Renewal Rights
Landlord and Tenant (Amendment) Act 1980
PART II
Right to New Tenancy
Annotations
Modifications (not altering text):
C9
Application of Part restricted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), ss. 3(2)(i), 192(2), subject to transitional provision in s. 192(3). In relation to the relevant date, Part II was commenced (6.12.2004) by S.I. No. 750 of 2004.
Application of Act.
3.— …
(2) Subject to section 4(2), this Act does not apply to any of the following dwellings— …
(i) a dwelling the subject of a tenancy granted under Part II of the Landlord and Tenant (Amendment) Act 1980 or under Part III of the Landlord and Tenant Act 1931 or which is the subject of an application made under section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter.
…
“relevant date”, “landlord”, “tenant”, “lease”, etc.
5.—(1) In this Act— …
“relevant date” means the date on which Part 4 is commenced [or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), shall be construed in accordance with section 3B(b) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015)];
…
Long occupation equity (prospective abolition of entitlement to it).
192.— …
(2) Subject to subsection (3), on and from the fifth anniversary of the relevant date, Part II of the Act of 1980 shall not apply to a dwelling to which this Act applies.
(3) Subsection (2) does not have effect in relation to a dwelling in respect of which the tenant has served a notice of intention to claim relief under and in accordance with section 20 of the Act of 1980 before the fifth anniversary mentioned in that subsection.
…
Editorial Notes:
E7
Provision for rent to be reviewed where terms of new tenancy fixed by Court under Part made (21.03.1984) by Landlord and Tenant (Amendment) Act 1984 (4/1984), s. 15(1), commenced as per s. 1.
Application of Part II.
[New. cf. 1931, s. 19]
13.—(1) This Part applies to a tenement at any time if—
(a) the tenement was, during the whole of the period of F4[five years] ending at that time, continuously in the occupation of the person who was the tenant immediately before that time or of his predecessors in title and bona fide used wholly or partly for the purpose of carrying on a business, or
(b) the tenement was, during the whole of the period of twenty years ending at that time, continuously in the occupation of the person who was the tenant immediately before that time or of his predecessors in title, or
(c) improvements have been made on the tenement and the tenant would, if this Part did not apply to the tenement, be entitled to compensation for those improvements under Part IV and not less than one-half of the letting value of the tenement at that time is attributable to those improvements.
(2) For the purpose of subsection (1) (a) a temporary break in the use of the tenement shall be disregarded if the Court considers it reasonable to disregard it.
F5[(3) (a) The occupation by a person or his predecessors in title under a lease or other contract of tenancy of a tenement in the Custom House Docks Area (within the meaning of section 41 of the Finance Act, 1986), being a tenement bona fide used on the commencement of occupation under the lease or contract of tenancy, and expressly authorised or required by that lease or contract to be used, wholly or partly for the purpose of carrying on an activity consisting of or including a relevant trading operation within the meaning of section 39B (inserted by section 30 of the Finance Act, 1987, as amended by section 36 of the Finance Act, 1988) of the Finance Act, 1980, or bona fide used for preparing for the carrying on of such an activity, shall not be regarded as occupation for the purposes of paragraph (a) or (b) of subsection (1).
(b) Where this subsection applies by virtue of paragraph (a) in relation to occupation—
(i) it also applies to occupation under the lease or contract concerned at any time when the tenement concerned is no longer used for the purpose of carrying on an activity aforesaid, and
(ii) it applies in relation to occupation of the whole or part of the tenement under any other lease or contract of tenancy that is in force during the whole or part of the currency of, and is made after the making of, the first-mentioned lease or contract of tenancy.
(4) Subsection (3) shall have effect only in relation to a lease or other contract of tenancy the term of which commences during the period of 5 years from the passing of the Landlord and Tenant (Amendment) Act, 1989, or such longer period as may stand specified for the time being in regulations made by the Minister at any time during the said period of 5 years or during a period standing so specified.
(5) A draft of every regulation proposed to be made under this section shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House.]
Annotations
Amendments:
F4
Substituted (10.08.1994) by Landlord and Tenant (Amendment) Act 1994 (20/1994), s. 3(1), commenced as per s. 1(3), subject to transitional provision in subs. (2).
F5
Inserted (1.03.1989) by Landlord and Tenant (Amendment) Act 1989 (2/1989), s. 1, commenced on enactment.
Modifications (not altering text):
C10
Certain tenancies qualifying under subs. (1)(a) excluded from application of Residential Tenancies Act 2004 (27/2004) (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 3(2)(a), S.I. No. 505 of 2004.
Application of Act.
3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).
(2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—
(a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13 (1)(a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it,
…
Editorial Notes:
E8
Occupation under s. 13(1)(b) to include occupation under Part 4 tenancy as provided (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 55(1), S.I. No. 505 of 2004.
E9
Power pursuant to subs. (4) exercised (24.02.1999) by Landlord and Tenant (Amendment) Act, 1980, (Section 13(4)) Regulations 1999 (S.I. No. 52 of 1999).
E10
Power pursuant to subs. (4) exercised (24.02.1994) by Landlord and Tenant (Amendment) Act, 1980, (Section 13(4)) Regulations 1994 (S.I. No. 36 of 1994).
Application of Part II to business premises decontrolled by Rent Restrictions Act, 1960.
[1960, s. 54 in pt.]
14.—(1) This Part also applies to premises which, immediately before the commencement of the Rent Restrictions Act, 1960, comprised controlled business premises under the Rent Restrictions Act, 1946, the letting of which was not—
(a) a letting made and expressed to be made for the temporary convenience of the landlord or of the tenant and (if made after the passing of the Act of 1931) stating the nature of the temporary convenience, or
(b) a letting made for or dependent on the continuance of the tenant in any office, employment or appointment.
(2) Where the premises were, immediately before the commencement of the Rent Restrictions Act, 1960, held under a statutory tenancy, the tenant under that tenancy shall, on and after such commencement, be deemed to hold the premises from the landlord under a tenancy having the same terms and conditions as the statutory tenancy except that the landlord may, by not less than three months’ notice to quit (expiring on any day specified in that behalf in the notice) served on the tenant, determine the tenancy.
Application of Part II to dwellings decontrolled by Rent Restrictions (Amendment) Act, 1967.
[1967, No. 10, s. 13 in pt.]
15.—(1) This Part also applies to a dwelling, being a house or a separate and self-contained flat, which immediately before the passing of the Rent Restrictions (Amendment) Act, 1967, was a controlled dwelling, the rateable valuation of which—
(a) if situate in the county borough of Dublin or the borough of Dún Laoghaire, exceeds £40 (if a house) or £30 (if a flat), and
(b) in any other case, exceeds £30 (if a house) or £20 (if a flat), and the letting of which was not—
(i) a letting made and expressed to be made for the temporary convenience of the landlord or of the tenant and (if made after the passing of the Act of 1931) stating the nature of the temporary convenience, or
(ii) a letting made for or dependent on the continuance of the tenant in any office, employment or appointment.
