No. 3/1967:

LANDLORD AND TENANT (GROUND RENTS) ACT, 1967

ARRANGEMENT OF SECTIONS

1 Commencement.

2 Interpretation.

3 General right to acquire fee simple.

4 Notice of intention to acquire fee simple.

5 Procedure in relation to acquisition of fee simple.

6 Conveyance of fee simple.

7 Notice requiring information.

8 Provisions in relation to parties to conveyance of fee simple.

9 Liability for cost in relation to acquisition of fee simple.

10 Power to discontinue acquisition of fee simple.

11 General right to appointment of rent.

12 Notice of intention to have rent apportioned.

13 Apportionment of rent.

14 Provisions in relation to parties to apportionment of rent.

15 Liability for costs in relation to apportionment of rent.

16 Power to discontinue apportionment of rent.

17 Determination of certain matters by arbitration.

18 Provisions in relation to determination of purchase price of fee simple by arbitration.

19 Provisions in relation to costs of arbitration.

20 Assistance of Commissioner of Valuation in relation to arbitrations.

21 Registers of arbitration awards.

22 Powers of Court in relation to arbitrations.

23 Service of notices.

24 Provision in relation to mortgages.

25 Amendment of sections 11 and 12 of Act of 1958.

26 Amendment of section 18 of Act of 1958.

27 Amendment of section 57 of Act of 1931.

28 Amendment of section 58 of Act of 1931.

29 Relaxation of certain restrictive covenants.

30 Variation of certain covenants to insure with particular insurer.

31 Continuance of certain covenants affecting fee simple acquired under this Act.

32 Costs of leases.

33 Certain contracts to be void.

34 Regulations.

35 Repeals.

36 Short title, construction and collective citation.

AN ACT TO PROVIDE FOR THE EXTINGUISHING OF CERTAIN RENTS BY ENABLING LESSEES AND TENANTS LIABLE TO PAY SUCH RENTS IN RESPECT OF LAND TO PURCHASE THE FEE SIMPLE IN THE LAND, TO PROVIDE FOR THE APPORTIONMENT OF CERTAIN RENTS, TO MAKE PROVISION IN RELATION TO THE WAIVER AND RELAXATION OF CERTAIN RESTRICTIVE COVENANTS IN LEASES, TO AMEND IN OTHER RESPECTS THE LAW OF LANDLORD AND TENANT AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[22nd February, 1967.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—This Act shall come into operation on such day as may be appointed by order of the Minister.

2.—(1) In this Act—

"the Act of 1931" means the Landlord and Tenant Act, 1931 ;

"the Act of 1958" means the Landlord and Tenant (Reversionary Leases) Act, 1958 ;

"building lease" has the meaning assigned to it by section 4 of the Act of 1958;

"business" means any trade, profession or business, whether carried on for gain or reward or not, and the public service and

"used for the purposes of business" means used wholly or in part for the purposes of business;

"the Court" means the Circuit Court;

"development" has the meaning assigned to it by the Local Government (Planning and Development) Act, 1963 ;

"fee simple" does not include the interest in land of a person holding the land under a fee farm grant;

"immediate lessor", in relation to a lessee or yearly tenant, means the person for the time being entitled to the next superior interest in the land held by the lessee or tenant, as the case may be;

"lessee" shall, where the context so admits, be construed as including the personal representatives and successors in title of the lessee;

"lessor" shall, where the context so admits, be construed as including the personal representatives and successors in title of the lessor;

"the Minister" means the Minister for Justice;

"planning authority" has the meaning assigned to it by the Local Government (Planning and Development) Act, 1963 ;

"prescribed" means prescribed by regulations made by the Minister under this Act and cognate words shall be construed accordingly;

"proprietary lease" has the meaning assigned to it by section 7 of the Act of 1958;

"superior lessor", in relation to a lessee or yearly tenant, means any person entitled to an interest in the land held by the lessee or tenant superior to the interest of the person from whom the lessee or tenant holds the land.

(2) References in this Act to a covenant, condition or agreement in a lease include references to a reservation, stipulation or proviso or to any other similar provision in the lease.

(3) References in this Act to the county registrar for the area in which any land is situate shall, where the land is situate in the areas of two or more county registrars, be construed as references to the county registrar for the area in which the larger or largest portion of the land is situate.

(4) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

3.—(1) A person who, as respects any land, is a person to whom this section applies, shall, subject to the provisions of this Act, have the right as incident to his existing interest in the 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 therein.

