Land Act, 1923
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Sub-tenancies. |
26.—(1) Where the whole or part of a holding of tenanted land, which is vested in the Land Commission by virtue of this Act, is sublet, otherwise than for the purpose of temporary depasturage, agistment or conacre, or for temporary convenience or to meet a temporary necessity, then for the purposes of the provisions of this Act, as to the standard price and as to resales by the Land Commission, the following provisions shall have effect:— | |
(a) if the entire of the holding is in the occupation of a subtenant, the rent payable by the sub-tenant shall be taken to be the rent payable in respect of the holding, and the sub-tenant shall be taken to be the tenant; | ||
(b) if the entire of the holding is in the occupation of two or more sub-tenants, the portion in the occupation of each sub-tenant shall be treated as a separate holding held at the rent payable in respect of the sub-tenancy and the sub-tenant shall be treated as the tenant thereof; | ||
(c) if portion of the holding is in the occupation of the tenant and the remainder is in the occupation of one or more sub-tenants, the portion in the occupation of the tenant shall be treated as a separate holding held at an apportioned part of the rent payable in respect of the entire holding, the apportionment being made according to rateable value, or (if that portion is not separately rated) according as may be determined by the Land Commission (other than the Judicial Commissioner) and the tenant shall be treated as tenant thereof, and so much of the remainder of the holding as is in the occupation of any sub-tenant shall be treated as a separate holding held at the rent payable in respect of the sub-tenancy, and the sub-tenant shall be treated as the tenant thereof; | ||
(d) where portion of a holding is sublet and that portion is of such character that it ought not in the opinion of the Land Commission to be treated as a separate holding for the purposes aforesaid, the Land Commission may treat the holding as if the portion was not sublet or in the occupation of the sub-tenant. | ||
(2) For the purposes of this section, sub-section (2) of section fifteen of the Irish Land Act, 1903 , shall apply with the substitution of “the Judicial Commissioner” for “the Land Commission” and the substitution of “the Vendor” for “the owner of the Estate.” |