Part I Grant of Feu Right of Property Let under certain Long Leases

General provisions relating to grant of feu right

1 Lessee or sub-lessee under certain long leases may require landlord to grant feu right.

1

Subject to the provisions of this Part of this Act, where any property is let under a lease granted before the tenth day of August, nineteen hundred and fourteen, for a period of not less than fifty years, and such property or a part thereof is occupied as a private dwelling-house forming his usual residence by the lessee under such lease or by the sub-lessee under a sub-lease granted for a period of not less than fifty years, such lessee or sub-lessee so occupying (hereafter in this Part of this Act referred to as the “occupying lessee”) may give notice to the landlord under the lease requiring him to grant a feu right of the property or, where the occupying lessee is so occupying a part only of the property, of such part.

2

Any notice under this section shall be given within five years after the commencement of this Act.

3

In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively:—

  • “landlord” means any person for the time being holding the interest of landlord under a lease;

  • “lease” means such a lease as is mentioned in subsection (1) of this section and does not include a sub-lease;

  • “lessee” means any person for the time being holding the interest of lessee under a lease;

  • “sub-lease” means such a sub-lease as is mentioned in subsection (1) of this section of the property let under a lease or of a part of such property; and

  • “sub-lessee” means any person for the time being holding the interest of lessee under a sub-lease.

4

For the purposes of this Part of this Act,

a

where a lease or a sub-lease has been assigned byex facieabsolute assignation, the person for the time being having the right of reversion in such lease or sub-lease shall be deemed to hold the interest of lessee thereunder;

b

any garden, yard, garage, outhouse or pertinent belonging to and occupied along with any dwelling-house shall be deemed to form part of such dwelling-house;

c

a dwelling-house shall be deemed to be occupied as a private dwelling-house notwithstanding that a part thereof is used as a shop or office or for business, trade or professional purposes other than the sale of exciseable liquor for consumption on the premises.