Landlord and Tenant (Amendment) Act, 1980

Landlord and Tenant (Amendment) Act, 1980 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1980 Landlord and Tenant (Amendment) Act, 1980 Landlord and Tenant (Amendment) Act, 1980 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 10 of 1980 LANDLORD AND TENANT (AMENDMENT) ACT, 1980 ARRANGEMENT OF SECTIONS PART I Preliminary Section 1. Short title, construction and collective citation. 2. Commencement. 3. Interpretation. 4. Restriction on application to State. 5. “Tenement”. 6. Premises provided by local authorities. 7. Statutory tenancies under the Rent Restrictions Act, 1960. 8. Jurisdiction of Circuit Court. 9. Regulations. 10. Expenses. 11. Repeals and consequential provisions. 12. Rules of court. PART II Right to New Tenancy 13. Application of Part II. 14. Application of Part II to business premises decontrolled by Rent Restrictions Act, 1960. 15. Application of Part II to dwellings decontrolled by Rent Restrictions (Amendment) Act, 1967. 16. Right of tenant to new tenancy. 17. Restrictions on right to new tenancy. 18. Provisions relating to award of new tenancy. 19. Provisions where tenant not entitled to new tenancy. 20. Notice of intention to claim relief. 21. Application for relief. 22. Offer by landlord of new tenancy in lieu of compensation. 23. Fixing of terms of new tenancy by Court. 24. Review of rent. 25. Modification of sections 23 and 24 in case of dwellings to which section 15 relates. 26. Termination of tenancy after order for new tenancy. 27. Continuation of existing tenancies. 28. Right of tenant to continue in occupation pending decision. 29. Tenancy terminated before commencement of this Act. PART III Reversionary Leases 30. Reversionary lease. 31. Application to obtain reversionary lease. 32. Persons bound to grant reversionary leases. 33. Restrictions on right to reversionary lease. 34. Terms of reversionary lease settled by Court. 35. Determination of rent. 36. Gross rent. 37. Applications to the Court. 38. Expenditure on repairs. 39. Reversionary lease a graft on former lease. 40. Right of lessee to continue in possession. 41. Evidence of agreement to build. 42. Buildings replaced under covenant. 43. Buildings erected in breach of covenant. 44. Application of Act of 1967. PART IV Compensation Compensation for Improvements 45. “Improvement”. 46. Compensation for improvements. 47. Measure of compensation for improvements. 48. Improvement notice. 49. Works required by public authority. 50. Execution of improvement in absence of objection. 51. Rights of parties on service of improvement undertaking. 52. Rights of parties on service of improvement objection. 53. Restriction on increase of rent of controlled dwellings. 54. Restrictions on right to compensation for improvements. 55. Improvement certificate. 56. Claim for improvements. 57. Compensation for improvements a first charge. Compensation for Disturbance 58. Compensation where tenant not entitled to new tenancy. 59. Compensation where lessee not entitled to new lease. 60. Compensation on termination of tenancy in obsolete buildings. Consequential Provisions 61. Set-off compensation against rent, etc. . 62. Payment of compensation where interest is mortgaged. 63. Protection of trustees, etc. . PART V Covenants in Leases of Tenements 64. “Lease”. 65. Damages for breach of covenants to repair. 66. Covenants against alienation. 67. Covenants restrictive of user. 68. Covenants against making improvements. 69. Consent of lessor who cannot be found. PART VI Miscellaneous 70. Application of Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, to certain public authorities. 71. Amendment of section 10, condition 5 of Landlord and Tenant (Ground Rents) (No. 2) Act, 1978. 72. Extension of sections 10 and 12 of Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, to certain subleases for less than 50 years. 73. Preservation of pre-existing rights. 74. Conversion of leases for lives into fee simple. 75. Sale of houses for which letting grants were paid to public utility societies. 76. Necessary party to deed, etc., under disability or failing to act. 77. Survival of rights on death. 78. Lease terminating by ejectment or re-entry. 79. Application of Settled Land Acts. 80. Mortgages. 81. Valuation by Commissioner of Valuation. 82. Evidence and apportionment of rateable valuation. 83. Extension of times limited by this Act. 84. Notices requiring information. 85. Void contracts. 86. Rights of entry and inspection. 87. Set-off against rent for cost of repairs. 88. Service of notices. SCHEDULE Repeal of Enactments Number 10 of 1980 LANDLORD AND TENANT (AMENDMENT) ACT, 1980 AN ACT TO AMEND THE LAW RELATING TO THE RENEWAL OF LEASES AND TENANCIES AND TO COMPENSATION FOR IMPROVEMENTS AND FOR DISTURBANCE OR LOSS OF TITLE AND FOR THESE AND OTHER PURPOSES TO AMEND THE LAW OF LANDLORD AND TENANT AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [9th June, 1980] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary Short title, construction and collective citation. 1.—(1) This Act may be cited as the Landlord and Tenant (Amendment) Act, 1980. (2) The Landlord and Tenant (Ground Rents) Act, 1967 , the Landlord and Tenant (Amendment) Act, 1971 , the Landlord and Tenant (Ground Rents) Act, 1978 , the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , and this Act shall be construed together as one Act and may be cited together as the Landlord and Tenant Acts, 1967 to 1980. Commencement. 2.—This Act shall come into operation on such day as the Minister by order appoints. Interpretation. [1931, s. 2; 1958, s. 2] 3.