(2) This Part also applies to a dwelling, being a house having a rateable valuation exceeding £10, of which, after the passing of the Rent Restrictions (Amendment) Act, 1967, a bachelor or spinster over the age of 21 years and under the age of 65 years has become the tenant and which, immediately before he or she became the tenant, was a controlled dwelling.
(3) Where a dwelling to which subsection (1) refers was, immediately before the passing of the Rent Restrictions (Amendment) Act, 1967, held under a statutory tenancy, the tenant under that tenancy shall, from such passing, be deemed to hold the dwelling from the landlord under a tenancy having the same terms and conditions as the statutory tenancy except that the landlord may, by not less than three months’ notice to quit (expiring on any day specified in that behalf in the notice) served on the tenant, determine the tenancy.
(4) Where a dwelling to which subsection (2) refers was, immediately before the time when the person referred to in that subsection became the tenant, held under a statutory tenancy, that person shall, from that time, be deemed to hold the dwelling from the landlord under a tenancy having the same terms and conditions as the statutory tenancy except that the landlord may, by not less than three months’ notice to quit (expiring on any day specified in that behalf in the notice) served on the tenant, determine the tenancy.
(5) (a) The application, by virtue of this section, of this Part to a dwelling shall cease upon the landlord’s coming into possession of the dwelling.
(b) In paragraph (a) “possession” means actual possession, and a landlord shall not be deemed to have come into possession by reason only of a change of tenancy made with his consent.
Right of tenant to new tenancy.
[1931, s. 20]
16.—Subject to the provisions of this Act, where this Part applies to a tenement, the tenant shall be entitled to a new tenancy in the tenement beginning on the termination of his previous tenancy, and the new tenancy shall be on such terms as may be agreed upon between the tenant and the person or persons granting or joining in the grant of the new tenancy or, in default of agreement, as shall be fixed by the Court.
Annotations
Modifications (not altering text):
C11
Application of section restricted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 179, S.I. No. 545 of 2009.
Limitation of right to renewal of certain business tenancies.
179.— Section 16 of the Landlord and Tenant (Amendment) Act 1980 does not apply in relation to a tenancy (other than a renewal of an existing tenancy) granted by NAMA or a NAMA group entity of a tenement (within the meaning given by section 5 of that Act) unless NAMA or the NAMA group entity specifies otherwise in writing.
Restrictions on right to new tenancy.
[New in pt. cf. 1931, ss. 21, 22 in pt.; 1963, s. 79 (2)]
17.—(1) (a) A tenant shall not be entitled to a new tenancy under this Part if—
(i) the tenancy has been terminated because of non-payment of rent, whether the proceedings were framed as an ejectment for non-payment of rent, an ejectment for overholding or an ejectment on the title based on a forfeiture, or
(ii) the tenancy has been terminated by ejectment, notice to quit or otherwise on account of a breach by the tenant of a covenant of the tenancy, or
(iii) the tenant has terminated the tenancy by notice of surrender or otherwise, or
F6[(iiia) if section 13(1)(a) (as amended by section 3 of the Landlord and Tenant (Amendment) Act 1994) applies to the tenement, the tenant has renounced in writing, whether for or without valuable consideration, his or her entitlement to a new tenancy in the tenement and has received independent legal advice in relation to the renunciation, or]
F7[(iiib) if section 13(1)(b) applies to the tenement (and the tenement is a dwelling to which the Residential Tenancies Act 2004 applies), the tenant had completed and signed, whether for or without valuable consideration, a renunciation of his or her entitlement to a new tenancy in the tenement and had received independent legal advice in relation to such renunciation, or]
(iv) the tenancy has been terminated by notice to quit given by the landlord for good and sufficient reason, or
(v) the tenancy terminated otherwise than by notice to quit and the landlord either refused for good and sufficient reason to renew it or would, if he had been asked to renew it, have had good and sufficient reason for refusing.
(b) In this subsection “good and sufficient reason” means a reason which emanates from or is the result of or is traceable to some action or conduct of the tenant and which, having regard to all the circumstances of the case, is in the opinion of the Court a good and sufficient reason for terminating or refusing to renew (as the case may be) the tenancy.
(2) (a) A tenant shall not be entitled to a new tenancy under this Part where it appears to the Court that—
(i) the landlord intends or has agreed to pull down and rebuild or to reconstruct the buildings or any part of the buildings included in the tenement and has planning permission for the work, or
(ii) the landlord requires vacant possession for the purpose of carrying out a scheme of development of property which includes the tenement and has planning permission for the scheme, or
(iii) the landlord being a planning authority, the tenement or any part thereof is situate in an area in respect of which the development plan indicates objectives for its development or renewal as being an obsolete area, or
(iv) the landlord, being a local authority for the purposes of the Local Government Act, 1941, will require possession, within a period of five years after the termination of the existing tenancy, for any purpose for which the local authority are entitled to acquire property compulsorily, or
(v) for any reason the creation of a new tenancy would not be consistent with good estate F8[management, or]
F9[ (vi) the landlord (being the National Asset Management Agency) will require possession, within 5 years after the termination of the existing tenancy, for any purpose for which that Agency is entitled to acquire (by purchase or otherwise) property under the National Asset Management Agency Act 2009.]
(b) In the case of certain dwellings and business premises to which this subsection applies the tenant is entitled to compensation for disturbance under Part IV.
(3) Where the Court is satisfied—
(a) that a tenant would but for subparagraph (i), (ii), (iii) or (iv) of subsection (2) (a) be entitled to a new tenancy, and
(b) that the landlord will not require possession for the purposes mentioned in the relevant subparagraph until after the expiration of a period of at least six months,
the Court may, if the tenant so requests, continue the existing tenancy until terminated by the landlord for those purposes by the service of six months’ previous notice in writing, but subject to the condition that the continuation of the tenancy shall be without prejudice to the right of the tenant to relief under this Act on the termination of the continued tenancy.
(4) Where, in a case in which an application for a new tenancy has been refused on a ground mentioned in subparagraph (i) or (ii) of subsection (2) (a), it appears to the Court that the landlord has not, within a reasonable time, carried out the intention, agreement or purpose, as the case may be, on account of which such application was refused, the Court may order the landlord to pay to the tenant such sum as it considers proper by way of punitive damages.
Annotations
Amendments:
F6
Substituted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 47, S.I. No. 274 of 2008.
F7
Inserted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 191(2), S.I. No. 505 of 2004.
F8
Substituted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 236 and sch. 3 part 6 item 1, S.I. No. 545 of 2009.
F9
Inserted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 236 and sch. 3 part 6 item 2, S.I. No. 545 of 2009.
Modifications (not altering text):
C12
Certain terminations excluded for purposes of subs. (1)(a) (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 55(2), S.I. No. 505 of 2004, as substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. no. 10, S.I. No. 7 of 2017.
Protection under this Part and long occupation equity.
55.— …
[(2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17(1)(a) of the Landlord and Tenant (Amendment) Act 1980.]
