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55 1931

LANDLORD AND TENANT ACT, 1931

PART VI.

Covenants in Leases.

Damages for breach of covenants to repair.

55. —Where a lease (whether made before or after the passing of this Act) of a tenement contains a covenant or agreement (whether expressed or implied and whether general or specific) on the part of the lessee to put or to keep such tenement in repair during the currency of such lease or to leave or put such tenement in repair at the expiration of such lease and there has been a breach of such covenant or agreement, the following provisions shall have effect, that is to say:—

(a) the damages recoverable for such breach shall not in any case exceed the amount (if any) by which the value of the reversion (whether mediate or immediate) in such tenement is diminished owing to such breach;

(b) save where the want of repair is shown to be due, wholly or substantially, to wilful damage or wilful waste committed by the lessee no damages shall be recoverable for such breach if it is shown that, having regard to the age and condition of such tenement, the repairing thereof in accordance with such covenant or agreement is physically impossible or that, having regard to the age, condition, character and situation of such tenement, the repairing thereof in accordance with such covenant or agreement would involve expenditure which is excessive in proportion to the value of such tenement, or that, having regard to the character and situation of such tenement, such tenement could not when so repaired be profitably used or could not be profitably used unless it is re-built, re-constructed or structurally altered to a substantial extent.

Covenants against alienation.

56. —(1) Every lease (whether made before or after the passing of this Act) of a tenement which contains a covenant, condition, or agreement absolutely prohibiting or restricting the alienation, either generally or in any particular manner, of such tenement shall have effect as if such covenant, condition, or agreement were a covenant, condition, or agreement either (as the case may be) prohibiting or restricting the alienation, either generally or in any particular manner, of such tenement without the licence or consent of the lessor.

(2) In every lease (whether made before or after the passing of this Act) of a tenement in which there is contained or in which there is implied by virtue of the Act of the late United Kingdom Parliament passed on the 5th day of May 1826 and entitled “an Act to amend the Law of Ireland respecting the Assignment and Sub-letting of Lands and Tenements”, or by virtue of the foregoing sub-section of this section a covenant, condition, or agreement prohibiting or restricting the alienation, either generally or in any particular manner, of such tenement without the licence or consent of the lessor, such covenant, condition, or agreement shall, notwithstanding any express provision to the contrary, be deemed to be subject—

(a) to a proviso that such licence or consent shall not be unreasonably withheld, but this proviso shall not preclude the lessor from requiring payment of a reasonable sum in respect of legal or other expenses incurred by him in connection with such licence or consent; and

(b) where such lease is made for a term of more than forty years and is made in consideration wholly or partially of the erection or the substantial addition to or improvement or alteration of buildings, to a proviso to the effect that, in the case of any alienation of such tenement in contravention of such covenant, condition or agreement effected more than seven years before the end of such term, no such licence or consent shall be required if notice in writing of the transaction is given to the lessor within one month after the transaction is effected; and

(c) where such alienation would cause a transfer or increase of any rates, taxes, or other burden to or of the lessor, to a proviso that all expenditure incurred by the lessor by reason of such transfer or increase shall be reimbursed by the lessee to the lessor as and when so incurred and shall be recoverable from the lessee by the lessor as rent under such lease.

Covenants restrictive of user.

57. —(1) Every lease (whether made before or after the passing of this Act) of a tenement which contains a covenant, condition, or agreement absolutely prohibiting the alteration of the user of such tenement shall have effect as if such covenant, condition, or agreement were a covenant, condition, or agreement prohibiting the alteration of the user of such tenement without the licence or consent of the lessor.

(2) In every lease (whether made before or after the passing of this Act) of a tenement in which there is contained a covenant, condition, or agreement prohibiting, either expressly or by virtue of the foregoing sub-section of this section, the alteration of the user of such tenement without the licence or consent of the lessor, such covenant, condition, or agreement shall, notwithstanding any express provision to the contrary, be deemed to be subject:—

(a) to a proviso to the effect that such licence or consent shall not be unreasonably withheld, but this proviso shall not preclude the lessor from requiring payment of a reasonable sum in respect of legal or other expenses incurred by him in connection with such licence or consent; and

(b) if the alteration does not involve any structural alteration of the tenement, to a proviso that no fine or sum of money in the nature of a fine (other than any sum authorised by this section) nor any increase of rent shall be payable for or in respect of such licence or consent; and

(c) if the alteration would cause a transfer or increase of any rates, taxes, or other burden to or of the lessor, to a proviso that all expenditure incurred by the lessor by reason of such transfer or increase shall be reimbursed by the lessee to the lessor as and when so incurred and shall be recoverable from the lessee by the lessor as rent under such lease.

Covenants against making improvements.

58. —(1) Every lease (whether made before or after the passing of this Act) of a tenement which contains a covenant, condition, or agreement absolutely prohibiting the making of any improvement on such tenement shall have effect as if such covenant, condition, or agreement were a covenant, condition, or agreement prohibiting the making of such improvement without the licence or consent of the lessor.

(2) In every lease (whether made before or after the passing of this Act) of a tenement in which there is contained a covenant, condition or agreement prohibiting, either expressly or by virtue of the foregoing sub-section of this section, the making of any improvement on such tenement without the licence or consent of the lessor, such covenant, condition, or agreement shall, notwithstanding any express provision to the contrary, be subject to a proviso that such licence or consent shall not be unreasonably withheld, but this proviso shall not preclude the lessor from requiring the payment of a reasonable sum in respect of legal or other expenses incurred by him in connection with such licence or consent.

Consent of lessor who cannot be found.

59. —Where a lease (whether made before or after the passing of this Act) of a tenement contains a covenant, condition or agreement prohibiting or restricting the doing by the lessee of any particular thing without the licence or consent of the lessor, and the rent reserved by such lease has not been paid for five or more years, and the lessor is not known to and cannot be found by the lessee, the Court may, on the application of the lessee and after the publication of such (if any) advertisements as the Court shall direct and if, having regard to all the circumstances of the case, the Court thinks fit so to do, authorise the lessee, subject to such (if any) conditions as the Court shall think fit to impose, to do the particular thing so prohibited or restricted by such covenant, condition or agreement, and thereupon it shall be lawful for the lessee to do such particular thing without the licence or consent of the lessor, but subject to and in accordance with the conditions (if any) imposed by the Court.