—(1) In this Act, except where the context otherwise requires— “Act of 1931” means the Landlord and Tenant Act, 1931 ; “Act of 1958” means the Landlord and Tenant (Reversionary Leases) Act, 1958 ; “Act of 1967” means the Landlord and Tenant (Ground Rents) Act, 1967 ; “business” means any trade, profession or business, whether or not it is carried on for gain or reward, any activity for providing cultural, charitable, educational, social or sporting services, and also the public service and the carrying out by an authority being the council of a county, the corporation of a county or other borough, the council of an urban district, the commissioners of a town, a health board under the Health Act, 1970 , or a harbour authority under the Harbours Act, 1946 , of any of their functions; “controlled dwelling” means a controlled dwelling under the Rent Restrictions Act, 1960 ; “the Court” means the Circuit Court; “covenant” includes condition and agreement and any reservation, stipulation or other similar provision in a lease or tenancy; “development” and “development plan” have the meanings assigned by the Local Government (Planning and Development) Act, 1963 ; “immediate lessor” means the person for the time being entitled to the next superior interest in premises held by any other person under a lease or other contract of tenancy or otherwise; “improvement certificate” has the meaning assigned by section 55 (1); “improvement consent” has the meaning assigned by section 48 (2) (a); “improvement notice” has the meaning assigned by section 48 (1); “improvement objection” has the meaning assigned by section 48 (2) (c); “improvement order” has the meaning assigned by section 52 (3); “improvement undertaking” has the meaning assigned by section 48 (2) (b); “landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of premises by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of his tenancy; “lease” means an instrument in writing, whether under or not under seal, containing a contract of tenancy in respect of any land in consideration of a rent or return and includes a fee farm grant; “lessee” includes tenant and the personal representatives and successors in title of a lessee; “lessor” includes landlord and the personal representatives and successors in title of a lessor; “the Minister” means the Minister for Justice; “planning authority” has the meaning assigned by the Local Government (Planning and Development) Act, 1963 ; “planning permission” means a permission for the development of land if required by and granted under Part IV of the Local Government (Planning and Development) Act, 1963 , and, where regulations under section 25 of that Act make provision for outline applications, includes a permission granted on such an application; “predecessors in title”— (a) when used in relation to a tenant, means all previous tenants under the same tenancy as the tenant or any tenancy of which that tenancy is or is deemed to be a continuation or renewal, and (b) when used in relation to a landlord, means all previous landlords; “prescribed” means prescribed by regulations made by the Minister under this Act; “Rent Restrictions Acts”, when used without reference to particular years, includes, where the context so admits, a reference to the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 , to the Rent Restrictions Act, 1946 , and to the Rent Restrictions Acts, 1960 and 1967; “reversionary lease” has the meaning assigned by section 30; “state authority” means any authority being a Minister of the Government, the Commissioners of Public Works in Ireland or the Irish Land Commission; “statutory tenancy” means a statutory tenancy under the Rent Restrictions Act, 1946 , or the Rent Restrictions Act, 1960 ; “tenant” means the person for the time being entitled to the occupation of premises and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his tenancy; “tenement” has the meaning assigned by section 5; “work notice” has the meaning assigned by section 49 (1); “work undertaking” has the meaning assigned by section 49 (2). (2) A reference in this Act to a Part or section is to a Part or section of this Act unless it is indicated that reference to some other enactment is intended. (3) A reference in this Act to a subsection, paragraph or other division is to the subsection, paragraph or other division of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. (4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment. Restriction on application to State. [New] 4.—(1) In this section “the relevant date” means the date on which a State authority acquires the interest of the lessor or immediate lessor of any premises. (2) Subject to the following subsections, this Act shall not bind a State authority in its capacity as lessor or immediate lessor of any premises. (3) Where a State authority acquires the interest of the lessor or immediate lessor of any premises after the commencement of this Act, section 13 shall apply as if the expressions “at any time” and “at that time” in subsection (1) thereof were references to the relevant date and Part II shall apply accordingly. (4) Subject to the provisions of this Act, in a case to which subsection (3) applies, the tenant shall be entitled to a new tenancy in the tenement beginning on the termination of the tenancy under which he holds at the relevant date but he shall not be entitled to a further renewal of his tenancy. (5) In a case to which subsection (3) applies, subsection (2) shall not apply so as to disqualify any person for payment of compensation for improvements in respect of such improvements as may have been carried out before the relevant date. “Tenement”. [New in pt. cf. 1931, s. 2; 1960, s. 54; 1967, No. 10, s. 13 (3) (i)] 5.