(2) Subject to the subsequent provisions of this section, this section applies, as respects any land, to the following persons:

( a ) a person holding the land under a building lease, whether granted before or after the commencement of this Act,

( b ) a person holding the land under a proprietary lease, whether granted before or after the commencement of this Act,

( c ) a person who held the land under—

(i) a building lease which has expired, or

(ii) a proprietary lease which has expired,

and who is entitled to be granted a reversionary lease of the land under the Act of 1958, and

( d ) in case the land is a tenement, within the meaning of the Act of 1931—

(i) a person occupying the land under a lease for a term of not less than ninety-nine years which will not expire within twenty-five years after the date of the service by the person of a notice under section 4 of this Act in relation to the land and which reserves a yearly rent (whether redeemed at any time or not) of an amount that is less than the amount of the rateable valuation of the land at the commencement of this Act,

and

(ii) a person who, or whose predecessors in title, has or have been continuously in occupation of the land as yearly tenants during the whole of the period of twenty-five years next preceding the date of the service by the person of a notice under section 4 of this Act in relation to the land at a yearly rent of an amount that, at the date of the service of the notice aforesaid, is less than the amount of the rateable valuation of the land at that date.

(3) The references in subsection (2) of this section to a building lease and a proprietary lease do not include references to—

(i) 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 years from such commencement or upon the erection after such commencement of any buildings upon the land or upon the breach of a covenant, condition or agreement in the lease),

(ii) a lease granted before the commencement of this Act 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,

(iii) a lease of land containing a covenant, condition or agreement by the lessee to erect a building or buildings or carry out development on the land if and so long as the covenant, condition or agreement has not been fully complied with,

(iv) a lease made by the Commissioners of Irish Lights, or

(v) a lease made by a harbour authority, within the meaning of the Harbours Act, 1946 , as lessor, whether before or after the passing of that Act.

(4) This section does not apply, as respects any land, to a person who—

( a ) has been declared, by virtue of subsection (1) of section 15 of the Act of 1958, not to be entitled to a reversionary lease of the land under that Act on the expiration of a building or proprietary lease and is in possession of the land under the building or proprietary lease or by virtue of subsection (2) of that section,

( b ) occupies that land as lessee under a lease of the kind specified in paragraph ( d ) of subsection (2) of this section or as a yearly tenant if the buildings on the land were not erected by the person while in occupation of the land or by another person while in occupation of the land as lessee or tenant, but it shall be presumed until the contrary is shown that the buildings were so erected.

(5) ( a ) The inclusion in the certificate signed by or on behalf of the Commissioner of Valuation on an extract from the Valuation List issued pursuant to section 9 of the Annual Revision of Rateable Property (Ireland) Amendment Act, 1860, of a statement that a valuation shown in the extract is the rateable valuation obtaining on a date specified in the certificate shall be prima facie evidence, for the purposes of paragraph (d) of subsection (2) of this section, of that fact.

( b ) Where land demised by a lease or held on a yearly tenancy does not on a particular date bear a separate rateable valuation, the Commissioner of Valuation shall have power for the purposes of this subsection to apportion the rateable valuation or valuations of the properties in which the land was comprised on that date and to charge a fee for the apportionment. Every such fee shall be determined, accounted for and applied in the same manner as the fees charged by the Commissioner pursuant to the said section 9.

(6) Where—

( a ) a building lease or a proprietary lease expired within five years before the commencement of this Act,

( b ) the person who held the land to which the lease related under the lease is, at such commencement, in possession of that land under a yearly tenancy arising by implication from the acts of the parties or as a tenant at will or without obtaining a new tenancy, and

( c ) no person is, immediately before such commencement, entitled to be granted a reversionary lease under the Act of 1958,

the person shall, during the twelve months immediately after the commencement of this Act, have the same rights in relation to the acquisition of the fee simple in the land under this Act as he would have if he were entitled to be granted a reversionary lease of the land under the Act of 1958.

4.—A person who proposes to acquire the fee simple in land by virtue of this Act shall serve a notice in the prescribed form upon each of the following persons who can be found and ascertained, that is to say, the person who is for the time being entitled to the next superior interest in the land, every (if any) person who is, in relation to the land, the superior lessor of the person so proposing and every (if any) person who is the owner of an incumbrance thereon.

5.—(1) ( a ) A person holding land under a building lease shall not be entitled to acquire the fee simple in the whole of the land under this Act unless he obtains the consent to the acquisition of every (if any) person holding the land or any of it under a proprietary lease.

( b ) A person holding land under a building lease shall not be entitled to acquire the fee simple in part of the land under this Act unless—

(i) he obtains the consent to the acquisition of every (if any) person holding the part or any of it under a proprietary lease, and

(ii) he excludes, from the notice or notices under section 4 of this Act in relation to the part, the remainder of the land.

