RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 28 Under-lessees entitled to require lessors to procure renewals, may petition for grants to themselves by their lessors, and grants to their lessors, and the holders of superior under-leases, by the owners of the superior under-leases, or of the reversions.

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RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 28

Under-lessees entitled to require lessors to procure renewals, may petition for grants to themselves by their lessors, and grants to their lessors, and the holders of superior under-leases, by the owners of the superior under-leases, or of the reversions.

28. It shall be lawful for the owner of an under-lease in perpetuity,
immediately derived out of a lease in perpetuity, where such owner is entitled
to require the owner of the lease in perpetuity to procure the renewal
thereof, and whether the time for renewal of such lease or under-lease has or
has not arrived, to apply to the [High Court of Justice in Northern Ireland]
by petition, in manner herein-before mentioned, praying that a grant may be
executed to the owner of such under-lease under this Act, and also praying
that a like grant may be made by the owner of the reversion to and accepted by
the owner of such lease in perpetuity, and praying such other relief as may be
applicable to the case; and it shall be lawful for the owner of an inferior
under-lease in perpetuity entitled to require the owner of the immediately
superior under-lease in perpetuity to procure a renewal thereof, and whether
the time for the renewal of such inferior under-lease, or of any under-lease
superior thereto, or of the lease in perpetuity, has or has not arrived, to
apply by petition as aforesaid, praying that a grant may be executed to such
first-mentioned owner under this Act, and also praying that the like grant or
grants (as the case may require) may be made to and accepted by the owner of
the immediately superior under-lease in perpetuity, and to and by the owner of
each under-lease in perpetuity (if any) superior to such under-lease, (where
such owner is under the like obligation to the owner of the immediately
inferior under-lease in perpetuity to procure renewal,) and to and by the
owner of the lease in perpetuity, (where such owner is under the like
obligation to the owner of the immediate under-lease in perpetuity to procure
renewal,) from the owner or respective owners from whom a grant or grants
might be required under this Act by such respective owners as aforesaid, and
praying all such other relief in relation to such grant or grants as may be
applicable to the case; and upon such petition being presented it shall be in
the discretion of the court to make an order for hearing thereon, or ex parte
to make an order referring the matter of such petition to the master; and all
such inquiries, directions, orders, and proceedings shall and may be made,
given, and taken, in relation to the several grants prayed for by such
petition, as if such grants had been prayed for by the owners to whom such
grants are thereby prayed to be made; and all the provisions herein contained
in relation to the proceedings by and before the master, his report, and the
execution by him of a grant or counterpart, upon or after a reference to such
master under a petition presented under the provision herein-before contained,
shall extend and be applicable to a reference to the master under a petition
presented under this provision; and where there is any arrear or sum of or in
respect of rent, or any fine or fines, or fees, which under this Act might be
required to be paid before the execution of a grant under this Act, and the
owner to whom such grant should be made neglects or refuses to pay the same
within such time as the master or the court may appoint, it shall be lawful
for any person interested in the lands to be comprised in the grant, or in any
fee-farm rent to be made payable out of such lands or any part thereof, and
who shall be in this behalf authorized by the master or the court, to pay such
arrear or sum of or in respect of rent, and such fine or fines, with interest
thereon, and such fees; and all sums so paid, and the costs (if any) incurred
in relation to such payment, shall be and be deemed a like lien and charge in
favour of the person paying the same, his executors or administrators, and
with the like priority, as herein-before provided in the case of money paid on
account of the redemption of lands from a judgment and execution in ejectment,
and the costs of such redemption, subject only to the priority given to the
charge and lien created in respect of such money and costs as last aforesaid;
and all sums of money paid under this provision, and the costs in relation to
such payment, shall also be recoverable by all the like ways and means, with
the costs of the proceedings for recovery thereof, as money paid for such
redemption as aforesaid, and the costs thereof, are under the provision
herein-before contained recoverable.

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Northern Irish Legislation

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 28