Qualification Grounds
Landlord and Tenant (Ground Rents) Act, 1978
Definitions.
1.—In this Act—
“the Act of 1958” means the Landlord and Tenant (Reversionary Leases) Act, 1958 ;
“the Act of 1967” means the Landlord and Tenant (Ground Rents) Act, 1967 ;
“dwelling” does not include a separate and self-contained flat in premises divided into two or more such flats;
“person” includes his personal representatives and successors in title.
Restriction on right to create leases of dwellings.
2.—(1) Subject to subsection (2), a lease of land made after the passing of this Act shall be void if the lessee would, apart from this section, have the right under section 3 of the Act of 1967 to enlarge his interest into a fee simple and the permanent buildings are constructed for use wholly or principally as a dwelling.
(2) Subsection (1) shall not apply where the lease is a reversionary lease under the Act of 1958.
(3) The construction of permanent buildings for use wholly or principally as a dwelling on land which is held under a lease made after the passing of this Act shall render the lease void if the existence of the buildings, as so constructed, immediately before the making of the lease would have rendered the lease void under subsection (1).
(4) A person who has given consideration for a lease that is void under subsection (1) shall have the right to acquire the fee simple in the land and any intermediate interests therein as if he were a person to whom section 3 of the Act of 1967 applies at the expense, as to both purchase money and costs, of the person who purported to grant the lease.
(5) (a) Where, immediately before the passing of this Act—
(i) a person holds land under a lease for a term of not less than ninety-nine years, of which at least fifty years are unexpired, and
(ii) permission exists under Part IV of the Local Government (Planning and Development) Act, 1963 (including permission granted on an outline application under regulations made under section 25 of that Act) for the development of the land, wholly or mainly by the construction of dwellings,
that person shall, during the period of one year after such passing, have the right to acquire under the Act of 1967 the fee simple in the land and any intermediate interests therein, except in a case in which he has entered into an enforceable agreement with another person for the assignment to that person of his interest under the lease or for the grant of a lease for a term of not less than ninety-nine years, in which case the latter person shall during that period of one year have such right.
(b) Section 18 (1) (b) of the Act of 1967 (which refers to the maximum purchase price) shall not apply in any such case.
(6) Where the trustees of a trust established by any enactment for the provision of dwellings are prevented by reason of this section from disposing of such dwellings to their tenants by way of lease, they shall be empowered in lieu thereof to dispose of them to their tenants by the grant of the fee simple.
(7) Where a lease is rendered void under subsection (3)—
(a) a sublease of any portion of the land shall not be terminated thereby, if the buildings referred to in subsection (3) are not constructed, either wholly or in part, on that portion,
(b) the person who would, but for this subsection, become entitled by virtue of the voidance to the possession of the land comprised in the sublease shall become entitled to the reversion on the sublease and to the benefit of the rent reserved by and the covenants and conditions contained in the sublease, and
(c) the sublessee shall, from the date of the voidance, hold the land demised to him at whichever of the following rents is the greater—
(i) the rent reserved by the sublease, or
(ii) such portion of the rent reserved by the avoided lease as is fairly attributable to the land comprised in the sublease.
(8) Where a dispute arises in regard to the apportionment of the rent under subsection (7) (c) (ii), the matter shall be determined under section 17 of the Act of 1967 (which refers to the determination of certain matters by arbitration).
(9) In subsection (7), references to a sublease or sublessee include, where appropriate, references to an assignment and to an assignee, his personal representatives and successors in title.
Extension of section 2.
3.—(1) Section 2 shall extend to a lease which would be a lease to which section 4 of the Act of 1958 applies if, in substitution for paragraph (d) of subsection (2) of that section, the following paragraph were substituted:
“(d) that the lease, being a lease for a term of not less than fifty years, was made—
(i) partly in consideration of the payment of a sum of money (other than rent) by the lessee to the lessor at or immediately before the grant of the lease and for this purpose any money paid in redemption of any part of the rent reserved by the lease (whether the money was paid in pursuance of a covenant in the lease or in pursuance of an agreement made between the lessee and the lessor during the currency of the lease) shall be deemed to be part of the consideration, or
(ii) partly in consideration of the expenditure (otherwise than on decoration) of a sum of money by the lessee on the premises demised by the lease, or
(iii) partly in consideration of both that payment and that expenditure and that the sum so paid or expended or the total of those sums was not less than fifteen times the yearly amount of the rent or the greatest rent reserved by the lease, whichever is the less.”
(2) In determining, for the purposes of subsection (1) the greatest rent reserved by a lease the following provisions shall have effect:
(a) where during the currency of a lease part of the rent is redeemed by a capital payment, the reduced rent shall be deemed to be the greatest rent reserved by the lease;
(b) a penal rent payable for any breach of covenant and any exceptional rent reserved for a specified period not exceeding five years shall be disregarded.
Sales of dwellings by housing authority.
4.—(1) The power conferred by section 90 of the Housing Act, 1966 , on a housing authority to vest a dwelling provided by them under that Act in a tenant or other person shall, after the passing of this Act, be exercisable only by the vesting of the fee simple in the dwelling subject to such terms and conditions as may be specified in the transfer order under that section.