(2) ( a ) A person holding land under a proprietary lease shall not be entitled to acquire the fee simple in the whole of the land under this Act unless he obtains the consent to the acquisition of every (if any) person holding the land or any of it under a sublease which is itself a proprietary lease.

( b ) A person holding land under a proprietary lease shall not be entitled to acquire the fee simple in part of the land under this Act unless—

(i) he obtains the consent to the acquisition of every (if any) person holding the part or any of it under a sublease which is itself a proprietary lease, and

(ii) he excludes, from the notice under section 4 of this Act in relation to the part, the remainder of the land.

(3) A person who is entitled to acquire under this Act the fee simple in land held by him under a lease shall be entitled to have the rent payable by him in respect of the land and any other land held under the same lease apportioned under this Act between the land the fee simple in which he is acquiring and the other land.

6.—(1) Where, in relation to land the fee simple in which is proposed to be acquired by a person under this Act, a notice under section 4 of this Act is served, the person by whom it is served and the person upon whom it is served shall, without unreasonable delay, take all necessary steps to effect a conveyance free from incumbrances of the fee simple and any intermediate interests in the land to the person proposing to acquire the fee simple.

(2) In subsection (1) of this section "incumbrances" does not include a mortgage or charge on the interest of the person proposing to acquire the fee simple, and, upon conveyance of the fee simple in land to a person who is acquiring the fee simple therein under this Act and whose previous interest in the land was subject to such a mortgage or charge, 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.

7.—(1) For the purpose of securing the joinder of all necessary parties in the conveyance of the fee simple in land to a person entitled to acquire it under this Act, the person may—

( a ) serve a notice in the prescribed form upon his immediate lessor in relation to the land requiring information as to the nature and duration of his reversion in the land and the existence and nature of any incumbrance thereon, the name and address of the person for the time being entitled to the next superior interest in the land and of the owner of any such incumbrance and any other information reasonably necessary for the purpose aforesaid, and

( b ) serve a similar notice upon each other person having a superior interest in the land.

(2) Where a person upon whom a notice may be served under subsection (1) of this section in relation to land cannot be found or ascertained, a notice in the prescribed form may be served upon the person receiving the rent in respect of the land requiring the name and address of the person to whom the rent is paid by the person upon whom the notice is served and any other information reasonably necessary for the purpose specified in subsection (1) of this section.

(3) A person upon whom a notice is served under this section shall, within one month of such service, give so much of the information required by the notice as is within his possession or procurement to the person by whom the notice is served.

8.—(1) Where a person who is required by this Act to convey or join in the conveyance of the fee simple in land is, by reason of having a fiduciary capacity or a limited estate or by reason of restrictive covenants in the lease under which he holds, incapable in law of conveying or joining in (as the case may be) the conveyance of the fee simple, the county registrar for the area in which the land is situate may, on the application of any person concerned, empower the person so required to convey or join in conveying (as the case may be) the fee simple.

(2) Where a person who is required by this Act to convey or join in conveying the fee simple in land is an infant or a person of unsound mind, or cannot be found or refuses or fails to execute such conveyance, the county registrar for the area in which the land is situate may, on the application of any person concerned, appoint an officer of the Court to execute such conveyance for and in the name of the person so required and thereupon the execution of such conveyance by such officer for and in the name of such person shall for all purposes be as effectual as the execution thereof by such person.

(3) Where any person who is required by this Act to convey or join in conveying the fee simple in land is unknown or unascertained, the county registrar for the area in which the land is situate may, on the application of the person entitled under this Act to acquire the fee simple, appoint any person who is receiving the rent in respect of the interest in the land of the person so entitled, or such other person as the county registrar may think fit to appoint, to represent such unknown or unascertained person in all proceedings in connection with the conveyance of the fee simple in the land, and may, at the same time or subsequently, appoint an officer of the Court to execute such conveyance for and on behalf of the person so required and unknown or unascertained and thereupon the execution of such conveyance by such officer for and on behalf of such person shall for all purposes he as effectual as the execution thereof by such unknown or unascertained person.

(4) Where under subsection (2) or (3) of this section, a county registrar appoints a person to execute, or join in the execution of, a conveyance of the fee simple in land for and in the name of or for and on behalf of any person, the county registrar may order that the purchase money payable to that person in consideration of the conveyance of his interest in the land the paid into Court before the execution of the conveyance and, upon such payment, any estate, right or interest in or claim against the land of that person existing at the time of such payment shall be transferred and shall attach to the money and the Court may make such order, or give such direction, for the disbursement and distribution of the money and any interest or dividends thereon, as it may deem proper.