Editorial Notes:
E11
Previous affecting provision: subs. (1)(a)(iiia) inserted (10.08.1994) by Landlord and Tenant (Amendment) Act 1994 (20/1994), s. 4, commenced as per s. 1(3); substituted as per F-note above.
Provisions relating to award of new tenancy.
[1931, s. 27 in pt.]
18.—(1) This section applies where the Court, on an application for a new tenancy under this Part, finds that the tenant is entitled to a new tenancy.
(2) The Court shall fix the terms of the new tenancy and make an order requiring the landlord, and any superior landlord whose joinder may be necessary, to grant or join in the grant of, and the tenant to accept, a new tenancy accordingly.
(3) Such person or persons shall grant or join in the grant of, and the tenant shall accept, a new contract of tenancy in writing in respect of the tenement on the terms specified in the order, commencing on the termination of the previous tenancy.
(4) The tenant shall not be entitled to compensation in respect of the termination of his previous tenancy.
(5) If any dispute, failure or question arises or occurs in the carrying out of the order, the Court may, on the application of any person concerned, make such order as justice may require.
Provisions where tenant not entitled to new tenancy.
[1931, s. 27 in pt.]
19.—Where the Court, on an application for a new tenancy under this Part finds that the tenant is not entitled to a new tenancy—
(a) if the notice of intention to claim relief includes a claim in the alternative for compensation, the Court shall hear and determine the claim and fix the amount of any compensation;
(b) if the notice of intention to claim relief does not include a claim in the alternative for compensation, the Court may, on the application of the tenant, if having regard to all the circumstances of the case the Court thinks proper to do so, amend the notice in such terms as the Court thinks proper by inserting in it a claim in the alternative for compensation and thereupon deal with that claim in accordance with paragraph (a).
Notice of intention to claim relief.
[New in pt. cf. 1931, s. 24; 1960, s. 54 (2) (iv) (vi); 1967, No. 10, s. 13 (3) (iii), (iv)]
20.—(1) A claim for a new tenancy under this Part shall not be maintained unless the claimant, within the time limited in subsection (2), serves on each person against whom the claim is intended to be made a notice of intention to claim relief in the prescribed form.
(2) A notice of intention to claim relief may be served—
(a) in the case of a tenancy terminating by the expiration of a term of years or other certain period or by any other certain event—
(i) before the termination of the tenancy, or
(ii) at any time thereafter but before the expiration of three months after the service (not earlier than three months before the termination of the tenancy) on the claimant by the landlord of notice in the prescribed form of the expiration of the term or period or the happening of the event;
(b) in the case of a tenancy terminating by the fall of a life or any other uncertain event—at any time but before the expiration of three months after the service on the claimant by the landlord of notice in the prescribed form of the happening of the event;
(c) in the case of a tenancy which is terminable by notice to quit—at any time but before the expiration of three months (or, in the case of premises to which section 14 or 15 applies, six months) after the service of the notice;
(d) in the case of a tenancy to which section 29 applies—within six months after the commencement of this Act.
(3) The notice may include a claim in the alternative for compensation.
Application for relief.
[New. cf. 1931, s. 25]
21.—(1) A person who serves a notice of intention to claim relief may, at any time not less than one month thereafter, apply to the Court to determine his right to relief and (as the case may be) to fix the amount of the compensation or the terms of the new tenancy to which he is found to be entitled.
(2) If he does not do so within three months after service of the notice, any person on whom the notice was served may apply to the Court to determine the matters to which the notice relates.
(3) An application under this section may be made, heard and determined either before and in anticipation of or after the termination of the tenancy.
Offer by landlord of new tenancy in lieu of compensation.
[1931, s. 28]
22.—(1) Where the tenant serves on the landlord a notice of intention to claim compensation under Part IV for improvements, the landlord, any superior landlord or any two or more of such persons may, within two months, serve on the tenant a notice in the prescribed form offering him a new tenancy in the tenement on terms specified in the notice or on terms to be fixed by the Court.
(2) Where a notice is served under subsection (1) offering the tenant a new tenancy on terms specified in the notice—
(a) the tenant may, within one month, serve on the person or persons who served the notice a notice in the prescribed form accepting the new tenancy;
(b) in that case, such person or persons shall forthwith grant, and the tenant shall forthwith accept, a new contract of tenancy in writing in respect of the tenement on the terms specified in the notice served on the tenant, commencing on the termination of the previous tenancy;
[New in pt.]
(c) the tenant may, alternatively, within one month serve on such person or persons a notice refusing the new tenancy;
(d) in that case the tenant may proceed with his application for relief by way of compensation for improvements, but—
(i) on the hearing of the application, the Court if satisfied that the tenant is entitled to that relief, may in lieu of awarding that relief make an order requiring the necessary person or persons to grant, and the tenant to accept, a new tenancy in the tenement on such terms as the Court (subject to the provisions of this Act) thinks proper and specifies in the order, and
(ii) upon the making of that order, the necessary person or persons shall forthwith grant, and the tenant shall forthwith accept, a contract of tenancy in writing in respect of the tenement on the terms specified in the order.
(3) Where a notice is served under subsection (1) offering a new tenancy on terms to be fixed by the Court—
(a) either the person or persons who served the notice or the tenant may apply to the Court for an order fixing the terms of the new tenancy;
(b) upon the making of that order, the necessary person or persons shall forthwith grant, and the tenant shall forthwith accept, a contract of tenancy in writing in respect of the tenement on the terms specified in the order.
(4) Where any person or persons and the tenant are required by this section or an order made under this section, respectively to grant and accept a new tenancy, the tenant shall not be entitled to compensation in respect of the termination of his tenancy previous to the new tenancy.
(5) Where any person or persons and the tenant are required, by this section or an order made under this section, respectively to grant and accept a new tenancy and any dispute, failure or question arises or occurs in the granting and accepting of the tenancy, the Court, on the application of any person concerned, may make such order as justice may require.
Fixing of terms of new tenancy by Court.
[New in pt. cf. 1931, s. 29]
23.—(1) This section applies where the Court fixes the terms of a new tenancy under this Part.
F10[(2) The Court shall fix the duration of the tenancy at thirty-five years or such less term as the tenant may nominate save, where the right to a new tenancy arises in respect of a tenement referred to in section 13 (1) (a) (as amended by section 3 of the Landlord and Tenant (Amendment) Act, 1994), the duration of the tenancy shall be fixed at twenty years or such less term as the tenant may nominate provided that it shall not be fixed for a term of less than five years without the landlord’s agreement.]
(3) The rent payable by the tenant under the new tenancy shall not be less than (as the case may require) the rent payable by the landlord in respect of the tenement or such proportion of the rent payable by the landlord in respect of the tenement and other property as is in the opinion of the Court fairly apportionable to the tenement.
(4) Subject to subsection (3), the rent shall be the gross rent reduced, where appropriate, by the allowance for improvements provided for by subsection (6).
