Landlord and Tenant Act 1935

Landlord and Tenant Act 1935

This Act may be cited as the Landlord and Tenant Act 1935.

The Acts enumerated in Schedule 1 are hereby repealed.

No Imperial enactment directly relating to the law of landlord and tenant shall have effect in this State.

This Act does not apply to a residential tenancy agreement within the meaning of the Residential Tenancy Act 1997 to which that Act applies.

Whenever any party to any deed made according to the form set forth in Part I of Schedule 2, or to any other deed which shall be expressed to be made in pursuance of this Act, shall employ in such deed respectively any of the forms of words contained in the first column of Part II of Schedule 2, and distinguished by any number therein, such deed shall be taken to have the same effect and be construed as if such party had inserted in such deed the form of words contained in the second column of the same schedule, and distinguished by the same number as is set opposite to the form of words employed by such party; but it shall not be necessary in any such deed to insert any such number.

Every such deed, unless any exception be specially made therein, shall be held and construed to include all outhouses, buildings, barns, stables, yards, gardens, cellars, ancient and other lights, paths, passages, ways, waters, watercourses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever, to the lands and tenements therein comprised belonging or in anywise appertaining.

Any deed or part of a deed which shall fail to take effect by virtue of this Act shall nevertheless be as valid and effectual, and shall bind the parties thereto, so far as the rules of law and equity will permit, as if this Act had not been made.

If, in employing any of the forms of words contained in the first column of Part II of Schedule 2 in any such deed, there should occur a merely verbal and immaterial variance or departure from such form, or any clerical error, such variance or error shall not prevent such deed or the part thereof where such variance or error occurs from taking effect under this Act, provided the form of words employed is substantially to the same effect as any of those contained in the said first column.

Where any person has any rent in arrear or due upon any lease or demise for life or lives he may bring an action for such arrears of rent in the same manner as he might have done in case such rent were due and reserved upon a lease for years.

Where the agreement between the landlord and the tenant is not by deed, the landlord may recover a reasonable satisfaction for the lands, tenements, or hereditaments held or occupied by the defendant in an action for the use and occupation of what was so held or enjoyed.

If in evidence on the trial of such action any parol demise or any agreement, not being by deed, whereon a certain rent was reserved shall appear, the plaintiff in such action shall not be non-suited, but may make use thereof as an evidence of the quantum of the damages to be recovered.

Where any tenant for any term of life, lives, or years, or other person who is in or comes into possession of any lands, tenements, or hereditaments by, from, or under, or by collusion with such tenant, wilfully holds over any lands, tenements, or hereditaments, after the determination of such term, and after demand made and notice in writing given for delivering the possession thereof by his landlord or lessor, or the person to whom the remainder or reversion of such lands, tenements, or hereditaments belongs, or his agent thereunto lawfully authorized, then such person so holding over shall, for and during the time he so holds over or keeps the person entitled out of possession of the said lands, tenements, or hereditaments, as aforesaid, pay to the person so kept out of possession, his executors, administrators, or assigns, at the rate of double the yearly value of the lands, tenements, and hereditaments so detained for so long a time as the same are detained, to be recovered by action; against the recovering of which penalty there shall be no relief in equity.

In case any tenant gives notice of his intention to quit the premises by him held at a time mentioned in such notice and does not accordingly deliver up the possession thereof at the time in such notice contained, then the said tenant, his executors or administrators shall thenceforward pay to the landlord double the rent or sum which he should otherwise have paid; to be levied, sued for, and recovered at the same time and in the same manner as the single rent or sum which could, before the giving of such notice, be levied, sued for, and recovered.

Such double rent or sum shall continue to be paid during all the time such tenant continues in possession as aforesaid.