(5) Where a person upon whom a notice under section 4 of this Act in relation to land is required to be served cannot be found or ascertained, the person shall be deemed, for the purposes of this section, to be a person who is required by this Act to convey or join in conveying the fee simple in the land.

(6) A power conferred on a county registrar by this section or by section 14 of this Act shall be exercised in relation to an infant or a person of unsound mind who is a ward of court only by leave of the court of which he is a ward, and the power conferred on the Court by subsection (4) of this section shall be exercised in relation to any such ward who is a ward of the High Court in accordance with the directions of the High Court.

9.—A person (in this section referred to as the applicant) who proposes to acquire the fee simple in land by virtue of this Act shall be liable for the payment of the reasonable costs and expenses actually and necessarily incurred in complying with the provisions of this Act by a person upon whom a notice under section 4 of this Act in relation to the land has been served but, if a notice under section 10 of this Act in relation to the land is served on the person, the applicant shall not be liable for the payment of any such costs or expenses incurred by the person after the service of the latter notice

10.—Where a notice under section 4 of this Act in relation to land is served by a person, the person may, at any time before conveyance to him of the fee simple in the land, discontinue the acquisition of the fee simple by serving a notice in the prescribed form upon each person upon whom a notice under the said section 4 was served stating that he is withdrawing the said notice and does not intend to acquire the fee simple in the land.

11.—(1) Where land demised by a lease (being either a building lease or a proprietary lease) is held by more than one person each of whom is a lessee under a building lease or a proprietary lease, an assignee from any such lessee of part of such land or a successor in title of any such assignee and the rent reserved by the first-mentioned lease is being paid to the lessor by one only of the persons, that person shall be entitled to have the rent apportioned between the part of the land held by him and the part of the land held by each such other person who is liable for the payment of part of the rent to the person so entitled

(2) Where a rent reserved by a lease is apportioned under this Act between different parts of the land demised by the lease—

( a ) any such part shall be subject to the payment to the lessor only of the portion of the rent apportioned in respect thereof and shall not be subject to the payment to any other person of any portion of the rent, and

( b ) any such part shall be subject only to the performance and observance of the covenants and conditions contained in the lease in so far as they are applicable to that part, in the same manner as if that part only were demised by the lease subject to the apportioned rent and subject to the performance and observance of the covenants and conditions aforesaid.

(3) Where a rent reserved by a lease is apportioned under this Act—

( a ) a fine, or payment in the nature of a fine, shall not be charged or payable for or in respect of the apportionment,

( b ) the total of the rents payable as a result of the apportionment shall not exceed the amount of the rent reserved by the lease together with the estimated additional cost (if any), attributable to the apportionment, of collecting the apportioned rents,

( c ) the estimated additional cost (if any), attributable to the apportionment, of collecting the apportioned rents shall be determined at the time of the apportionment and shall be included in the apportioned rent payable by the person by whom the notice under section 12 of this Act relating to the lease was served.

12.—A person who proposes to have a rent reserved by a lease apportioned under this Act shall serve a notice in the prescribed form upon each of the following persons who can be found and ascertained, that is to say, the person to whom the rent is payable and any other person who holds any of the land demised by the lease as lessee under a building lease or a proprietary lease, as assignee from any such lessee or as successor in title of any such assignee.

13.—Where, in relation to a rent which is proposed to be apportioned under this Act, notices under section 12 of this Act are served, the person by whom they are served and the persons upon whom they are served shall, without unreasonable delay, take all necessary steps to effect an apportionment of the rent to which the notices relate.

14.—(1) Where a person who is required by this Act to join in the apportionment of a rent is, by reason of having a fiduciary capacity or a limited estate or by reason of restrictive covenants in the lease under which he holds, incapable in law of joining in the apportionment, the county registrar for the area in which the land as respects which the rent is payable is situate may, on the application of any person concerned, empower the person so required to join in the apportionment.

(2) Where a person who is required by this Act to join in the apportionment of a rent is an infant or a person of unsound mind, or cannot be found or refuses or fails to execute any relevant document, the county registrar for the area in which the land as respects which the rent is payable is situate may, on the application of any person concerned, appoint an officer of the Court to execute such document for and in the name of the person so required and thereupon the execution of such document by such officer for and in the name of such person shall for all purposes be as effectual as the execution thereof by such person.