(5) The gross rent shall be the rent which in the opinion of the Court a willing lessee not already in occupation would give and a willing lessor would take for the tenement, in each case on the basis of vacant possession being given, and having regard to the other terms of the tenancy and to the letting values of tenements of a similar character to the tenement and situate in a comparable area but without regard to any goodwill which may exist in respect of the tenement.
(6) The allowance for improvements shall be such proportion of the gross rent as is, in the opinion of the Court, attributable to improvements made by the tenant or his predecessors in title and in respect of which the tenant would have been entitled to compensation for improvements if (as the case may be) this Part did not apply to the tenement or the new tenancy had not been created.
(7) The Court may, as one of the terms of the new tenancy, require the intended tenant to expend, within such time as the Court thinks proper, a specified sum of money in the execution of specified repairs (including painting for purposes of preservation but not painting for purposes of mere decoration) to the tenement and authorise the postponement of the grant of the new tenancy until the requirement has been complied with.
(8) If the intended tenant refuses or fails to comply with a requirement under subsection (7), the Court shall have power to declare him to have forfeited his right to a new tenancy and to discharge any order granting it to him.
(9) The new tenancy shall be subject to such covenants as may be agreed upon between the parties or, in default of agreement, as may be determined by the Court.
Annotations
Amendments:
F10
Substituted (10.08.1994) by Landlord and Tenant (Amendment) Act 1994 (20/1994), s. 5, commenced as per s. 1(3).
Review of rent.
[New]
24.—F11[…]
Annotations
Amendments:
F11
Repealed (21.03.1984) by Landlord and Tenant (Amendment) Act 1984 (4/1984), s. 15(7), commenced as per s. 1.
Modification of sections 23 and 24 in case of dwellings to which section 15 relates.
[1967, No. 10, s. 13 (3) (viii)]
25.—(1) In the case of a dwelling to which section 15 relates, sections 23 and 24 shall apply subject to the provisions of this section.
(2) If the terms of a new tenancy for the dwelling have not on any previous occasion been fixed by the Court under the Act of 1931 or under this Part and the Court is satisfied that payment of the rent which, apart from this provision, would be fixed would cause hardship to the tenant, the Court shall fix the rent payable by the tenant under the new tenancy at a sum (not below the existing rent) which the Court is satisfied that, having regard to all the circumstances of the case, including any hardship to the landlord, the tenant should be required to pay and section 23 (2) shall have effect as if “not more than ten years” were substituted for “thirty-five years or such less term as the tenant may nominate” and section 24 shall not apply to the rent so fixed.
(3) In any other case, section 23 (6) shall have effect as if for “and in respect of which the tenant would have been entitled to compensation for improvements if (as the case may be) this Part did not apply to the tenement or the new tenancy had not been created” there were substituted “(whether before or after the commencement of this Act or the passing of the Act of 1931 or the Rent Restrictions (Amendment) Act, 1967) which, at the time of the application to the Court, add to the letting value and are suitable to the character of the tenement”.
Termination of tenancy after order for new tenancy.
[New]
26.—Where, following the making of an order under this Part or the Act of 1931 for a new tenancy, the existing tenancy is terminated in such manner that the tenant would under section 17 (1) not be entitled to a new tenancy, then—
(a) if the new tenancy has not been granted, the obligation to grant it shall cease, and
(b) if it has been granted, it shall be void.
Continuation of existing tenancies.
[1931, s. 35]
27.—Where a tenancy is continued or renewed or a new tenancy is created under this Part, the continued, renewed or new tenancy shall for the purposes of this Act be or be deemed to be a continuation of the tenancy previously existing and shall for all purposes be deemed to be a graft upon that tenancy, and the interest of the tenant thereunder shall be subject to any rights or equities arising from its being such graft.
Right of tenant to continue in occupation pending decision.
[1931, s. 38]
28.—Where an application is pending under this Part for a new tenancy or to fix the terms of a new tenancy and the pre-existing tenancy was terminated otherwise than by ejectment or surrender the tenant may, if he so desires, continue in occupation of the tenement from the termination of the tenancy until the application is determined by the Court or, in the event of an appeal, by the final appellate court, and the tenant shall while so continuing be subject to the terms (including the payment of rent) of such tenancy, but without prejudice to such recoupments and readjustments as may be necessary in the event of a new tenancy being granted to commence from such termination.
Tenancy terminated before commencement of this Act.
[1931, s. 39]
29.—Where, the tenancy of a tenement having terminated before the commencement of this Act, the tenant is at such commencement in possession of the tenement under a tenancy arising by implication from the acts of the parties or under a statutory tenancy under the Rents Restrictions Acts, 1960 and 1967, or as a tenant at will or otherwise, without having obtained a new tenancy, the tenancy shall for the purposes of this Act be deemed to terminate immediately after such commencement and this Act shall apply accordingly.
S.I. No. 272/1980 –
Landlord and Tenant Regulations, 1980.
LANDLORD AND TENANT REGULATIONS, 1980.
I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 9 of the Landlord and Tenant (Amendment) Act, 1980 (No. 10 of 1980), hereby make the following regulations:
1. These Regulations may be cited as the Landlord and Tenant Regulations, 1980.
2. These Regulations shall come into operation on the 8th day of September, 1980.
3. The forms set out in the Schedule to these Regulations are hereby prescribed for the purposes of the Landlord and Tenant (Amendment) Act, 1980 .
SCHEDULE
Form No. 1
Landlord and Tenant (Amendment) Act, 1980
NOTICE OF INTENTION TO CLAIM RELIEF
(Section 20) (See Note A)
Date:
…………………………………………………… ..
(Note B)
To: …………………………………………………… …………………………………………………… ……………………………
(Note C)
1. Description of tenement to which this notice refers (Note D) …………………………………………………… ……………… …………………………………………………… …………………………………………………… …………………………………………………… ……… …………………………………………………… …………………………………………………… …………………………………………………… ……..
2. Particulars of relevant lease or tenancy (Note E) …………………………………………………… ………………………………… …………………………………………………… …………………………………………………… …………………………………………………… ……… …………………………………………………… …………………………………………………… …………………………………………………… ………
Take notice that I ………………………………..
(a) intend to claim a new tenancy, under Part II of the Landlord and Tenant (Amendment) Act, 1980 , in the above tenement
(b) intend to claim in the alternative £ compensation for disturbance (Note F)
(c) intend to claim £ compensation for improvements in respect of the improvements of which particulars are set out in the Schedule to this notice (Note G)
Signed by *the tenant/his authorised agent/his solicitor
…………………………………………………… …………………
Address: …………………………………………………… ……………………………………
…………………………………………………… …………………………………………………..
(a), (b), (c) — Delete as appropriate. (Note J)
*Delete as appropriate
SCHEDULE
Item
Full description of the work comprising the improvement (Note H)
Probable life of the improvement
Addition to letting value of the tenement at termination of the tenancy due to the improvement and probable further duration of such addition
Capitalised value of addition to the letting value at termination of tenancy
Particulars of benefits (if any) received by the tenant or his predecessors in title from the landlord in consideration of the improvement.
