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LEASES ACT 1849

LEASES ACT 1849 - LONG TITLE

An Act for granting Relief against Defects in Leases made under
Powers of Leasing, in certain Cases.{1}
[26th June 1849]
Preamble rep. by SLR 1891[

LEASES ACT 1849 - SECT 1
Interpretation of terms.

1.] In construing this Act words importing the singular number shall
include the plural number, and words importing the plural number
shall include the singular number, and words importing males shall
extend to females, and the word "person" shall include corporations
aggregate or sole, unless in any of the cases aforesaid there be
something in the context repugnant to such construction.

LEASES ACT 1849 - SECT 2
Leases granted under intended exercise of powers, but invalid owing
to deviation from the terms of the powers, to be in certain cases
valid as contracts.

2. Where in the intended exercise of any power of leasing, whether
derived under an Act of Parliament or under any instrument lawfully
creating such power, a lease has been or shall hereafter be
granted, which is, by reason of the non-observance or omission of
some condition or restriction, or by reason of any other deviation
from the terms of such power, invalid as against the person
entitled after the determination of the interest of the person
granting such lease to the reversion, or against other the person
who, subject to any lease lawfully granted under such power, would
have been entitled to the hereditaments comprised in such lease,
such lease, in case the same have been made bona8 fide, and the
lessee named therein, his heirs, executors, administrators, or
assigns, (as the case may require,) have entered thereunder, shall
be considered in equity as a contract for a grant, at the request
of the lessee, his heirs, executors, administrators, or assigns, (as
the case may require,) of a valid lease under such power, to the
like purport and effect as such invalid lease as aforesaid, save so
far as any variation may be necessary in order to comply with the
terms of such power; and all persons who would have been bound by
a lease lawfully granted under such power shall be bound in equity
by such contract: Provided always, that no lessee under any such
invalid lease as aforesaid, his heirs, executors, administrators, or
assigns, shall be entitled by virtue of any such equitable contract
as aforesaid to obtain any variation of such lease, where the
persons who would have been bound by such contract are willing to
confirm such lease without variation.

S.3 rep. by 1850 c.17 s.1

LEASES ACT 1849 - SECT 4
Leases invalid by reason that the grantor could not lawfully grant
them, in certain cases to become valid.

4. Where a lease granted in the intended exercise of any such
power of leasing as aforesaid is invalid by reason that at the
time of the granting thereof the person granting the same could not
lawfully grant such lease, but the estate of such person in the
hereditaments comprised in such lease shall have continued after the
time when such or the like lease might have been granted by him
in the lawful exercise of such power, then and in every such case
such lease shall take effect, and be as valid as if the same had
been granted at such last-mentioned time, and all the provisions
herein contained shall apply to every such lease.

LEASES ACT 1849 - SECT 5
Where grantor of lease has a valid power of leasing it shall be
deemed to be granted in exercise of power.

5. When a valid power of leasing is vested in or may be exercised
by a person granting a lease, and such lease (by reason of the
determination of the estate or interest of such person or otherwise)
cannot have effect and continuance according to the terms thereof,
independently of such power, such lease shall, for the purposes of
this Act, be deemed to be granted in the intended exercise of such
power, although such power be not referred to in such lease.

LEASES ACT 1849 - SECT 6
Saving of rights of lessees under covenants, and lessors' rights of
re-entry.

6. Provided always, that nothing in this Act contained shall extend
or be construed to prejudice or take away any right of action or
other right or remedy to which, but for the passing of this Act,
the lessee named in any such lease as aforesaid, his heirs,
executors, administrators, or assigns, would or might have been
entitled, under or by virtue of any covenant for title or quiet
enjoyment contained in such lease on the part of the person
granting the same, or to prejudice or take away any right of
re-entry or other right or remedy to which, but for the passing of
this Act, the person granting such lease, his heirs, executors,
administrators, or assigns, or other the person for the time being
entitled to the reversion expectant on the determination of such
lease, would or might have been entitled, for or by reason of
breach of the covenants, conditions, or provisoes contained in such
lease, and on the part of the lessee, his heirs, executors,
administrators, or assigns, to be observed and performed.

LEASES ACT 1849 - SECT 7
This Act not to extend to certain leases.

7. This Act shall not extend to any lease by an ecclesiastical
corporation or spiritual person, or to any lease of the possessions
of any college, hospital, or charitable foundation, or to any lease
where, before the passing of this Act, the hereditaments comprised
in such lease have been surrendered or relinquished, or recovered
adversely by reason of the invalidity thereof, or there has been
any judgment or decree in any action or suit concerning the
validity of such lease, ....

S.9 rep. by SLR 1875






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URL: http://www.bailii.org/nie/legis/num_act/la184976.txt