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NOTICES TO QUIT (IRELAND) ACT 1876

NOTICES TO QUIT (IRELAND) ACT 1876 - LONG TITLE

An Act to render necessary in Ireland a Year's Notice to Quit to
determine a Tenancy from Year to Year, and otherwise to amend the
Law as to Notices to Quit.{1}
[15th August 1876]
Preamble rep. by SLR 1894

NOTICES TO QUIT (IRELAND) ACT 1876 - SECT 1
A year's notice to quit shall be necessary and sufficient to
determine a tenancy from year to year.

1. In any letting which shall take place after the passing of this
Act a year's notice to quit, expiring on any gale day of the
calendar year on which the rent becomes due and payable in respect
of the holding, irrespective of the period of the year when such
tenancy commenced, shall in all cases be necessary and sufficient to
determine a tenancy from year to year of any holding in Ireland,
where a notice to quit is now by law necessary for the
determination of the same, except in the case when a tenant shall
be adjudged a bankrupt, or shall have filed a petition for a
composition or arrangement with his creditors, and in that case a
half year's notice expiring on any gale day, irrespective of the
period of the year when such tenancy commenced, shall be sufficient;
but nothing in this section shall extend to the case of a tenancy
from year to year where there is or may be an express agreement
in writing as to the time and mode of determining such tenancy.

NOTICES TO QUIT (IRELAND) ACT 1876 - SECT 2
A year's notice to quit not necessary in certain tenancies.

2. No notice to quit, other than what was at the time of the
passing of this Act required by law, shall be necessary to
determine a tenancy at will, or a tenancy less than a tenancy from
year to year.

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.

NOTICES TO QUIT (IRELAND) ACT 1876 - SECT 4
Service of notice to quit in case of tenant's intestacy.

4. In any case where a tenant has died or shall die intestate,
and no administration has been taken out to his estate, or in case
a tenant has died or shall die leaving a will which has not been
proved, it shall be sufficient to address a notice to quit "to the
representatives of, and all persons claiming to represent (naming the
tenant), deceased," and it shall not be necessary to otherwise set
out or describe who such representatives are; and such notice to
quit so addressed shall be deemed to be sufficiently served by
leaving one copy of such notice at the former dwelling-house of the
deceased tenant, or posting it on some conspicuous part of the
holding, and sending another copy of such notice in a prepaid
registered post letter addressed in manner above-mentioned and
directed to the townland and county in which the holding, or any
part thereof, is situated, and such notice shall be good and
effectual notwithstanding any subsequent administration or probate
granted to any person or persons whatsoever.

NOTICES TO QUIT (IRELAND) ACT 1876 - SECT 5
Agricultural or pastoral holdings only subject to this Act.

5. This Act shall not apply to any holding which is not
agricultural or pastoral in its character, or partly agricultural and
partly pastoral, and the term "holding" shall include all land of
the same character held by the same tenant of the same landlord
for the same term, and under the same contract of tenancy.

NOTICES TO QUIT (IRELAND) ACT 1876 - SECT 6
Provision as to existing tenancies from year to year.

6. ... in all cases of tenancies from year to year existing at
the time of the passing of this Act, unless there be a special
agreement in writing as to the time and mode of determining such
tenancy, the tenancy shall only be determinable by a notice to quit
expiring on the last gale day of any year, and served six calendar
months previously; and every notice to quit so served and requiring
the tenant to give up possession on such gale day shall be
sufficient to determine the tenancy, irrespective of the period of
the year at which such tenancy commenced, and such tenancy shall be
determined on the day named in such notice in the same manner as
if the tenancy had originally commenced upon a day of the year
corresponding to such day.

S.7 rep. by SLR 1883

NOTICES TO QUIT (IRELAND) ACT 1876 - SECT 8
Short title.

8. This Act may be cited as the Notices to Quit (Ireland) Act,
1876, and shall be construed as one Act with the Landlord and
Tenant (Ireland) Act, 1870, save so far as it ... is inconsistent
with said Act.