(3) Where any person who is required by this Act to join in the apportionment of a rent is unknown or unascertained, the county registrar for the area in which the land as respects which the rent is payable is situate may, on the application of the person seeking the apportionment, appoint any person who is receiving the rent in respect of the interest in the land of the person making the application, or such other person as the county registrar may think fit to appoint, to represent such unknown or unascertained person in all proceedings in connection with the apportionment, and may, at the same time or subsequently, appoint an officer of the Court to execute any relevant document for and on behalf of the person so required and unknown or unascertained, and thereupon the execution of such document by such officer for and on behalf of such person shall for all purposes be as effectual as the execution thereof by such unknown or unascertained person.

(4) Where a person upon whom a notice under section 12 of this Act in relation to rent is required to be served cannot be found or ascertained, the person shall be deemed, for the purposes of this section, to be a person who is required by this Act to join in the apportionment of the rent.

15.—A person (in this section referred to as the applicant) who proposes to have a rent apportioned under this Act shall be liable for the payment of the reasonable costs and expenses actually and necessarily incurred in complying with the provisions of this Act by a person upon whom a notice under section 12 of this Act in relation to the rent has been served, but if a notice under section 16 of this Act in relation to the rent is served upon the person, the applicant shall not be liable for any such costs or expenses incurred by the person after the service of the latter notice.

16.—Where a notice under section 12 of this Act in relation to a rent is served by a person, the person may, at any time before the apportionment of the rent, discontinue the apportionment by serving a notice in the prescribed form upon each person upon whom a notice under the said section 12 was served stating that he is withdrawing the said notice and does not intend to have the rent apportioned.

17.—(1) If any dispute, question or difficulty arises in regard to the acquisition of the fee simple or any other interest in land under this Act, the purchase price thereof, the apportionment of such purchase money payable in respect of such acquisition or of a rent under or for the purposes of this Act, costs or expenses incurred under this Act, compliance by a person with a provision of this Act or any other matter arising under this Act (other than sections 25 to 30 of this Act), any person concerned may apply to the county registrar for the area in which the land to which the application relates is situate to have the matter determined by his arbitration and the county registrar shall make such award as justice shall require.

(2) Without prejudice to the generality of subsection (1) of this section, a county registrar may, in an arbitration under this Act, make an award in relation to land—

( a ) determining the person (if any) entitled to acquire the fee simple therein under this Act,

( b ) determining the purchase price to be paid in respect of the acquisition,

( c ) determining the person or persons entitled to receive the purchase money in respect of the acquisition and the amount which each person is entitled to receive,

( d ) determining if a person is entitled to have a rent apportioned under section 5 or 11 of this Act, and

( e ) apportioning (whether under the said section 5 or 11 or otherwise for the purposes of this Act) any rent payable in respect of land part of which is land the fee simple in which is being acquired under this Act.

(3) A county registrar shall have, for the purpose of and in relation to an arbitration under this Act, the same power of making orders in respect of—

( a ) security for costs,

( b ) discovery and inspection of documents and interrogatories,

( c ) the giving of evidence by affidavit,

( d ) examination on oath of any witness,

as the Court has for the purpose of and in relation to any action or matter in that court.

(4) Whenever it appears to a county registrar for any county that he cannot properly deal with a matter falling to be determined by his arbitration under this Act by reason of the fact that he has a personal interest therein or such personal knowledge of the facts or of the parties as might prejudice his determination of the matter, he shall nominate the county registrar for an adjoining county to hear and determine the matter and, upon such nomination, the matter may be heard and determined accordingly.

(5) Sections 29 , 35 , 36 , 37 and 41 of the Arbitration Act, 1954 , shall not apply in relation to an arbitration under this Act.

18.—(1) Where the purchase price of the fee simple or any other interest in land being acquired under this Act falls to be determined by arbitration under this Act—

( a ) the purchase price shall, subject to paragraphs ( b ) and ( c ) of this subsection, be the sum which, in the opinion of the county registrar conducting the arbitration, a willing purchaser would give and a willing vendor would accept for the fee simple or other interest having had regard to—

(i) the rent payable in respect of the land by the person acquiring the fee simple therein,

(ii) where the land was held by the person acquiring the fee simple therein under a lease which has expired or is held by him under a lease which will expire less than twenty-five years after the date of the service of the notice under section 4 of this Act in relation to the land, the rent which, in the opinion of the county registrar, would be reserved by a reversionary lease of the land granted under the Act of 1958 for a term commencing on the expiration of the first-mentioned lease,

(iii) the current interest yields on securities of the Government issued for subscription in the State,

