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Landlord's right to object. 3.(1) Where a tenant of a holding proposes after the passing of this Act to make improvements in his holding, he shall send to his landlord notice, in the prescribed manner, of his intention to make such improvements, together with a specification and plan of the proposed improvements, and if the landlord or his known agent does not, within three months after the receipt of the notice, send notice of objection, in the prescribed manner, to the tenant, the tenant may proceed to make the proposed improvements; but, if the landlord or his agent send such notice objecting to all or any of the improvements, the tenant may, in the prescribed manner, apply to the court, and the court may, if satisfied that the improvement will add to the letting value of the holding, and is reasonable and suitable to the character thereof, and will not diminish the letting value of any other property of the same landlord, sanction all or any of the proposed improvements, making such modifications in the specification or plan as the court thinks fit. (2) Provided always that the landlord may, at any time after receiving the tenant's notice or during the hearing by the court or after the decision of the court, undertake to execute the improvement himself, and may execute the same in a reasonable and proper manner, and charge the tenant with a sum not exceeding five pounds per centum per annum on the outlay incurred in executing the improvement, or at the election of the tenant not exceeding such annual sum payable for a period of twenty-five years as will repay such outlay in the said period, with interest at the rate of three pounds per centum per annum. Any annual sum charged against a tenant under this subsection shall be recoverable as rent. (3) A tenant shall not be entitled to claim compensation in respect of any improvements made after the passing of this Act unless he has given notice thereof under this section, and (in case the landlord has given notice of objection thereto) the improvements have been sanctioned by the court: Provided that where any sanitary authority under the Public Health (Ireland) Acts, 1878 to 1900, or the Housing of the Working Classes (Ireland) Acts, 1890 to 1896, requires the owner or occupier to make any improvements or execute any works in the holding, the occupier, upon the landlord's default, may make or execute (subject to the provisions of the preceding subsection) such improvements or works, and such improvements or works shall be deemed to be improvements within the meaning of this Act.
© 1906 Crown Copyright
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