Enfranchisement Cost
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.
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.