Notes (for information only)
A. A person who proposes to claim a new tenancy (under Part II of the Act), compensation for disturbance or compensation for improvements should serve notice in this form of his intention so to claim (sections 20(1), (3), 56(1)).
B. Any claim mentioned in this notice may be made at any time up to three months after due notification made by the landlord (in Form No. 2 or, where appropriate, by notice to quit) to the claimant of the termination of the claimant’s tenancy (sections 20 (2), (3), 56 (1)) although extension of time may be granted (section 83).
C. The notice should be served on each person against whom the claim is intended to be made (section 20(1)). Where the claim is for a new tenancy, that new tenancy (where the claimant is entitled thereto) must be granted not only by the landlord but by any superior landlord whose joined may be necessary (section 18). Section 84 provides for making necessary information available in such circumstances.
D. Particulars should be given sufficient to identify the premises.
E. State amount of rent, date of lease or tenancy, parties thereto and (if lease or tenancy has not terminated) tenure or length of term.
F. Compensation for disturbance (in lieu of a new tenancy) is payable by the landlord to a business tenant of three years’ standing who would, but for section 17(2) of the Act, be entitled to that new tenancy (section 58).
G. Compensation for improvements (defined in section 45) made by a tenant to his tenement (defined in section 5) is payable by the landlord where the tenant quits because of the termination of his tenancy (section 46(1) (a)), subject to certain restrictions (sections 46(1)(b) and 54) and to claim within the time-limit (Note B).
H. Where the improvements made are those specified in an improvement notice under the Town Tenants (Ireland) Act, 1906, an improvement notice or improvement order under the Landlord and Tenant Act, 1931 or this Act, or an order of a sanitary authority or housing authority, particulars of the relevant notice or order will suffice, together with particulars of any relevant improvement certificate or sanitary improvement certificate. Alternatively the description may be given in a statement of works herein or by reference to such statement in an accompanying document.
J. A notice of intention to claim relief may be limited to a claim for compensation for improvements (section 56(1)). Where the notice indicates an intention to claim a new tenancy, it may include a claim in the alternative for compensation (section 20 (3)), that is, compensation for disturbance (section 58) or compensation for improvements (section 46).
Form No. 2
Landlord and Tenant (Amendment) Act, 1980
NOTICE OF TERMINATION OF TENANCY
(Section 20) (See Note A)
Date:…………………………………………………… ..
To: …………………………………………………… ……………………………..(Note A)
1. Description of tenement to which this notice refers (Note B)
…………………………………………………… …………………………………………………… …………………………………………………… ……
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… …….
2. Particulars of relevant lease or tenancy (Note C)…………………………………………………… …………………………..
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… ……
…………………………………………………… …………………………………………………… …………………………………………………… ……
Take notice that your tenancy in the above tenement *terminated/will terminate on ………………………………… by reason of …………………………………………………… …………………………………………………… ……………………(Note A)
Signed by *the landlord/his authorised agent/his solicitor
…………………………………………………… …………….
*Delete as appropriate.
Address: …………………………………………………… …………………………………..
…………………………………………………… ………………………………….
Notes (for information only)
A. Apart from cases where section 20(2) (c), (d) applies, such as tenancies that are terminable by notice to quit, a tenant may claim relief under the Act (i.e., a new tenancy, compensation for disturbance or compensation for improvements) at any time up to three months after service on him by the landlord of this notice (sections 20(2), 56). In the case of a tenancy that already has a fixed termination date this notice may be served not earlier than three months before that termination (section 20(2) (a) (ii)).
B. Particulars should be given sufficient to identify the premises.
C. State amount of rent, date of lease or tenancy, parties thereto and (if lease or tenancy has not terminated) tenure or length of term.
Form No. 3
Landlord and Tenant (Amendment) Act, 1980
NOTICE OF OFFER OF NEW TENANCY
(Section 22) (See Note A)
Date: ……………………………………………….
To: …………………………………………………… …………… (Note A)
1. Description of tenement to which this notice refers (Note B)…………………………………………………… …………..
…………………………………………………… …………………………………………………… …………………………………………………… ………
…………………………………………………… …………………………………………………… …………………………………………………… ………
…………………………………………………… …………………………………………………… …………………………………………………… ………
2. Terms of new tenancy in the tenement that is offered (Note C)…………………………………………………… ……….
…………………………………………………… …………………………………………………… …………………………………………………… ………
…………………………………………………… …………………………………………………… …………………………………………………… ………
…………………………………………………… …………………………………………………… …………………………………………………… ………
…………………………………………………… …………………………………………………… …………………………………………………… ………
3. Nature of the estate or interest in the tenement that is owned by each person offering the new tenancy (Note D) …………………………………………………… …………………………………………………… ………………………………
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… …….
Take notice that I/We ……………………………………… hereby offer you a new tenancy in the tenement above-described (or above-mentioned) on the above terms.
Signed by …………………………………………………… ……………………………………………… *his authorised agent/his solicitor …………………………………………………… …………………………………………………… ……………………………………..
Address: …………………………………………………… …………………………………………………… ……………………………………
*Delete as appropriate
Notes (for information only)
A. Where a tenant has served (in Form No. 1) notice of intention to claim relief by way only of compensation for improvements, notice in this form may within two months be served on him (section 22(1)).
B. Either particulars should be given sufficient to identify the premises, or the tenement may be identified by reference to its description in the notice in Form No. 1 that was served by the tenant.
C. The new tenancy may be offered on terms specified in the notice or on terms to be fixed by the Circuit Court (section 22(1)).
D. The notice may be served by the landlord, any superior landlord or any two or more of such persons (section 22(1)).
Form No. 4
Landlord and Tenant (Amendment) Act, 1980
NOTICE OF ACCEPTANCE OF NEW TENANCY
(Section 22) (See Note A)
Date:…………………………………………………… ..
To:…………………………………………………… ………… (Note B)
1. Description of tenement to which this notice refers (Note C) …………………………………………………… ………..
…………………………………………………… …………………………………………………… …………………………………………………… ……..
…………………………………………………… …………………………………………………… …………………………………………………… ……..
…………………………………………………… …………………………………………………… …………………………………………………… ……..
2. Name and address of tenant to whom new tenancy has been offered………………………………………………….
…………………………………………………… …………………………………………………… …………………………………………………… ………
…………………………………………………… …………………………………………………… …………………………………………………… ……..
Take notice that I, …………………………………………………… hereby accept the offer of a new tenancy in the above tenement that is made in your notice dated ………………………………………
Signed by *the above-named tenant/his authorised agent/his solicitor …………………………………………………… …………………………………………………… …………………………………
Address:…………………………………………………… ……………………………………..
…………………………………………………… …………………………………….
*Delete as appropriate
Notes (for information only)
A. Where notice in Form No. 3 has been served offering a new tenancy the tenant may, within one month, serve notice in this form accepting that new tenancy. Alternatively he may within one month serve notice refusing the new tenancy (section 22(2) (a), (c)).