(2) The following special conditions, in particular, shall be specified in every transfer order vesting a dwelling in the tenant thereof:
(a) the dwelling shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser’s successor in title or by a member of the purchaser’s family or the family of his successor in title, and
(b) the dwelling or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.
(3) The special conditions mentioned in subsection (2) shall apply in relation to the dwelling for the period of twenty-five years from the date of vesting and shall be binding upon the purchaser, his personal representatives and successors in title during that period.
Short title, construction and collective citation.
5.—(1) This Act may be cited as the Landlord and Tenant (Ground Rents) Act, 1978.
(2) The Landlord and Tenant Acts, 1931 to 1971, and this Act shall be construed together as one Act and may be cited together as the Landlord and Tenant Acts, 1931 to 1978.
Landlord and Tenant (Ground Rents) (No 2) Act, 1978.
Short title, construction and collective citation.
1.—(1) This Act may be cited as the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978.
(2) The collective citation, the Landlord and Tenant Acts, 1931 to 1978, shall include this Act and those Acts and this Act shall be construed together as one Act.
Commencement.
2.—This Act shall come into operation on the 1st day of August, 1978.
Definitions.
[New in pt. cf. 1931, s.2; 1958, s.2; 1967, s.2 (1)]
3.—In this Act, except where the context otherwise requires—
“the Act of 1931” means the Landlord and Tenant Act, 1931 ;
“the Act of 1958” means the Landlord and Tenant (Reversionary Leases) Act, 1958 ;
“the Act of 1967” means the Landlord and Tenant (Ground Rents) Act, 1967 ;
“the Court” means the Circuit Court;
“dwelling” does not include a separate and self-contained flat in premises divided into two or more such flats;
“dwellinghouse” has the meaning assigned by section 19;
“immediate lessor” means the person for the time being entitled to the next superior interest in land held by any person whether under a lease or other contract of tenancy, or otherwise;
“lease” means an instrument in writing, whether under or not under seal, containing a contract of tenancy in respect of any land in consideration of a rent or return and includes a fee farm grant;
“lessee” includes the personal representatives and successors in title of a lessee;
“lessor” includes the personal representatives and successors in title of a lessor;
“the Minister” means the Minister for Justice;
“notice”, in relation to the acquisition of the fee simple, means, where notices are required to be served under section 4 of the Act of 1967 on more than one person, the first served of those notices;
“statutory tenancy” means a statutory tenancy under the Rent Restrictions Act, 1946 , or the Rent Restrictions Act, 1960 .
Restriction on application to State, etc
4(1) This Act shall not bind—
(a)a Minister of the Government,
(b)the Commissioners of Public Works in Ireland,
(c)Industrial Development Agency (Ireland),
(d)Shannon Free Airport Development Company, or
(e)Udarás na Gaeltachta.
(2) Subsection (1) is in addition to any other enactment imposing a restriction on the application of this Act.5
Regulations.
[cf. 1931, s.7; 1967, s.34]
5.—(1) The Minister may make regulations for the purpose of giving full effect to the provisions of this Act including the prescribing of forms.
(2) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.
Expenses.
[cf. 1931, s.8]
6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
7.—(1) The following provisions of the Act of 1967 are hereby repealed: sections 3 (except subsection (5)), 5 (1) (2), 18 and 31.
(2) The reference in section 3 (5) of the Act of 1967 to a certificate of the Commissioner of Valuation shall have effect as if for the reference to “paragraph (d) of subsection (2) of this section” there were substituted a reference to Part II of this Act.
PART II
General Right
General right to acquire fee simple
8 A person to whom this Part applies shall, subject to the provisions of this Part, have the right as incident to his existing interest in land to enlarge that interest into a fee simple, and for that purpose to acquire by purchase the fee simple in the land and any intermediate interests in it and the Act of 1967 shall apply accordingly.
Right of lessee
9(1) This Part applies to a person who holds land under a lease, if the following conditions are complied with:
(a)that there are permanent buildings on the land and that the portion of the land not covered by those buildings is subsidiary and ancillar to them;
(b)that the permanent buildings are not an improvement within the meaning of subsection (2)
(c)that the permanent buildings were not erected in contravention of a covenant9 in the lease; and
(d)one of the alternative conditions set out in section 10.
(2) In subsection (1)(b) ‘improvement’ in relation to buildings means any addition to or alteration of the buildings and includes any structure which is ancillary or subsidiary to those buildings, but does not include any alteration or reconstruction of the buildings so that they lose their original identity.
(3) Where it is claimed that a lease complies with this Part on the ground that the permanent buildings were erected in pursuance of an agreement for the grant of the lease on their erection but express evidence of the agreement is not available, the following provisions shall have effect:
(a)if it is proved that the buildings were erected by the person to whom the lease was subsequently made, it shall be presumed, until the contrary is proved, that the agreement was in fact made and that the buildings were erected in accordance with it;
(b)in any other case, the arbitrator20 may, if he so thinks proper on hearing such evidence as is available and is adduced, presume that the agreement was in fact made and that the buildings were erected in accordance with it.
(4) Permanent buildings erected by a lessee in pursuance of a covenant in his lease to reinstate the buildings comprised in the lease in the event of their destruction by fire or otherwise shall be deemed to have been erected by the person who erected the original buildings.