—(1) In this Act “tenement” means— (a) premises complying with the following conditions: (i) they consist either of land covered wholly or partly by buildings or of a defined portion of a building; (ii) if they consist of land covered in part only by buildings, the portion of the land not so covered is subsidiary and ancillary to the buildings; (iii) they are held by the occupier thereof under a lease or other contract of tenancy express or implied or arising by statute; (iv) such contract of tenancy is not a letting which is made and expressed to be made for the temporary convenience of the lessor or lessee and (if made after the passing of the Act of 1931) stating the nature of the temporary convenience; and (v) such contract of tenancy is not a letting made for or dependent on the continuance in any office, employment or appointment of the person taking the letting; or (b) premises to which section 14 or 15 applies. (2) For the purposes of subsection (1) (a) (iii), where a State authority holds premises under a lease or other contract of tenancy express or implied or arising by statute, the authority shall be deemed to be in exclusive occupation thereof notwithstanding that they may be occupied for the purposes of another State authority. (3) Where— (a) a person holds premises under a lease or other contract of tenancy express or implied or arising by statute, and (b) that person is entitled to the occupation of the premises, and (c) either— (i) the premises are used with that person's permission by a private company for the purpose of carrying on a business which that person himself carried on in the premises up to the time when it began to be carried on by the private company, or (ii) that person being a company which is another company's holding company, the premises are used for the purpose of carrying on a business by the other company, or (iii) that person being a company which is another company's subsidiary, the premises are used for the purpose of carrying on a business by the other company, or (iv) that person being a company which is another company's subsidiary, the premises are used for the purpose of carrying on a business by another subsidiary of the other company, the private company, the other company or the other subsidiary (as the case may be) shall be deemed for the purposes of subsection (1) (a) (iii) to be the tenant of the premises and to be in exclusive occupation thereof. (4) In subsection (3) “company”, “private company”, “holding company” and “subsidiary” have the same meanings respectively as in the Companies Act, 1963 . Premises provided by local authorities. [New in pt. cf. 1931, s. 3; see 1966, No. 21, s. 118 (1)] 6.—Where premises were or are provided or deemed to be provided by a housing authority under the Housing Act, 1966 , the following provisions shall, unless the premises are let for the purpose of carrying on, in all or part thereof, a business, have effect— (a) if the premises are held by the housing authority in fee simple, this Act shall not apply to the premises; (b) if the premises are held by the housing authority under a lease or other contract of tenancy express or implied or arising by statute, the housing authority shall be deemed for the purposes of this Act to be the tenant of the premises and to be in exclusive occupation thereof. Statutory tenancies under the Rent Restrictions Act, 1960. [1931, s. 6] 7.—Where a person retains possession of a tenement by virtue of the Rent Restrictions Act, 1960 , the tenancy arising by virtue of that Act on the retention shall, for the purposes of this Act (whether the retention began before or after the passing of this Act), be deemed to be a continuation of the tenancy on the termination of which the retention began. Jurisdiction of Circuit Court. [1931, s. 5 (2)] 8.—The jurisdiction conferred by this Act on the Court shall be exercised by the Judge of the Court for the time being assigned to the Circuit in which are situate the premises or any part of the premises in relation to which the jurisdiction is exercised. Regulations. [1931, s. 7] 9.—(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. Expenses. [cf. 1931, s. 8] 10.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Repeals and consequential provisions. 11.—(1) The enactments mentioned in the Schedule are hereby repealed to the extent specified in the third column. (2) The Landlord and Tenant (Amendment) Act, 1971 , shall have effect as if the references to provisions of the Act of 1958 were to the corresponding provisions of this Act. (3) Any notice given under an enactment repealed by this Act shall, for the purpose of making a claim under this Act, be treated as a notice under the corresponding provision of this Act as if that provision of this Act as if that provision were in force when the notice was given. (4) Subsections (2) and (3) are without prejudice to section 21 of the Interpretation Act, 1937 , which, amongst other matters, provides for the continuance of pending proceedings and the preservation of existing rights and liabilities. Rules of court. 12.—The rules of court for the purposes of any enactment repealed by this Act shall, pending the making of rules of court for the purposes of this Act, apply for such purposes with such adaptations as may be necessary. PART II Right to New Tenancy 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 three 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. 