrument, by his or their being a Party to and signing and sealing such Deed or written Instrument, or where such Assignment or Subletting shall not be by Deed or written Instrument, testified by his or their Consent in Writing, or unless the Benefit of such Condition or Covenant shall have been expressly waived by some Writing signed by the Party entitled to the Benefit thereof. |