Irish History and the Irish QuestionSmith, Goldwin
History
Irish History and the Irish Question
Smith, Goldwin
Ireland -- Politics and government; Irish question
In parts of the country, especially in Ulster, certain customs prevailed
which recognized that a tenant was something more than a rent producer.
They denied the right of the landlord to raise rents by reason of any
value added to the soil by the tenant's outlay. They recognized a right of
continuous occupancy by the tenant at a fair rent. This right, called
tenant right, became on some properties of immense value, and was often
sold by an out-going tenant at a price exceeding in value the fee simple
purchase of the holding. In Ulster more than anywhere else in Ireland the
custom was very widely prevalent, but was as yet without the sanction of
the law.
But I have digressed from the Act of 1860. In dealing with the Act of
1870, what I have just said will be of importance. The Landlord and Tenant
Act, 1860, otherwise known as "Deasy's Act," is a voluminous measure of
one hundred and five sections which may be conveniently grouped into three
sections. The first deals with the _Contract of Tenancy_, the second with
_Surrenders and Assignments_, and the third with the _Methods of
Procedure_. Section three enacts that "the relation of landlord and tenant
shall be deemed to be founded on the express or implied contract of the
parties." The conduct of the parties may imply a contract of tenancy,
payment of rent being evidence, but not irrefutable evidence, of its
existence.
Section four requires that "every lease or contract, with respect to
lands whereby the relations of landlord and tenant is intended to be
created for any freehold estate or interest, or for any definite period of
time, not being from year to year, or any lesser period, shall be by
_deed_ executed, or _note in writing_ signed by the landlord or his
agent." It is further provided that a tenant may, if there be no agreement
to the contrary, remove his fixtures within two months of its
determination by an uncertain event. Two covenants are implied in the
contract of tenancy by each of the parties thereto. The landlord by his
lease implies an agreement on the part of himself and his successors that
he has a good title to make it, and that the tenant shall have quiet and
peaceable enjoyment of his holding.
The tenant agrees to pay rent, taxes, and impositions payable by the
tenant, and to keep the premises in good and substantial repair and
condition; and, secondly, to give up peaceable possession of the demised
premises in good and substantial repair and condition on the determination
of the lease, subject to any right of removal or of compensation for
improvements that may have lawfully arisen in respect of them, and to any
right of surrender in case of the destruction of the subject-matter of the
contract.
_Surrenders and Assignments_ may be made (1) by deed, (2) by a note in
writing, or (3) by operation of law.
Public-domain text, read in full here on John Shaqi.
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