(5) The arbitrator may declare a person to be a person to whom this Part applies notwithstanding that the buildings were, in whole or in part, erected in contravention of a covenant,28 if he is of opinion that it would be unreasonable to order otherwise.
Alternative conditions to be complied with
10.The following are alternative conditions one of which must also be complied with in a case to which section 9 relates:
1 that the permanent buildings3were erected by the person who at the time of their erection was entitled to the lessee’s interest under the lease or were erected in pursuance of an agreement for the grant of the lease upon the erection of the permanent buildings
2 that the lease is for a term of not less than fifty years and the yearly amount of the rent or the greatest rent reserved thereunder (whether redeemed at any time or not) is of an amount that is less than the amount of the rateable valuation of the property at the date of service under section 4 of the Act of 1967 of notice of intention to acquire the fee simple or the date of an application under Part III of this Act, as the case may be, and that the permanent buildings on the land demised by the lease were not erected by the lessor or any superior lessor or any of their predecessors in title:
provided that it shall be presumed, until the contrary is proved, that the buildings were not so erected;
3 that the lease was granted by a lessor to the nominee of a person (in this paragraph referred to as the builder) to whom land was demised for the purpose of erecting buildings thereon in pursuance of an agreement between the lessor and the builder that the builder having contracted to sell the buildings would surrender his lease in consideration of the lessor granting new leases to the builder’s nominees;
4 that the lease was granted by a lessor to the nominee of a person (in this paragraph referred to as the builder) in pursuance of an agreement between the lessor and the builder that the lessor, upon the erection of the buildings by the builder, would grant leases to the builder’s nominees;
5 [that the lease was granted, either at the time of the expiration or surrender of a previous lease or subsequent to such expiration or surrender —
(a)at a rent less than the rateable valuation of the property at the date of the grant of the lease, or
(b)to the person entitled to the lessee’s interest under the previous lease,
provided that the previous lease [expired or was surrendered before the 31st day of March, 1931, and that it] would have been a lease to which this Part would have applied had this Act then been in force and provided that it shall be presumed, until the contrary is proved, that the person to whom the lease was granted was so entitled;]
6 that the lease is a reversionary lease granted on or after the 31st day of March, 1931, to a person entitled thereto under Part V of the Act of 1931 or the Act of 1958, whether granted on terms settled by the Court or negotiated between the parties;
71 that the lease, being a lease for a term of not less than fifty years, was made —
(a)partl in consideration of the payment of a sum of money (other than rent) by the lessee to the lessor at or immediately before the grant of the lease and, for this purpose, any money paid in redemption of any part of the rent reserved by the lease (whether the money was paid in pursuance of a covenant in the lease or in pursuance of an agreemen made between the lessee and the lessor during the currency of the lease) shall be deemed to be part of the consideration, or
(b)partly in consideration of the expenditure (otherwise than on decoration) of a sum of money by the lessee on the premises demised by the lease, or
(c)partly in consideration of both that payment and that expenditure,
where the sum so paid or expended or the total of those sums was not less than fifteen times the yearly amount of the rent or the greatest rent reserved by the lease, whichever is the less.
11
Greatest rent under section 10
11. In determining for the purposes of section 10 the greatest rent reserved by a lease the following provisions shall have effect:
(a)where during the currency of a lease part of the rent is redeemed by a capital payment, the reduced rent shall be deemed to be the greatest rent reserved by the lease;
(b)a penal rent payable for any breach of covenant and any exceptional rent reserved for a specified period5 not exceeding five years shall be disregarded.
12
Extension of section 10, condition 7
A lease for a term of not less than fifty years shall be deemed to comply with condition 7 in section 10 if —
(a)the lease was granted partly in consideration of an undertaking by the lessee to carry out specified works on the premises demised by the lease,
(b)the amount to be expended on the works was not specified,
(c)the works were carried out by the lessee, and
(d)it is proved that the reasonable cost of the works taken either alone or together with any fine or other payment4 mentioned in that condition was not less than fifteen times the yearly amount of the rent or the greatest rent reserved by the lease, whichever is the less.
14 Partly-built leases
(1) Where a person holds land under a lease (in this section referred to as a partly-built lease) which would entitle him to acquire the fee simple but for the fact that the portion of the land which is not covered by the permanent buildings is not wholly subsidiary and ancillary to those buildings, the following provisions of this section shall have effect.
(2) The partly-built lease shall, for the purposes of this Act, be deemed to comprise two separate leases as follows:
(a)one lease (in this section referred to as the built-on lease) comprising that portion of the land demised by the partly-built lease which is covered by the permanent buildings, together with so much of the land as is subsidiary and ancillary to those buildings, and
(b)the other lease (in this section referred to as the vacant lease) comprising the residue of the said land.
(3) For the purposes of the division of the partly-built lease, such portion of the rent reserved by that lease as is fairly attributable to the land comprised in the built-on lease shall be apportioned to the built- on lease and the remainder of the said rent shall be apportioned to the vacant lease, and the covenants on the lessee’s part and the conditions contained in the partly-built lease shall be apportioned likewise so as to relate separately to the land comprised in the built-on lease and to the land comprised in the vacant lease.
(4) The built-on lease shall be a lease to which this Part applies.