B. The notice in Form No. 3 may be served by the landlord, any superior landlord or any two or more of such persons (section 22(1)).
C. Either particulars should be given sufficient to identify the premises, or the tenement may be identified by reference to its description either in the notice in Form No. 1 that was served by the tenant or in the notice in Form No. 3 that was served on him.
Form No. 5
Landlord and Tenant (Amendment) Act, 1980
IMPROVEMENT NOTICE
(Section 48(1)) (See Note A)
To: ………………………………………… (Note A)
Date:………………………………………..
1. Description of tenement to which this notice refers (Note B) …………………………………………………… ………..
…………………………………………………… …………………………………………………… …………………………………………………… ……..
…………………………………………………… …………………………………………………… …………………………………………………… ……..
…………………………………………………… …………………………………………………… …………………………………………………… …….
2. Particulars of relevant lease or tenancy (Note C)…………………………………………………… ……………………………
…………………………………………………… …………………………………………………… …………………………………………………… ………
…………………………………………………… …………………………………………………… …………………………………………………… ………
…………………………………………………… …………………………………………………… …………………………………………………… ……..
Take Notice that I intend to make an improvement, in accordance with the accompanying statement of proposed works, to my tenement above described.
I annex an estimate verified by (state name and address of architect, surveyor or building contractor) …………………………………………………… …………………………………………………… ………………………………..
of the cost of making the improvement.
*I annex also a copy of the relevant permission granted under Part IV of the Local Government (Planning and Development) Act, 1963 .
Signed by ** the tenant/his authorised agent/his solicito …………………………………
Address: …………………………………………………… …………………………………
To
The above-named landlord.
*Delete if planning permission not required for the improvement.
** Delete as appropriate.
Notes (for information only)
A. A tenant who proposes to make an improvement (defined in section 45 of the Act) to his tenement (defined in section 5 of the Act) may serve on his landlord an improvement notice (section 48).
B. Particulars should be given sufficient to identify the premises.
C. State amount of rent, date of lease or tenancy, parties thereto and tenure or length of term.
D. Where an improvement notice is served the landlord may (within one month) serve on the tenant an improvement consent, an improvement undertaking or, in certain cases, an improvement objection (section 48(2), (3)).
E. A tenant who makes an improvement without having served an improvement notice may fail to qualify for compensation for the improvement (sections 46(1) and 54(2)).
F. Unless the landlord holds under a lease with at least twenty-five years certain to run (or under a tenure superior thereto) he must within one week serve this notice (or a copy) on his immediate superior landlord stating the date the notice was served on him (section 48(4)). Unless that superior landlord holds under a lease with at least twenty-five years to run (or under a tenure superior thereto) he must similarly notify his next superior landlord (section 48(5)).
Form No. 6
Landlord and Tenant (Amendment) Act, 1980
IMPROVEMENT CONSENT
(Section 48(2)(a), (4), (5)) (See Notes A and B)
Date: ………………………………
To: …………………………………………………… …………………………………………………… …………………………………………………… .
…………………………………………………… …………………………………………………… …………………………………………………… ……..
*and to: …………………………………………………… …………………………………………………… ……………………………….(Note B)
Take notice that I hereby consent to the making of the improvement to the tenement situate at (state full address of tenement) …………………………………………………… …………………………………………………… …………………………
…………………………………………………… …………………………………………………… …………………………………………………… ……..
…………………………………………………… …………………………………………………… …………………………………………………… ……..
in accordance with the statement of proposed works accompanying the Improvement Notice dated the …………………………………………………… …………………………………………………… …………………………………………………… ……
Signed by *the landlord/his authorised agent/his solicitor
…………………………………………………… …………………………………………………… ……………………………………………..
Address …………………………………………………… …………………………………………………… ……………………………….
To
The above-named tenant.
OR
Signed by *the superior landlord/his authorised agent/his solicitor (Note B)
…………………………………………………… …………………………………………………… ……………………………………………….
Address…………………………………………………… …………………………………………………… …………………………………
To
The above-named landlord
and
To
The above-named tenant.
* Delete where appropriate.
Notes (for information only)
A. Where an improvement notice is served the landlord may (within one month) serve an improvement consent, an improvement undertaking or, in certain cases, an improvement objection (section 48(2), (3)).
B. In certain cases a superior landlord also may serve (on both the landlord and the tenant) an improvement consent or an improvement objection (section 48(4), (5)).
C. Where neither an improvement undertaking nor an improvement objection is served the tenant is entitled (whether or not an improvement consent is served) to execute his improvement within one year of service of his improvement notice (section 50).
Form No. 7
Landlord and Tenant (Amendment) Act, 1980
IMPROVEMENT UNDERTAKING
(Section 48 (2) (b)) (See Note A)
Date:……………………………………………………
To: …………………………………………………… …………………………………………………… …………………………………………………… .
……………………………….. …………………………………………………… …………………………………………………… ………………………..
Take Notice that I hereby undertake to execute the improvement to the tenement situate at (state full address of tenement) …………………………………………………… …………………………………………………… ……………………….
…………………………………………………… …………………………………………………… …………………………………………………… ……
…………………………………………………… …………………………………………………… ………………………inaccordance with the
statement of proposed works accompanying the Improvement Notice dated the …………………………………………………… …………………………………………………… …………………………………………………… ….
And Further Take Notice that this undertaking is in consideration of (a) an increase of (state the increase of rent demanded) …………………………………………………… ………………………………………… in the rent at present being paid by you for the said tenement; (b) an increase of rent to be fixed by the Circuit Court.
Signed by *the landlord/his authorised agent/his solicitor …………………………………………………… ……………
Address: …………………………………………………… …………………………………………………… …………………………………..
To
The above-named tenant.
(a), (b) Delete whichever is inapplicable.
* Delete as appropriate.
Notes (for information only)
A. Where an improvement notice is served the landlord may (within one month) serve on the tenant an improvement consent, an improvement undertaking or, in certain cases, an improvement objection (section 48(2), (3)).
B. Where an improvement undertaking is served (and where no superior landlord serves an improvement objection) the tenant may by notice in writing served within fourteen days accept that improvement undertaking, withdraw his improvement notice or object to the amount of any increase in rent specified in the improvement undertaking (section 51(1)).
C. Unless the tenant either withdraws or objects in the manner mentioned in Note B the landlord must carry out the improvement within the six months following the fourteen days mentioned in Note B and has a right of reasonable entry on the tenement for that purpose (section 51(2)).
D. Where the tenant objects to the amount of an increase in rent specified in an improvement undertaking the amount of that increase falls to be settled between the parties or by the Circuit Court, or the Court may deal with the matter otherwise (section 51(4)).
Form No. 8
Landlord and Tenant (Amendment) Act, 1980
IMPROVEMENT OBJECTION
(Section 48(2) (c)) (See Note A)
Date: ………………………………………… (Note B)
To: …………………………………………………… …………………………………………………… …………………………………………………… ..