(iv) if the land is used for the purposes of business or exceeds one acre in area and is not used for the purposes of business, the area and nature of the land, its location and user and the state of repair of any buildings or structures thereon,

(v) the price paid for the fee simple or any other interest in the land on a sale taking place on or after the 22nd day of May, 1964,

(vi) any mortgage or other charge on the interest in the land of any person from whom, mediately or immediately, the person acquiring the fee simple holds the land,

(vii) the cost and expenses which, in the opinion of the county registrar, will be incurred by the persons from whom, mediately or immediately, the person acquiring the fee simple holds the land, in investing the purchase money payable in respect of the acquisition of the fee simple,

(viii) the current price of the lessor's or landlord's interest in land held under leases or yearly tenancies similar to the lease or yearly tenancy, as the case may be, under which the land is held by the person acquiring the fee simple, and

(ix) such other matters as are, in the opinion of the county registrar, relevant to the determination of the purchase price,

and

( b ) if the land—

(i) is not used for the purposes of business,

(ii) is held by the person acquiring the fee simple under a yearly tenancy or a lease which will not expire within twenty-five years after the date of the service of the notice under section 4 of this Act in relation to the land, and

(iii) does not exceed one acre in area,

subject to paragraph ( c ) of this subsection, the purchase price shall not exceed the amount which, if invested on the date of the award in the security of the Government which was issued last before that date for subscription in the State and is redeemable not less than fifteen years after the date of issue, would produce annually in gross interest (allowance having been made in calculating the interest for any profit or loss which will occur on the redemption of the security) an amount equal to the amount of the rent payable under the lease or yearly tenancy, as the case may be, during the year immediately preceding the date of the service of the notice under section 4 of this Act in relation to the land, and

( c ) where the cost of extinguishing a rent or charge out of or on land the fee simple in which is being acquired under this Act is fixed by statute, allowance shall be made for such cost in determining the purchase price of the fee simple under this section.

(2) Where the purchase price of the fee simple or any other interest in land being acquired under this Act has been determined by arbitration under this Act, the county registrar who made the determination shall, if requested by a party to the arbitration to do so—

( a ) state whether in making the determination he has had regard to a matter or matters of the kind referred to in section 18 (1) ( a ) (ix) of this Act, and

( b ) if he has so had, specify the matter or matters.

19.—(1) Where an award or order is made in an arbitration under this Act, the county registrar conducting the arbitration shall direct to and by whom and in what manner the costs of the arbitration shall be paid and shall tax or settle the amount of costs to be so paid.

(2) Notwithstanding any other provision of this Act, where, in the opinion of a county registrar, a party to an arbitration under this Act conducted by him has behaved (whether by act or omission) unreasonably 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 the acquisition of the fee simple in land under this Act or the apportionment of a rent under this Act or the costs of such acquisition or apportionment,

and such behaviour, refusal, failure or delay occasioned the incurring of the whole or part of the costs of the arbitration, the county registrar may direct that, as he may consider reasonable, the whole, or such part as he may specify, of the costs of the arbitration shall be paid by the party aforesaid.

(3) A county registrar shall not direct fees of counsel retained on behalf of a party to an arbitration under this Act to be paid by another party to the arbitration unless a question of law was involved in the arbitration of such kind as, in the opinion of the county registrar, rendered it necessary to retain counsel.

(4) References in this section to the costs of an arbitration are references to party and party costs.

20.—(1) A county registrar conducting an arbitration under this Act may and, if so requested by any party concerned, shall cause to be sent to the Commissioner of Valuation a request for a valuation, estimate or statement in respect of any particular matter relevant to the determination of the purchase price of the fee simple in land being acquired under this Act or to the apportionment of a rent under this Act and may for the purpose adjourn the arbitration.

(2) Upon receipt of a request under this section, the Commissioner of Valuation shall cause such valuation, estimate or statement as is mentioned in the request to be prepared and sent to the county registrar concerned together with a statement of the fee, calculated in accordance with regulations made by the Minister for Finance, payable therefor.

(3) Any party concerned shall be entitled to obtain from the county registrar concerned a copy of a valuation, estimate or statement furnished by the Commissioner of Valuation to him in pursuance of this section, subject to payment therefor at the rate for the time being chargeable by law for copies of documents obtained from a Circuit Court Office.

(4) The fee payable under this section for a valuation, estimate or statement sent by the Commissioner of Valuation to a county registrar in pursuance of this section shall be borne and paid to the county registrar by such party or parties and in such proportion as he shall direct and shall be paid by the county registrar into, or disposed of by him for the benefit of, the Exchequer in such manner as the Minister for Finance shall direct.