Right of yearly tenant
15 (1) This Part also applies to a person who holds land in the following circumstances —
(a)that the land is covered wholly or partly by permanent buildings and any land not so covered is subsidiary and ancillary to those buildings;
(b)that the land is held under a contract of yearly tenancy or under a yearly tenancy arising by operation of law or by inference on the expiration of a lease, or under a statutory tenancy implied by holding over property on the expiration of a lease7 which reserves a yearly rent;
(c)that the land has been continuously held under any one or more of the tenancies referred to in paragraph (b) (including any expired lease) by the person or his predecessor in title for a period of not less than twenty-five years prior to the date of service by the person of notice of intention under section 4 of the Act of 1967 to acquire the fee simple or the date of an application under Part III of this Act;
(d)[that, either —
(i)the yearly rent is less than the rateable valuation of the property at the date of service of that notice of intention or application, or
(ii)it is proved that the permanent buildings were erected by the tenant or a predecessor in title.]
(e)that the permanent buildings were not erected by the immediate lessor or any superior lessor or any of their predecessors in title, provided, however, that it shall be presumed until the contrary is proved that the permanent buildings were not so erected;
(f)that the contract of tenancy is not a letting which is made and expressed to be made for the temporary convenience of the immediate lessor or of the person holding under the contract and, if the letting was made after the passing of the Act of 1931, stating the nature of the temporary convenience, and
(g)that the contract of tenancy is not a letting which is made for or dependent on the continuance of the person holding under the contract in any office, employment or appointment.
(2) Where land (in this section referred to as a partly-built holding) would be land in relation to which this section applies but for the fact that the portion of the land which is not covered by the permanent buildings is not wholly subsidiary and ancillary to those buildings, subsections (3), (4) and (5) shall have effect.
(3) The partly-built holding shall, for the purposes of this Part, be deemed to comprise two separate holdings as follows:
(a)one holding (in this section referred to as the built-on holding) comprising that portion of the land which is covered by the permanent buildings, together with so much of the land as is subsidiary and ancillary to those buildings, and
(b)the other holding (in this section referred to as the vacant holding) comprising the residue of the land.
(4) For the purposes of the division of the partly-built holding, such portion of the rent for the holding as is fairly attributable to the land comprised in the built-on holding shall be apportioned18 to the built-on holding and the remainder of the rent shall be apportioned to the vacant holding, and the covenants on the part of the person holding the land and the conditions attached to the tenancy of the partly-built holding shall be apportioned likewise so as to relate separately to the land comprised in the built-on holding and to the land comprised in the vacant holding.
(5) The built-on holding shall be land in relation to which this section applies.
Restrictions on right to acquire fee simple
16 (1) Section 8 does not apply, in relation to any land, to a person who has been declared by virtue of section 15(1) of the Act of 1958 not to be entitled to a reversionary lease of the land under that Act and who is in possession of the land under a lease or tenancy or by virtue of subsection (2) of the said section 15.
(2) A person shall not be entitled to acquire the fee simple under this Part if the lease on which such right is based is —
(a)a lease of land which is used for the purposes of business or includes a building divided into not less than four separate and self-contained flats being a lease which contains provisions enabling the amount of the rent reserved by the lease to be altered within twenty-six years from the commencement of the lease (not being provisions enabling such rent to be altered once only and within five years9 from such commencement or upon the erection after such commencement of any buildings upon the land or upon the breach of a covenant11 in the lease), or
(b) a lease granted before the commencement of the Act of 1967 of land which is used for the purposes of business, being a lease which contains provisions requiring the lessee to carry on business on the land which is restricted in whole or in part to dealing in commodities produced or supplied by the lessor, or
(c)a lease of land containing a covenant by the lessee to erect a building or buildings or carry out development on the land if and so long as the covenant has not been substantially complied with, or
(d)a lease made by the Commissioners of Irish Lights,or
(e)a lease made by a harbour authority, within the meaning of the Harbours Act 1946, whether before or after the passing of that [Act, or]
[(f)subject to subsection (3), a sublease of land granted by a lessee who is not a person to whom this Part applies—
(i)on or after 27 February 2006, or
(ii)before that date, unless before that date—
(I)a notice of intention to acquire the fee simple in the land was served by the sublessee in accordance with section 4 of the Act of 1967, or
(II)an application was made by the sublessee to the Registrar of Titles under Part III of this Act.]
[(3) Subsection (2)(f) does not apply where—
(a)at the date on which the sublease is granted, the sole reason why the lessee is not a person to whom this Part applies is that a covenant by the lessee to erect permanent buildings on the land has not been substantially complied with, and
(b)after that date, the covenant is substantially complied with by the sublessee.
(4) In this section, ‘sublessee’ includes the personal representatives and successors in title of a sublessee.]
Dwellinghouses.
[New]
19.—This Part applies to land to which Part II applies where the permanent buildings are constructed for use wholly or principally as a dwelling and are so used and such land is referred to in this Act as a dwellinghouse.
Vesting by consent.
20.—A person who is entitled to acquire the fee simple in a dwellinghouse by virtue of Part II may, with the consent of every person who would be a necessary party to the conveyance to him of the fee simple free from incumbrances, apply to the Registrar of Titles to vest the premises in him under section 22.
Arbitration.