…………………………………………………… …………………………………………………… ……………………………………………… (tenant)
*and to …………………………………………………… …………………………………………………… ……………………………………………..
…………………………………………………… …………………………………………………… …………………………………………………… ……..
…………………………………………………… …………………………………………………… …………………………………………… (landlord)
Take Notice that I do hereby object to the execution of the improvement the subject of the Improvement Notice dated the …………………………………………………… ………………………………… on the tenement situate at (state full address of tenement) …………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… ……..
The grounds of objection are:—
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… ……..
…………………………………………………… …………………………………………………… …………………………………………………… ……..
Signed by *the landlord/his authorised agent/his solicitor …………………………………………………… …………….
Address: …………………………………………………… …………………………………………………… …………………………….
To
The above-named tenant.
OR
Signed by *the superior landlord/his authorised agent/his solicitor (Note C).
…………………………………………………… …………………………………………………… ……………………………………………….
Address: …………………………………………………… …………………………………………………… ………………………………..
To
The above-named landlord
and
To
The above-named tenant.
*Delete where appropriate.
Notes (for information only)
A. An improvement objection may be served only on certain grounds (section 48(3)).
B. Any improvement objection should be served within one month of the date of service of the tenant’s improvement notice (section 48(2), (4), (5)).
C. A superior landlord may serve an improvement objection, on both the landlord and the tenant, but only where the relevant premises are held from him under a lesser tenure than a lease with at least twenty-five years certain to run (section 48 (4)) and rather similar restrictions apply to the service of an improvement objection by any next superior landlord (section 48(5)).
D. Where an improvement objection is served the provisions of section 52 of the Act apply.
Form No. 9
Landlord and Tenant (Amendment) Act, 1980
WORK UNDERTAKING
(Section 49(2)) (See Note A)
Date:………………………………………….. (Note A)
To:…………………………………………………… …………………………………………………… …………………………………………………… ..
…………………………………………………… …………………………………………………… …………………………………………………… ……..
Whereas you, the above-named tenant, have served on me, the landlord, a work notice dated ……………….. stating that (a) the sanitary authority for the district of ……………………….. (b) the housing authority for …………………………………………… has served on you a notice requiring the execution by you on the tenement situate at (state full address of the tenement) …………………………………………………… ……………………………………….
…………………………………………………… …………………………………………………… …………………………………………………… …..
of work consisting of (material description of the work): …………………………………………………… ……………………..
…………………………………………………… …………………………………………………… …………………………………………………… ……
…………………………………………………… …………………………………………………… …………………………………………………… ……
…………………………………………………… …………………………………………………… …………………………………………………… ……
…………………………………………………… …………………………………………………… …………………………………………………… ……
…………………………………………………… …………………………………………………… …………………………………………………… …….
And Whereas that work is an improvement within the meaning of section 45 of the Landlord and Tenant (Amendment) Act, 1980 .
Take Notice that I hereby undertake to execute that work in accordance with the notice of that authority.
And Further Take Notice that this undertaking is in consideration of (a) an increase of (state the increase of rent demanded) …………………………………………………… …………………………………………………… ……………..
in the rent at present being paid by you for the said tenement: (b) an increase of rent to be fixed by the Circuit Court.
Signed by *the landlord/his authorised agent/his solicitor…………………………………………………… ………………………
Address: …………………………………………………… …………………………………………………… ………………………………
To
The above-named tenant.
(a), (b) Delete whichever is inapplicable.
*Delete as appropriate.
Notes (for information only)
A. Where a sanitary authority or a housing authority orders an improvement to a tenement, the tenant must notify the landlord within three days (by a “work notice”—section 49(1)). The landlord may respond by serving on the tenant within three days a work undertaking in Form No. 9 (section 49(2)).
B. Service of a work undertaking has the same effect as service of an improvement undertaking (section 49(4)).
C. Where the tenant serves on the sanitary authority (or housing authority) concerned a copy of a work undertaking, the matter becomes one between that authority and the landlord (section 49(5)).
Form No. 10
Landlord and Tenant (Amendment) Act, 1980
IMPROVEMENT CERTIFICATE
(Section 55(1)) (See Note A)
Date:…………………………………………… (Note C)
To: …………………………………………………… …………………………………………………… …………………………………………………… .
…………………………………………………… …………………………………………………… …………………………………………….. (tenant)
This is to certify that improvements have been duly completed upon the tenement situate at (state full address of tenement) …………………………………………………… …………………………………………………… …………………….
…………………………………………………… …………………………………………………… …………………………………………………… …
…………………………………………………… …………………………………………………… …………………………………………………… …
in accordance with (a) the Improvement Notice dated the …………………………………………………… ………………….
(b) the Improvement Order of the Court dated the …………………………………………………… ……………………………..
Signed by *the landlord/his authorised agent/his solicitor…………………………………………………… …………………
Address: …………………………………………………… …………………………………………………… ………………………………
To
The above-named tenant
(a), (b) Delete whichever is inapplicable.
*Delete as appropriate.
Notes (for information only)
A. A tenant who serves an improvement notice and who, being entitled under section 50 of the Act to do so or being authorised by the Circuit Court under section 52 of the Act to do so, duly completes the improvement, has the right to obtain an improvement certificate (in this form) if he applies to the landlord therefor within six months of that completion (section 55(1)).
B. An improvement certificate is (as against the landlord and his successors) conclusive evidence of the improvement (section 55(3)).
C. Where an improvement certificate is not given within one month of due application therefor the tenant may bring the matter before the Circuit Court (section 55(2)).
D. A landlord may require payment of his reasonable expenses as a condition of giving an improvement certificate (section 55(6)).
Form No. 11
Landlord and Tenant (Amendment) Act, 1980
SANITARY IMPROVEMENT CERTIFICATE
(Section 55(4)) (See Note A)
Date:………………………………………………….
To: (name of tenant and full address of tenement) …………………………………………………… …………………………………
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… ……..
This is to certify that work consisting of (material description of the work)
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… ……..
executed upon the tenement situate at the above address has been so executed in pursuance of and completed in accordance with the Order dated …………………………………………………… ……………………………………..
of (a) the sanitary authority for the district of …………………………………………………… ……………………………………….
(b) the housing authority for
Signed for (a) the above-named sanitary authority:
(b) the above-named housing authority:…………………………………………………… ………………………………………..
(an officer authorised in that behalf)
(a), (b) Delete whichever is inapplicable
Notes (for information only)
A. Where, on foot of an order of the sanitary authority (or the housing authority), a tenant duly completes an improvement to his tenement, he is entitled to obtain from the authority within the following six months a sanitary improvement certificate in this form. (section 55(4)).
B. A sanitary improvement certificate is (as against the landlord) prima facie evidence of the matters which it purports to certify (section 55(5)).
C. A sanitary authority (or housing authority) may require payment of their reasonable expenses as a condition of giving a sanitary improvement certificate (section 55(6)),
Form No. 12
Landlord and Tenant (Amendment) Act, 1980
NOTICE OF INTENTION TO APPLY FOR AN ORDER TERMINATING A TENANCY
(Section 60(2)) (See Note A)
Date:…………………………………………………… .
