Landlord and Tenant (Ground Rents) (Amendment) Act 2019
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: In this Act—
“Act of 1967” means the Landlord and Tenant (Ground Rents) Act 1967 ;
“Act of 1978” means the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 .
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paragraphs: Section 3 of the Act of 1978 is amended by the insertion of the following definition after the definition of “the Act of 1967”:
“ ‘the Act of 2001’ means the Valuation Act 2001 ;”.
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paragraphs: Section 9 of the Act of 1978 is amended—
(a) in subsection (1)—
(i) by the substitution of the following paragraph for paragraph (b):
“(b) that where the permanent buildings comprise, in whole or in part, an alteration or reconstruction, the alteration or reconstruction caused those buildings to lose their original identity;”,
and
(ii) by the substitution of the following paragraph for paragraph (c):
“(c) that the permanent buildings and, where applicable, any alteration or reconstruction referred to in paragraph (b) which caused those buildings to lose their original identity, were not erected in contravention of a covenant in the lease; and”,
(b) by the deletion of subsection (2), and
(c) by the insertion of the following subsection after subsection (5):
“(6) For the purposes of subsection (1)(b) or (c), in considering whether the permanent buildings have lost their original identity the arbitrator—
(a) may have regard to all or any of the following matters—
(i) a change in the use of the buildings,
(ii) the extent of any alteration or reconstruction,
(iii) a change in the character of the buildings, and
(iv) such other matter as the arbitrator considers relevant,
and
(b) shall not refuse to hold that the buildings have lost their original identity by reason only of the fact that a part or parts of the original buildings are identifiable at the date of service under section 4 of the Act of 1967 of a notice of intention to acquire the fee simple or at the date of an application under Part III, as the case may be.”.
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paragraphs: (1) Section 10 of the Act of 1978 is amended—
(a) in condition 1, by the substitution of “permanent buildings or such of those permanent buildings as have caused the buildings to lose their original identity” for “permanent buildings”,
(b) by the substitution of the following condition for condition 2—
“2. that the lease is for a term of not less than fifty years and the yearly amount of the rent or the greatest rent reserved thereunder (whether redeemed at any time or not) is of an amount that is less than the amount of the rateable valuation of the property and that the permanent buildings on the land demised by the lease were not erected by the lessor or any superior lessor or any of their predecessors in title provided that—
(a) it shall be presumed until the contrary is proved that the permanent buildings were not so erected,
(b) a reference in this condition and in section 15(1)(e) to ‘predecessors in title’ shall not be taken to include a reference to any previous lessee of the land demised by the lease, and
(c) “rateable valuation” in this condition and in section 15(1)(d)(i) means—
(i) in relation to property in respect of which the Commissioner of Valuation may issue a certificate under section 67 of the Act of 2001, the rateable valuation of that property as stated in a certificate so issued, and
(ii) in relation to property, other than property which comes within clause (i), the rateable valuation of that property as stated in a certificate issued under section 67A of the Act of 2001;”,
and
(c) in condition 5(a), by the substitution of “the rateable valuation of the property at the date of the grant of the lease as stated in a certified copy extract, issued under section 67B of the Act of 2001, of a valuation list in existence at the date of such grant” for “the rateable valuation of the property at the date of the grant of the lease”.
(2) The amendments to section 10 of the Act of 1978 effected by subsection (1)(b) apply where a notice of intention to acquire the fee simple is served under section 4 of the Act of 1967 or an application is made under Part III of the Act of 1978 after 5 November 2019.
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paragraphs: (1) Section 15(1)(d) of the Act of 1978 is amended in clause (i) by the deletion of the words “at the date of service of that notice of intention or application”.
(2) The amendment to section 15 of the Act of 1978 effected by subsection (1) applies where a notice of intention to acquire the fee simple is served under section 4 of the Act of 1967 or an application is made under Part III of the Act of 1978 after 5 November 2019.
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paragraphs: The Valuation Act 2001 is amended by the insertion of the following sections after section 67:
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paragraphs: (1) This Act may be cited as the Landlord and Tenant (Ground Rents) (Amendment) Act 2019.
(2) The Landlord and Tenant Acts 1967 to 2008 and this Act, other than section 6 , may be cited together as the Landlord and Tenant Acts 1967 to 2019.
(3) The Valuation Acts 2001 to 2015 and section 6 may be cited together as the Valuation Acts 2001 to 2019.
(4) This Act shall come into operation on such day or days as the Minister for Justice and Equality may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.