21.—(1) A person who claims to be entitled to acquire the fee simple in a dwellinghouse by virtue of Part II may, without any consent referred to in section 20, apply to the Registrar of Titles to have the premises vested in him under section 22 and he shall serve notice of his application upon the immediate lessor. Service of a notice may be effected in any manner provided for by section 63 of the Act of 1931 or section 23 of the Act of 1967.
(2) The Registrar may, however, dispense with service under subsection (1) where the applicant satisfies him that it is not reasonably practicable to effect such service. In any such case, the Registrar shall serve notice of the application on every person who appears to him to be the owner of any estate, interest or incumbrance which would be extinguished by the issue of a certificate under section 22 (1), so far as it is reasonably practicable to ascertain such persons.
(3) The Registrar of Titles shall determine the application by arbitration.
(4) The provisions of the Act of 1967 shall apply for the purposes of this Part with the substitution, for references to the county registrar, of references to the Registrar of Titles.
(5) An appeal to the Court under section 22 of the Act of 1967 against an award, order or other decision of the Registrar as arbitrator shall be heard and determined by a Judge of the Court for the time being assigned to the circuit in which are situate the premises or any part of the premises in relation to which the appeal is taken.
Vesting certificate.
22 Vesting certificate
(1) Where —
(a)the [Property Registration Authority] is satisfied that an application under section 20 has been duly made, or
(b)the [Property Registration Authority] as arbitrator or the Court on appeal is satisfied that the applicant under section 21 is entitled to acquire the fee simple,
the [Property Registration Authority] shall, subject to subsection (2), issue a certificate (in this section referred to as a ‘vesting certificate’) which shall, subject to subsection (3), operate to convey free from incumbrances the fee simple and any intermediate interests in the dwellinghouse on the date specified in that behalf in the certificate.
(2) Before issuing a vesting certificate the [Property Registration Authority] shall satisfy [itself] that the purchase price has been paid or deposited with him, that the prescribed fees have been discharged and that rent for the dwellinghouse (other than arrears an action for the recovery of which is statute-barred) has been paid up to date.
(3) The vesting certificate shall be deemed to be a conveyance on sale for the purposes of sections 24 and 25 of the Registration of Title Act 1964 (which provide for the extension of compulsory registration of ownership) and shall be deemed to be an instrument in the prescribed form for the purposes of section 51 of that Act (which provides for transfer of registered land).
(4) In a case to which subsection (3) relates the [Property Registration Authority] shall, on being supplied with any further documents which [it] may require, provide for registration of the title under the Registration of Title Act 1964.
(5) The [Property Registration Authority] shall serve notice23 of the grant of a vesting certificate on arbitration on every person who appears to him to have been the owner of any estate, interest or incumbrance extinguished by virtue of subsection (1), so far as it is reasonably practicable to ascertain such persons.
(6) A person who claims to be entitled, as the owner of any estate, interest or incumbrance extinguished by virtue of subsection (1), to payment of the purchase money or any part of it deposited with the [Property Registration Authority] may apply to the [Property Registration Authority] as arbitrator for an award and the arbitrator shall, after serving reasonable notice of the claim on each of the persons notified under subsection (5), make such award and give such directions as he thinks just for the disbursement and distribution of the purchase money.
(7) The [Property Registration Authority] may, if [it] thinks proper, lodge in Court any money deposited with him under this section and the jurisdiction conferred on him under subsection (6) shall thereupon be exercised by a Judge of the Court for the time being assigned to the circuit in which are situate the premises or any part of the premises in relation to which the money is lodged.
Fees
23(1) The fee to be taken in the [Property Registration Authority]
(a)for the issue of a vesting certificate under section 22 shall, where the applicant is in occupation of the dwellinghouse, be [€30];
(b)for an arbitration under section 21 shall, where the applicant is in occupation of the dwellinghouse, be [€75] which shall be in addition to7 the fee to be taken under paragraph (a).
(2) The Minister, with the consent of the Minister for Finance, may by order fix the fees to be taken in the Land Registry for the purposes of this Part9 [words repealed by s 3(2) of the Landlord and Tenant (Ground Rents) (Amendment) Act 1984] and may revoke or amend any such order.
(3) the fees shall, so far as is possible, be so fixed as to meet the full cost of dealing with the relevant application.
(4) The applicant shall be liable for the payment of the fee to be taken for the issue of the vesting certificate and, subject to subsection (5), he shall also be liable for the payment of the fee to be taken for the arbitration.
(5) Where the applicant is in occupation of the dwellinghouse neither he nor any other party shall be liable to make any payment, apart from the fees fixed by or under this section, to the [Property Registration Authority] in respect of the arbitration or vesting, save that where in the opinion of the [Property Registration Authority], any party to the arbitration has behaved unreasonably (whether by act or omission), or has, without reasonable cause
(a)refused or failed to comply with a provision of this Act or delayed in so complying, or
(b)refused or failed to reach agreement or delayed in reaching agreement in relation to any matter under this Act,
and thereby occasioned the incurring of the whole or part of the cost of dealing with the arbitration, the [Property Registration Authority] may direct that the whole or a specified part of such cost shall be paid by that party.