(5) Where a request is sent under this section in relation to land to the Commissioner of Valuation at the request of a party, the county registrar concerned shall, in determining the purchase price of the fee simple in the land or in apportioning a rent payable in respect thereof, as the case may be, have regard to the valuation, estimate or statement furnished by the said Commissioner.

21.—(1) A county registrar shall keep—

( a ) a register in the prescribed form of all awards made by him in arbitrations under this Act in relation to the price of the fee simple in land being acquired under this Act, and

( b ) a register in the prescribed form of all other awards made by him in arbitrations under this Act.

(2) Registers kept under this section shall be made available for public inspection and copies of entries in the registers shall be made available to the public and the Minister may prescribe the places at which and the times during which the registers shall be so made available and, with the concurrence of the Minister for Finance, the fees to be charged for such inspection and for such copies.

(3) A copy of an entry in a register kept under this section by a county registrar purporting to be signed by the county registrar shall, without proof of the signature of the person purporting to sign the copy or that he was the county registrar, be evidence until the contrary is proved of the matters stated in the entry.

22.—(1) An appeal shall lie to the Court against an award, order or other decision of a county registrar in an arbitration under this Act.

(2) The Court may remit, before giving its decision, any matter the subject of an appeal to it under this section to the reconsideration of the county registrar who conducted the arbitration in question or remit the matter to the rehearing of another county registrar.

(3) An award or order of a county registrar in an arbitration under this Act may, by leave of the Court, be enforced as a judgement or order to the same effect and, where leave is so given, judgement may be entered in terms of the award.

23.—(1) Service of a notice under this Act may be effected by post and, if so effected, shall be by registered post.

(2) Service of a notice under this Act on behalf of a person shall be deemed, for the purposes of this Act, to be service of the notice by the person.

24.—(1) For the purposes of the application of section 3 or 11 of this Act or section 11 or 12 of the Act of 1958 to a person in relation to any land, the existence of a mortgage on the interest of the person in that land shall be disregarded.

(2) Where—

( a ) either before or after the commencement of this Act, a lessee executes a mortgage by subdemise of the whole or part of the land comprised in his lease, retaining a nominal reversion therein, and

( b ) either before or after such commencement, the land comprised in the subdemise is sold for the enforcement of the mortgage,

the purchaser shall, for the purposes of this Act, be deemed to have acquired the interest of the lessee in the demised land for the entire of the unexpired term of the lease, including the period of the nominal reversion.

25.—(1) Sections 11 and 12 of the Act of 1958 are hereby amended by the substitution in subsection (2) of each section of "three months" for "fifteen years".

(2) Subsection (1) of this section shall not have effect in relation to a case where a valid notice under subsection (1) of the said section 11 or the said section 12, as the case may be, was served before the commencement of this Act.

26.—(1) Section 18 of the Act of 1958 is hereby amended by the substitution of "one-eighth" for "one-sixth" in subsection (4).

(2) The Minister may from time to time by order amend the said subsection (4) by substituting for the fraction standing specified for the time being therein another fraction.

(3) An order under this section shall not come into force unless approved by resolution of each House of the Oireachtas but, upon being so approved, shall come into force forthwith.

27.—Section 57 of the Act of 1931 is hereby amended by the deletion in paragraph ( b ) of subsection (2) of "if the alteration does not involve any structural alteration of the tenement," and the insertion of "if the alteration does not involve the erection, provision or reconstruction (not being an improvement within the meaning of the Landlord and Tenant (Reversionary Leases) Act, 1958 ) of any building or structure."

28.—Section 58 of the Act of 1931 is hereby amended by the insertion after subsection (2) of the following subsections:

"(3) In every lease (whether made before or after the passing of this Act) of a tenement in which there is contained a covenant, condition or agreement prohibiting, either expressly or by virtue of subsection (1) of this section, the making thereon of any improvement without the licence or consent of the lessor, such covenant, condition or agreement shall, notwithstanding any express provision to the contrary, be subject to a proviso that no fine or sum of money in the nature of a fine (other than a reasonable sum in respect of legal or other expenses incurred by him in connection with such licence or consent) nor any increase of rent shall be payable for or in respect of such licence or consent.

(4) In this section 'improvement' has the meaning assigned to it by the Landlord and Tenant (Reversionary Leases) Act, 1958 ."

