Landlord and Tenant (Amendment) Act, 1971

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Sporting leases.

2.—(1) A club or organisation (in this Act referred to as a sports club) carrying on some outdoor sport, game or recreation (in this section referred to as the sport) and holding land in accordance with the conditions specified in this section shall, subject to the provisions of this Act, be entitled to obtain a lease (in this Act referred to as a sporting lease) of the land.

(2) The following are the conditions to be complied with:

(a) that—

(i) the land is held for the purpose of carrying on the sport under a lease for a term of not less than twenty-one years,

(ii) the land has been continuously occupied by the sports club for that purpose for the period of not less than twenty-one years immediately preceding the date of the application for a sporting lease, or

(iii) the land has been continuously in the possession of the sports club for that purpose for the period of not less than twenty-one years immediately preceding the date of the application for a sporting lease,

(b) that the sports club has spent money—

(i) on erecting permanent buildings or structures on the land which are used in connection with the land for that purpose,

(ii) on reconstructing, altering, renovating or adapting any permanent buildings or structures on the land which are so used so as to render them more suitable for that purpose, or

(iii) on developing, improving or adapting the land so as to render it more suitable for that purpose, and

(c) that the total amount so spent was not less than the greater of the following, namely, one thousand pounds or fifteen times the average yearly amount of any rent or other sum paid or payable in respect of the land in the five years immediately preceding the date of the application for a sporting lease, disregarding any penal rent or other sum payable for any breach of a covenant, condition or agreement and any exceptional rent or sum in respect of a specified period not exceeding five years.

(3) Where—

(a) land (in this section referred to as the qualifying land) is held by a sports club either for a freehold estate or in accordance with subsection (2) (a) and is so held, in compliance with the conditions specified in subsection (2) (b) and (2) (c), in conjunction with other land primarily used for the same purpose,

(b) that other land does not comply with those conditions, and

(c) that other land—

(i) is held under a lease for a term of not less than twelve years,

(ii) has been continuously occupied by the sports club for a period of not less than twelve years, or

(iii) has been continuously in the possession of the sports club for a period of not less than twelve years,

the sports club shall be entitled to obtain a sporting lease of that other land if the area of the other land is not more than one-fourth of the total area of the qualifying land and the other land.

(4) If the qualifying land ceases to be primarily used for the purpose of carrying on the sport, the lessor of the sporting lease granted under subsection (3) shall be entitled to terminate the lease on giving three months' notice to the lessee.

(5) Any money spent—

(a) on the maintenance of buildings, structures or land, or

(b) on the erection, reconstruction, alteration, renovation or adaptation of buildings or structures, or the development, improvement or adaptation of land, in contravention of any covenant, condition or agreement,

shall be disregarded for the purposes of subsection (2).

(6) Where land which complies with the conditions specified in subsection (2) is used both for the purpose of carrying on the sport and for some other purpose, the sports club shall not be entitled to obtain a lease of that land under this section unless the Court is satisfied that the land is primarily used for the purposes of the sport.

(7) Where, on the 3rd day of March, 1970, a sports club held land in accordance with conditions which would, subject to the provisions of this Act, have entitled it to obtain a sporting lease if this Act had then been in force, the provisions of this Act shall extend to the club, with necessary modifications, notwithstanding that its interest, occupation or possession ceased before the passing of this Act, and in particular—

(a) any reference to an immediate lessor or a superior lessor or to a landlord or other person shall be construed as including reference to the immediate lessor, superior lessor, landlord or other person as on the 3rd day of March, 1970, and his successors in title,

(b) the conditions specified in subparagraphs (ii) and (iii) of subsection (2) (a) shall be construed as if the references therein to the date of the application for a sporting lease were references to the 3rd day of March, 1970, and

(c) the time for applying for a sporting lease shall be not later than three months after the passing of this Act.