(6) Sections 9 and 19(1) of the Act of 1967 (which provide for the costs of an arbitration) shall not apply where the applicant is in occupation of the dwellinghouse.
(7) Section 14(2) of the Registration of Title Act 1964, shall not apply to the taking of fees in relation to the functions of the [Property Registration Authority] under this Act.
Acquisition of fee simple from housing authority
26 (1) Where a housing authority have leased to a tenant a dwelling provided by them under statutory authority, the tenant shall be entitled to acquire from them the fee simple in the dwelling subject to the provisions of this section.
(2) The terms and conditions specified in the instrument by which the lease was effected (other than a condition for the payment of rent) shall continue to apply in relation to the dwelling for the period of twenty- five years from the date of the lease or for the period during which any part of the purchase price of the leasehold interest remains unpaid, whichever is the greater.
(3) Where the rent reserved by the lease contains an element in respect of the repayment of the purchase price of the leasehold interest, the housing authority shall certify the amount of the purchase price and the amount of the rent attributable to the repayment of that amount, and the amount of such purchase price shall stand charged on the property from the date of acquisition of the fee simple.
(4) Where a housing authority have leased a dwelling provided by them under statutory authority, to a person other than a tenant thereof, the lessee shall be entitled to acquire from them the fee simple in the dwelling and any condition specified in the instrument by which the lease was effected in respect of the repayment of the purchase price of the leasehold interest or in respect of the refund of a subsidy shall attach to the fee simple.
(5) The purchase price of the fee simple shall not exceed the amount provided for under section [7(5) of the Landlord and Tenant (Amendment) Act, 1984] taking the rent referred to in that subsection as being the amount thereof less any amount attributable to the repayment of the purchase price of the leasehold interest.
(6) Every term and condition attaching to the grant of the fee simple pursuant to this section shall be binding upon the purchaser thereof, his personal representatives and successors in title.
(7) A vesting of the fee simple under this section shall be effected by a transfer order under section 90 of the Housing Act 1966.
(9) Where a housing authority has not the fee simple in any land on which it has provided dwellings under statutory authority, the authority shall be entitled to acquire the fee simple and for that purpose the provisions of Part II shall apply to the authority.
(10) In this section ‘statutory authority’ shall be construed as including the Housing Act 1966, and any Act repealed by that Act.
(11) In this section references to a lease are to the grant of a leasehold interest in consideration of a purchase price.
Covenant for re-entry for non-payment of ground rent for dwellinghouse
27(1) Where a person is entitled to acquire the fee simple in a dwellinghouse by virtue of Part II a covenant giving the lessor a right to re-enter and take possession of the premises where rent is in arrear shall not be enforceable against him but this shall not affect any other civil remedy4 of the lessor.
(2) Section 52 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 (which provides for proceedings for ejectment for nonpayment of a year’s rent) shall not apply to a dwellinghouse to which subsection (1) relates.
Effect of acquisition of fee simple on covenants
28 [(1) Subject to subsection (1A),where a person to whom Part II of this Act applies acquires the fee simple in land under the Act of 1967 or Part III of this Act—
(a)covenants (except any of those specified in subsection (2)) affecting the land in the lease under which the person held the land thereupon cease to have effect, and
(b)no new covenant affecting the land shall be created when the fee simple is being conveyed, except with the person’s agreement.
(1A) Subsection (1) has effect where the fee simple in the land concerned is acquired on or after 27 February 2006, unless before that date—
(i)a notice of intention to acquire the fee simple was served by the person in accordance with section 4 of the Act of 1967,9 or
(ii)an application was made by the person to the [Property Registration Authority] under Part III of this Act.]
(2) In the case of a covenant—
(a)which protects or enhances the amenities of any land occupied by the immediate lessor of the grantee, or
(b)which relates to the performance of a duty imposed by statute on any such person, or
(c)which relates to a right of way over the acquired land or a right of drainage or other right necessary to secure or assist the development of other land, the covenant shall, notwithstanding anything contained in this Act, continue in full force and effect and shall be enforceable as follows:
(i)in the case of a covenant which does not relate to a right of way, right of drainage or other right aforesaid, by any such person or his personal representatives or successors in title, as if the acquisition had not occurred, and
(ii)in the case of a covenant which does so relate, by any person aggrieved by breach of the covenant.
(3) In any case where the fee simple in land was acquired since the commencement of the Act of 1967 by a person who had an interest in the land, any covenant subject to which the grantee held the land, other than a covenant specified in subsection (2), shall be deemed to have ceased to have effect at the date of the acquisition.
(4) Section 72(1) of the Registration of Title Act 1964 (which relates to burdens that affect land without registration) is hereby amended by the insertion of:
‘(r) covenants which continue in force by virtue of section 28 of the Landlord and Tenant (Ground Rents) (No 2) Act 1978’.
Effect of acquisition of fee simple on mortgages
29 Upon conveyance of the fee simple in land, under this Act or otherwise, to a person whose previous interest in the land was subject to a mortgage or charge (including a mortgage by subdemise4) the mortgage or charge shall, if it has not been extinguished, be deemed to be a mortgage or charge on the fee simple in the land.
