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TOWN TENANTS (IRELAND) ACT 1906 - SECT 5

Compensation for unreasonable disturbance.

5.(1) Where the landlord, without good and sufficient cause, terminates or
refuses to grant a renewal of the tenancy, or it is proved that an increase of
rent is demanded from the tenant as the result of improvements which have been
effected at the cost of such tenant, and for which he has not, either directly
or indirectly, received an equivalent from the landlord, and such demand
results in the tenant quitting the holding, the tenant upon quitting the
holding shall, in addition to the compensation (if any) to which he may be
entitled in respect of improvements, and notwithstanding any agreement to the
contrary, be entitled to compensation for the loss of goodwill and the expense
which, by reason of his quitting the holding, he sustains or incurs upon or in
connection with the removal of his goods, implements, produce, or stock.

In the event of any difference arising as to any matter under this section,
the difference shall, in default of agreement, be settled by the court.

(2) This section shall apply only to houses, shops, and other buildings
occupied wholly or to a substantial extent for trade or business purposes, and
which are held (a) under tenancies from year to year created after the passing
of this Act, or (b) under leases made after the passing of this Act for terms
of less than thirty-one years, or for a life or lives, or (c) under contracts
of tenancy existing at the passing of this Act where the rent of the holding
is under one hundred pounds per annum.

© 1906 Crown Copyright

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