29.—(1) Where a person who holds land under a lease (whether granted before or after the commencement of this Act) which is a building lease or a proprietary lease proposes to do, in relation to the land, anything—

( a ) which is development and as respects which permission has been granted under Part IV of the Local Government (Planning and Development) Act, 1963 ,

( b ) which is exempted development for the purposes of that Act, or

( c ) as respects which consultation is required by section 84 of that Act and has taken place to the extent required by that section,

and which, if done, would, apart from this section, be a breach of any covenant, condition or agreement in the lease prohibiting the alteration of the user of the land or the making of an improvement (within the meaning of the Act of 1958) thereon, the covenant, condition or agreement shall not, in so far as it prohibits such alteration or the making of such an improvement, apply or have effect in relation to that thing.

(2) Subsection (1) of this section does not apply in relation to a covenant, condition or agreement—

( a ) to which section 31 of this Act applies, or

( b ) which is contained in a lease made by a harbour authority, within the meaning of the Harbours Act, 1946 , as lessor, whether before or after the passing of this Act,

( c ) which has the effect of prohibiting the erection, provision or reconstruction (not being an improvement within the meaning of the Act of 1958) of any building or structure, in so far as the covenant, condition or agreement has such effect, or

( d ) prohibiting any alteration of the user of the land demised by the lease which would impose a liability or an increased liability on the lessor for the payment of rates, in so far as the covenant, condition or agreement prohibits such alteration.

30.—Where a lessee under a building or proprietary lease is, by virtue of a covenant, condition or agreement (whether contained in the lease or in an ancillary or collateral agreement, not being a mortgage), required to effect a contract of insurance in relation to a building or buildings on the land demised by the lease with a specified insurer or an insurer selected or approved of either by the lessor under the lease or another person or through a specified agent, or an agent selected or approved of either by the said lessor or another person, the covenant, condition or agreement shall be construed and have effect as if it were a covenant, condition or agreement requiring the lessee to effect such contract of insurance, either directly or through any agent, as the case may be, with any insurer who is for the time being the holder of an assurance licence granted under the Insurance Act, 1936 .

31.—Where the fee simple in land demised by a lease containing a covenant, condition or agreement which protects or enhances the amenities of any land occupied by the owner of the lessor's interest in the lease or relates to the performance of a duty imposed by statute on such owner or to a right of way over the land demised by the lease or a right of drainage or other right necessary to secure or assist the development of land other than the land demised by the lease is acquired under this Act, the covenant, condition or agreement shall, notwithstanding anything contained in this Act, continue in full force and effect and shall be enforceable, in the case of a covenant, condition or agreement which does not relate to a right of way, right of drainage or other right aforesaid, by such owner or his personal representatives or successors in title as if the acquisition had not occurred and, in the case of a covenant, condition or agreement which does so relate, by any person aggrieved by the breach thereof.

32.—(1) Notwithstanding any rule of law, a party to a lease shall not be under an obligation to pay the solicitor's costs of the lease of any other party to the lease and so much of any contract made after the commencement of this Act as provides for the payment of all or any of the solicitor's costs of the lease of any party to the lease by any other party thereto shall be void.

(2) In this section "lease" includes an agreement for a lease or for a tenancy but does not include a mortgage by subdemise.

33.—(1) Subject to subsection (2) of this section, so much of any contract made after the commencement of this Act as provides that any provision of this Act shall not apply in relation to a person or that the application of any such provision shall be varied, modified or restricted in any way in relation to a person shall be void.

(2) Nothing in this Act shall prevent a person from giving or accepting, for the purpose of the acquisition of the fee simple or other interest in land under this Act, or the apportionment of a rent under this Act, a shorter title to a fee simple or any other interest in land than the title which a purchaser is, in the absence of special contract, entitled to require.

34.—(1) The Minister may make regulations in relation to any matter referred to in this Act as prescribed.

(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.

35.—(1) Sections 10 and 18 of the Landlord and Tenant Law Amendment Act, Ireland, 1860, and in section 14 (6) (i) of the Conveyancing Act, 1881, the words "To a covenant condition against the assigning underletting, parting, with the possession, or disposing of the land leased, or" are hereby repealed.

(2) Where a breach of an agreement which, but for this section, would have been a contravention of the said section 10 or 18 took place before the commencement of this Act and a right of re-entry or forfeiture for the breach was not enforce and proceedings to enforce such right were not instituted before such commencement, this section shall, in relation to the breach, be deemed to have come into operation immediately before the occurrence of the breach.

36.—(1) This Act may be cited as the Landlord and Tenant (Ground Rents) Act, 1967 .

(2) The Landlord and Tenant Acts, 1931 and 1958, and this Act shall be construed together as one Act and may be cited together as the Landlord and Tenant Acts, 1931 to 1967.