Other Ground Rent Acts
1984 Act
4 Amendment of section 26 of Act (No. 2) of 1978
(1) In the case of an application made on or after the 1st day of August, 1984, for a transfer order pursuant to section 26 of Act (No. 2) of 1978, the fee to be taken by a housing authority for the issue of the order shall, subject to subsection (2), be £202 and section 26(8) of that Act shall cease to have effect in any such case.
(2)3 The Minister for the Environment may, with the consent of the Minister for Finance, by order fix the fee to be taken from time to time for the issue of a transfer order pursuant to section 26 of Act (No. 2) of 1978.
Landlord and Tenant (Ground Rents) (Amendment) Act 1987
2 Short title, construction and collective citation
(2) The Landlord and Tenant Acts, 1967 to 1984 and this Act shall be construed together as one Act and may be cited together as the Landlord and Tenant Acts, 1967 to 1987.
Landlord and Tenant (Ground Rents) Act 2005
(1) This Act may be cited as the Landlord and Tenant (Ground Rents) Act 2005.
(2) The Landlord and Tenant Acts 1967 to 1994 and this Act may be cited together as the Landlord and Tenant Acts 1967 to 2005.
4 Sales of dwellings by housing authority
(1) The power conferred by section 90 of the Housing Act 1966, on a housing authority to vest a dwelling provided by them under that Act in a tenant or other person shall, after the passing of this Act, be exercisable only by the vesting of the fee simple in the dwelling subject to such terms and conditions as may be specified in the transfer order under that section.
(2) The following special conditions, in particular, shall be specified in every transfer order vesting a dwelling in the tenant thereof:
(a)the dwelling shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser’s successor in title or by a member of the purchaser’s family or the family of his successor in title, and
(b)the dwelling or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.
(3) The special conditions mentioned in subsection (2) shall apply in relation to the dwelling for the period of twenty-five years from the date of vesting and shall be binding upon the purchaser, his personal representatives and successors in title during that period.
S.I. No. 43/1967 –
Landlord and Tenant (Ground Rents) Act, 1967 (Forms) Regulations, 1967
LANDLORD AND TENANT (GROUND RENTS) ACT, 1967 (FORMS) REGULATIONS, 1967
I, BRIAN LENIHAN, Minister for Justice, in exercise of the powers conferred on me by section 34 of the Landlord and Tenant (Ground Rents) Act, 1967 (No. 3 of 1967), hereby make the following regulations :
1. These Regulations may be cited as the Landlord and Tenant (Ground Rents) Act, 1967 (Forms) Regulations, 1967.
2. These Regulations shall come into operation on the 1st day of March, 1967.
3. The forms set out in the Schedule to these Regulations are hereby prescribed for the purposes of the Landlord and Tenant (Ground Rents) Act, 1967 (No. 3 of 1967).
SCHEDULE
Form No. 1
Landlord and Tenant (Ground Rents) Act, 1967
Notice of intention to acquire fee simple (section 4) (see Note A)
Date……………………
To…………………………………………
1. Description of land to which this notice refers (Note B) ………………………………………………..
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
2. Particulars of applicant’s lease or tenancy (Note C) …………………………………………………… ..
…………………………………………………… …………………………………………………… …………………
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
3. Part of lands excluded, if any (Note D) …………………………………………………… ………………..
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
Take notice that I, ………, being a person entitled under section 3 of the above Act, propose to purchase the fee simple in the land described in Paragraph 1.
Signature :……………………………
Address : …………………………….
……………………………..
Notes
A. section 4 of the act provides that notice should be served by a person who proposes to acquire the fee simple on the person entitled to the next superior interest in the land, each superior lessor and any person who is the owner of an incumbrance.
B. Sufficient particulars should be given to identify the property.
C. State amount of rent and whether the land is held on a yearly tenancy or under a lease. If the land is held under a lease, state date of lease, length of term and parties to the lease.
D. This need only be completed when the applicant proposes to purchase the fee simple in part only of the land demised under the lease. He may exclude from this notice part of such land which he has subleased under a building or proprietary lease where he has not received the consent of the sublessee to his purchasing the fee simple in the subleased part (see section 5 of the act).
N.B. The applicant will be liable for the payment of the reasonable costs and expenses actually and necessarily incurred in complying with the provisions of the Act by every person upon whom this notice is served. If the applicant subsequently decides to discontinue the acquisition of the fee simple he should serve Form No. 4 on the service of which his liability for the payment of any such costs and expenses subsequently incurred by such persons will cease.
Form No. 2
Landlord and Tenant (Ground Rents) Act, 1967
Notice requiring information from a lessor (section 7(1)) (see Note A)
Date :………………………
To ………………..(Note B)
1. Description of land to which this notice refers (Note C) ……………………………………………….
…………………………………………………… …………………………………………………… …………………
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
2. Particulars of applicant’s lease (Note D)…………………………………………………… ……………….
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
Take notice that I, ………. being a person entitled under the above Act to acquire the fee simple in the land described above, require you to give me, within one month after the service of this notice on you, the following information—
(a) the nature and duration of your reversion in the land,
(b) the nature of any incumbrance on your reversion in the land, and
(c) the name and address of:—
(i) the person entitled to the next superior interest in the land, and
(ii) the owner of any such incumbrance,
(d) ……………….. (Note E)
Signature:……………………………
Address: ……………………………
………………………………..
