The Gazette 1971

Section 35 (1), Sections 10 and 18 of the Landlord and Tenant Law Amendment (Ireland) Act, 1860, and in Section 14 (6) (1) of the Conveyancing Act, 1881, the words "to a covenant or conditions against the assigning, under-letting, parting with the posses- sion, or disposing of the land lease or" are hereby repealed. (2) Where a breach of any agreement which, but for this section, would have been a contravention of the said Sections 10 or 18 took place before the com- mencement of this Act and a right or re-entry or forfeiture for the breach was not enforced and pro- ceedings to enforce such right were not instituted before such commendement, this section shall in rela- tion to the breach be deemed to come into operation immediately before the occurrence of the breach. The above completes all the relevant sections referred to in Section 35. In the White Paper issued as an explanatory memorandum, it is pointed out that Section 35 repeals certain provisions in Deasy's Act which pro- hibit assignment and sub-letting without the landlord's written consent and extend to breaches of covenant against assignment and sub-letting the same relief against forfeiture as the Conveyancing Act, 1881, extends to breaches of other covenants. This would appear to be the full effect of the opera- tion of this section, and it is a very salutary amendment indeed. P. C. Moore

compensation for the breach, and if the lessee fails, within a reasonable time thereafter to remedy the breach, if it is capable of remedy, and to make reas- onable compensation in money, to the satisfaction of the lessor for the breach. (2) Where the lessor is proceeding, by action or otherwise, to enforce such a right of re-entry of forfeiture, the lessee may, in the lessor's action, if any, or in any action brought by himself apply to the Court for relief; and the Court may grant or refuse relief, as the Court having regard to the proceedings and conduct of the parties under the foregoing pro- visions of this section and to all the circumstances, thinks fit; and in case of relief may grant it on such terms, if any, as to costs, expenses, damages, compen- sation, penalty, or otherwise, including the granting of an injunction to restrain any like breach in the future as the Court, in the circumstances of each case shall think fit. (3) For the purposes of this section the lease in- cludes an original or derivative under-lease, also a grant at a fee-farm rent, or securing a rent by condi- tion; and the lessee includes an original or derivative under-lessee, and the heirs, executors, administrators and assigns of a lessee also a grantee under such grant as aforesaid, his heirs and assigns and a lessor includes an original or derivative under-lessor, and the heirs, executors, administrators and assigns of a lessor, also a grantor as aforesaid and his heirs and assigns. (4) This section applies although the proviso or stipulation under which the right of re-entry for forfeiture accrues is inserted in the lease in pursu- ance of the directions of any Act of Parliament. (5) For the purposes of this section a lease limited to continue as long only as the lessee abstains from committing a breach of covenant shall be and take effect as a lease to continue for any longer term for which it could subsist, but determinable by a proviso for re-entry on such breach. (6) This section shall not extend to : (1) a covenant or condition against the assign- ing, under-letting, parting with the possession, or disposing of land leased or to a condition for forfeiture on the bankruptcy of the lessee, or on taking execution of the lessee's interest, or (2) in case of a mining lease, to a covenant or condition for allowing the lessor to have access to or inspect books, accounts, records, weighing machines or other things, or to enter or inspect the mine or the workings thereof. (7) The enactments described in Part 1 of the Second Schedule to this Act are hereby repealed. (8) This section shall not affect the law relating to re-entry or forfeiture or relief in case of non-payment of rent. (9) This section applies to leases made either before or after the commencement of this Act, and shall have effect notwithstanding any stipulation to the contrary. The above is the full Section 14 of the Conveyancing Act, 1881, taken from Hood and Chalise's Conveyancing Settled Land and Trustee Acts, twelfth edition. Section 35 of the Landlord and Tenant (Ground Rents) Act, 1967, is in the following terms :

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