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NOTICES TO QUIT (IRELAND) ACT 1876 - SECT 3

Resumption for improvements.

3. Where on a tenancy from year to year a notice to quit is given by the
landlord with a view to the use of land for any of the following purposes:

The providing of gardens for existing farm labourers cottages or other houses;

The allotment for labourers of land for gardens or other purposes;

The planting of trees;

Turbary;

The opening or working of any coal, ironstone, limestone, or other mineral, or
of a stone quarry, clay, sand, or gravel pit, or the construction of any works
or buildings to be used in connection therewith;

The obtaining of brick earth, gravel, or sand;

The making of a watercourse or reservoir;

The making of any road, tramroad, siding, canal, or basin, or any wharf, pier,
or other work connected therewith;

In every such case the provisions of the
Landlord and Tenant (Ireland) Act, 1870, respecting compensation, shall apply
to the extent of the premises mentioned in the notice to quit as on
determination of a tenancy in respect of the entire holding.

The tenant shall also be entitled to a proportionate reduction of rent in
respect of the land comprised in the notice to quit and in respect of any
depreciation of the value to him of the residue of the holding caused by the
withdrawal of that land from the holding or by the use to be made thereof, and
the amount of that reduction shall be ascertained by agreement or settled
under the Landlord and Tenant (Ireland) Act, 1870, as in case of compensation.
The forms already in use under the Land Act may be used so far as the same may
be applicable.

In any case where the land comprised in a notice to quit under the provisions
of this section shall exceed in the whole one twenty-fifth part of any
individual holding, or shall seriously interfere with the dwelling-house or
farm buildings of such holding, the tenant shall further be entitled at any
time within twenty-eight days after the service of the notice to quit to serve
on the landlord a notice in writing to the effect that he (the tenant) accepts
the same as a notice to quit the entire holding, and the notice to quit shall
have effect accordingly; but such notice to quit shall not be deemed a
disturbance of the tenant within the meaning of the
Landlord and Tenant (Ireland) Act, 1870, if the Court shall be of opinion that
the tenant was unreasonable in giving such notice in writing.

Provided always, that nothing contained in this section shall interfere in any
respect with the rights and privileges of the landlord under the fourteenth
section of the Landlord and Tenant (Ireland) Act, 1870.

© 1876 Crown Copyright

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