Notes
A. section 7 of the act provides for the service of this notice and for the duty to comply within one month.
B. The notice may be served on—
(i) the immediate lessor, and
(ii) each other person having a superior interest in the land.
C. Sufficient particulars should be given to identify the property.
D. State amount of rent, date of lease, length of term and parties to the lease.
E. State here the nature of any other information reasonably necessary for the purpose of securing the joinder of all necessary parties in the conveyance of the fee simple.
Form No. 3
Landlord and Tenant (Ground Rents) Act, 1967
Notice requiring information from a person receiving rent (section 7(2)) (See Note A)
Date :………………………
To………………………………………….
1. Description of land in respect of which the rent is received (Note B) ……………………………….
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
2. Particulars of lease, the lessor under which cannot be found or ascertained (Note C) ………….
…………………………………………………… …………………………………………………… ………………..
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
Take notice that I, ………. being a person entitled to acquire the fee simple in the above land under the above Act, require you to give, within one month after the service of this notice on you, the following information—
(i) the name and address of the person to whom the rent under the lease referred to in paragraph 2 is paid by you,
(ii) …………………………………………………… ……………………………………………. (Note D)
Signature :……………………………
Address : …………………………….
…………………………………
Notes
A. This notice may be served when Notice No. 2 cannot be served because the lessor cannot be found or ascertained (section 7(2) of the Act).
B. Sufficient particulars should be given to identify the property.
C. State amount of rent, date of lease, length of term and parties to the lease.
D. State here the nature of any other information sought which is reasonably necessary for the purpose of securing the joinder of all necessary parties in the conveyance of the fee simple.
Form No. 4
Landlord and Tenant (Ground Rents) Act, 1967
Notice of discontinuance of acquisition of fee simple
(section 10) (see Note A)
Date:………………………
To ……………….. (Note B)
1. Description of land to which this notice refers (Note C) ………………………………………………..
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… …………………
2. Particulars of applicant’s lease or tenancy (Note D) …………………………………………………… .
…………………………………………………… …………………………………………………… …………………
…………………………………………………… …………………………………………………… …………………
Take notice that I, ………. hereby withdraw the notice of intention to acquire the fee simple in the above land previously served by me and do not now intend to acquire the fee simple in the land.
Signature:……………………………
Address: …………………………….
…………………………….
Notes
A. This notice may be served under section 10 of the act: its effect is to discontinue the acquisition of the fee simple and to terminate the liability of the person serving it for costs and expenses incurred by the persons on whom it is served after service of the notice (section 9).
B. This notice must be served on all the persons on whom notices of intention to acquire the fee simple were served.
C. Sufficient particulars should be given to identify the property.
D. State amount of rent and whether the land is held on a yearly tenancy or under a lease. If under a lease, state date of lease, length of term and parties to the lease.
Form No. 5
Landlord and Tenant (Ground Rents) Act, 1967
Notice of intention to have rent apportioned (section 12) (see Note A)
Date:………………………
To ……………….. (Note B)
Particulars of lease reserving the rent to which this notice refers (Note C) …………………………..
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
Description of land demised by above lease (Note D) …………………………………………………… …
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………………….
Description of the parts of the above land between which it is proposed to apportion the rent (Note D) …………………………………………………… …………………………………………………… …….
(1) …………………………………………………… …………………………………………….
(2) …………………………………………………… …………………………………………….
(3) …………………………………………………… …………………………………………….
(4) …………………………………………………… …………………………………………….
(continue, if necessary, on back of form)
Take notice that I, ………., being a person entitled under section 11 of the above Act to have a rent apportioned, propose to have the rent reserved by the above lease apportioned between the parts of the land described above.
Signature:……………………………
Address: ……………………………
Notes
A. section 12 of the act provides for the service of this notice.
B. This notice should be served on:
(i) the person to whom the rent is payable, and
(ii) any other person who holds any of the land as lessee under a building or proprietary lease, as assignee from any such lessee or as successor in title of any such assignee.
C. State amount of rent, date of lease, length of term and parties to the lease.
D. Sufficient particulars should be given to identify the particular property or properties.
Form No. 6
Landlord and Tenant (Ground Rents) Act, 1967
Notice of discontinuance of apportionment (section 16) (see Note A)
Date:………………………
To ……………….. (Note B)
Particulars of lease reserving the rent to which this notice refers (Note C) …………………………..
…………………………………………………… …………………………………………………… …………………
…………………………………………………… …………………………………………………… ………………….
Take notice that I, ………., hereby withdraw the notice of intention to have the above rent apportioned and do not now intend to have the rent apportioned.
Signature:……………………………
Address: …………………………….
……………………………
Notes
A. This notice may be served under section 16 of the act. Its effect is to terminate the liability of the person serving it for costs and expenses incurred by the person on whom it is served after the service of the notice (section 15).
B. This notice must be served on all the persons on whom notices of intention to have the rent apportioned were served.
C. State amount of rent, date of lease, length of term and parties to the lease.
GIVEN under my Official Seal, this 24th day of February, 1967.
BRIAN LENIHAN,
Minister for Justice.
EXPLANATORY NOTE
These regulations set out the forms prescribed by the Minister which are to be used for the various purposes of the Act. The act was brought into operation on 1st day of March, 1967.