To: …………………………………………………… …………………………………………………… …………………………………………………… ..
…………………………………………………… …………………………………………………… ……………………………………………… (tenant)
1. Description of tenement to which this notice refers (Note B) …………………………………………………… ………………
…………………………………………………… …………………………………………………… …………………………………………………… ………
…………………………………………………… …………………………………………………… …………………………………………………… ………
2. Particulars of relevant lease or tenancy (Note C)
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… …….
Take Notice that I intend to apply to the Circuit Court for an order under section 60 of the Landlord and Tenant (Amendment) Act, 1980 (No. 10 of 1980) terminating the above tenancy in the above tenement.
Signed by *the landlord/his authorised agent/his solicitor: …………………………………………………… …………………
Address: …………………………………………………… …………………………………………………… …………………………………
*Delete as appropriate.
Notes (for information only)
A. An order under section 60 terminating a tenancy in a tenement may be made only where—
(i) the relevant building is obsolete or is in an obsolete area, and
(ii) the landlord has a development scheme which includes the tenement and for which planning permission has been granted, and
(iii) the tenancy has, at the time of service of this notice, not less than three years and not more than twenty-five years to run, and
(iv) the tenant has had at least six months’ notice (in this form) of the application to the Court for a termination order, and
(v) the Court considers it reasonable to make the order (section 60(2)), and
(vi) the tenancy is not a ground rent tenancy (section 60(6)).
B. Particulars should be given sufficient to identify the premises.
C. State amount of rent, date of lease or tenancy, length of term and parties to the lease or tenancy.
D. Where a termination order is made the tenant is entitled to compensation for the termination, comprising compensation for pecuniary loss, damage or expense directly sustained or incurred, to additional payment in respect of the pecuniary benefit accruing to the landlord and to further payment in respect of any further hardship sustained by the tenant (section 60(3), (5)).
E. Where a termination order is made the tenant may continue in occupation (on the same terms as under the terminated tenancy) for one year, or until compensation for the termination is paid, whichever is the later (section 60(4)).
Form No. 13
Landlord and Tenant (Amendment) Act, 1980
NOTICE REQUIRING INFORMATION FROM A LESSOR (LANDLORD)
(Section 84(1)) (See Note A)
Date: …………………………………………………..
To: …………………………………………………… …………………………………………………… …………………………………………………… .
…………………………………………………… …………………………………………………… ……………………………………………. (Note B)
1. Description of premises to which this notice refers (Note C) …………………………………………………… …………….
…………………………………………………… …………………………………………………… …………………………………………………… ……..
…………………………………………………… …………………………………………………… …………………………………………………… ………
2. Particulars of applicant’s lease or tenancy (Note D) …………………………………………………… …………………………….
…………………………………………………… …………………………………………………… …………………………………………………… ………
…………………………………………………… …………………………………………………… …………………………………………………… ………
Take Notice that I, …………………………………………………… ………… being a person seeking an estate or interest in the above premises under the above Act, 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 premises, and
(b) the name and address of the person entitled to the next superior interest in the premises.
Signed by:…………………………………………………… …………………………………………………… ………………………………………….
*his authorised agent/his solicitor …………………………………………………… …………………………………………………… …….
Address: …………………………………………………… …………………………………………………… ……………………………………
*Delete as appropriate.
Notes (for information only)
A. Section 84 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 (landlord), and
(ii) each other person having a superior interest in the premises.
C. Particulars should be given sufficient to identify the premises.
D. State amount of rent, date of lease or tenancy, parties thereto and tenure or length of term.
Form No. 14
Landlord and Tenant (Amendment) Act, 1980
NOTICE REQUIRING INFORMATION FROM A PERSON RECEIVING RENT
(Section 84(2)) (See Note A)
Date:……………………………………………… (Note B)
To: …………………………………………………… …………………………………………………… …………………………………………………… ..
…………………………………………………… …………………………………………………… ………………………. (person receiving rent)
1. Description of premises in respect of which the rent is received (Note C)
…………………………………………………… …………………………………………………… …………………………………………………… ……..
…………………………………………………… …………………………………………………… …………………………………………………… ……..
…………………………………………………… …………………………………………………… …………………………………………………… ……..
2. Particulars of lease or tenancy, the lessor or landlord under which cannot be found or ascertained (Note D) …………………………………………………… …………………………………………………… …………………………………………………… ..
…………………………………………………… …………………………………………………… …………………………………………………… …….
Take Notice that I ………………………………….. being a person seeking an estate or interest in the above premises under the above Act, require you to give me, 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 or tenancy referred to in paragraph 2 is paid by you.
(ii) …………………………………………………… …………………………………………………… ………………………………………………..
…………………………………………………… …………………………………………………… …………………………………………. (Note E)
Signed by:…………………………………………………… …………………………………………………… *his authorised agent/his solicitor…………………………………………………… ……………………….
Address: …………………………………………………… ……………………..
…………………………………………………… ……………………..
*Delete as appropriate.
Notes (for information only)
A. This notice may be served where notice in Form No. 13 cannot be served because the lessor (landlord) or superior lessor, as the case may be, cannot be found or ascertained (section 84(2) of the Act).
B. Section 84(3) provides for the duty to comply (within one month) with this notice.
C. Particulars should be given sufficient to identify the property.
D. State amount of rent, date of lease or tenancy, parties thereto and tenure or length of term insofar as these particulars can reasonably be procured by the person serving the notice.
E. 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 grant of the estate or interest in question.
GIVEN under my Official Seal, this 27th day of August, 1980.
GERARD COLLINS.
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 Landlord and Tenant (Amendment) Act, 1980 . The Act was brought into operation on the 8th day of September, 1980.
S.I. No. 52/1999 –
Landlord and Tenant (Amendment) Act, 1980, (Section 13(4)) Regulations, 1999
I, JOHN O’DONOGHUE, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by subsection (4) (inserted by section 1 of the Landlord and Tenant (Amendment) Act, 1989 (No. 2 of 1989) of section 13 of the Landlord and Tenant (Amendment), Act, 1980 (No. 10 of 1980) as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 ), hereby make the following regulations with respect to which, pursuant to that section, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:
1. These Regulations may be cited as the Landlord and Tenant (Amendment) Act, 1980, (Section 13(4)) Regulations, 1999.
2. The period of 15 years from the passing of the Landlord and Tenant (Amendment) Act, 1989 (No. 2 of 1989), is hereby specified for the purposes of subsection (4) (inserted by section 1 of the said Act) of section 13 of the Landlord and Tenant (Amendment) Act, 1980 (No. 10 of 1980).
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GIVEN under my Official Seal, this 24th day of February, 1999.
JOHN O’DONOGHUE,
Minister for Justice, Equality and Law Reform
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations extend the period of operation of the provisions of section 13 (3) of the Landlord and Tenant (Amendment) Act, 1980 , by five years.