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. 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 (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 management. (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. 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. (2) The Court shall fix the duration of the tenancy at thirty-five years or such less term as the tenant may nominate. (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. Review of rent. [New] 24.—(1) In the case of a new tenancy under this Part the terms of which were fixed by the Court— (a) the landlord or the tenant shall be entitled to apply to the Court for a review of the rent at any time after the expiration of five years from the date on which the terms were fixed; (b) the landlord or the tenant may apply for a further review of the rent at any time after the expiration of five years from the first or any subsequent review. (2) The person seeking the review shall serve on the other party one month's notice of his intention to apply for a review of the rent. (3) In default of agreement on the rent, the person seeking the review shall be entitled to apply to the Court not later than three months after service of the notice for a review of the rent. (4) In default of agreement, the rent fixed upon such review shall become payable on whichever of the following dates is the later— (a) the first gale day after service of the notice of intention to apply for the review, or (b) (i) where the rent has not previously been reviewed, the first gale day following the review, (ii) where the rent has previously been reviewed, five years after the first gale day following the previous review. 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. PART III Reversionary Leases Reversionary lease. [cf. 1958, ss. 4, 11, 12 in pt.; 1978 (No. 1), s. 2(2)] 30.—(1) In this Act “reversionary lease” means a lease under this Part. (2) (a) A person who holds or has held land under a lease shall subject to section 33 be entitled to a reversionary lease of the land if the conditions specified in section 9 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (which provides for the acquisition of the fee simple by lessees) are complied with. (b) Section 9 (1) (2) and sections 10 to 12 and 14 of that Act shall extend to the right to a reversionary lease. (c) The reference in condition 2 of section 10 of that Act to an application shall include an application under section 31 and the reference in condition 6 of the said section 10 to a reversionary lease shall include a reversionary lease within the meaning of this section. (3) Section 2 (1) of the Landlord and Tenant (Ground Rents) Act, 1978 (which restricts the right to create leases of dwellings) shall not apply where the lease is a reversionary lease. Application to obtain reversionary lease. [New in pt. cf. 1958, ss. 11 in pt., 12 in pt., 13 in pt., 14; 1967, s. 25] 31.—(1) A person who is entitled to a reversionary lease may apply to his immediate lessor to obtain from that lessor a reversionary lease of the land held by him— (a) not earlier than fifteen years before the expiration of his existing lease, and (b) not later than the expiration of the lease or the expiration of three months from the service on him by his immediate lessor or any superior lessor of notice of the expiration of the lease, whichever is the later. (2) The notice shall be valid only if served not earlier than three months before the expiration of the lease. (3) Where an application is made for a reversionary lease before the expiration of the lease under which the applicant holds, the lease if granted shall commence on the expiration of the previous lease or on such other date as may be agreed upon between the parties. (4) In any other case, the reversionary lease shall commence on such date as may be agreed upon between the parties or, in default of agreement, on the date of the application for the lease. Persons bound to grant reversionary leases. [1958, s. 24(1) (2)] 32.—(1) Where a person is entitled to a reversionary lease his immediate lessor shall be bound to grant the lease to him. (2) If the immediate lessor holds the land for a term which is less than the term for which the reversionary lease is to be granted, his immediate lessor and such (if any) superior lessors as may be necessary shall be bound to join in the grant of the lease. Restrictions on right to reversionary lease. [New in pt. cf. 1958, ss. 15, 16 in pt.; 1963, s. 79 (3)] 33.—(1) A person shall not be entitled to a reversionary lease of the land or any part of the land where a necessary party to the granting of the lease satisfies the Court— (a) that his interest in reversion in the land is a freehold estate or is for a term of not less than fifteen years, and (b) (i) that he intends or has agreed to pull down and rebuild or to reconstruct the whole or a substantial portion of the buildings on the land and has planning permission for the work, or (ii) that he requires vacant possession of the land for the purpose of carrying out a scheme of development of property which includes the land and has planning permission for the scheme, or (iii) that for any reason the grant of a reversionary lease would not be consistent with good estate management. (2) A person shall not be entitled to a reversionary lease where a planning authority, being a necessary party to the granting of the lease, satisfies the Court that, in case the reversionary lease would be a lease of the whole of the land, the land or any part of the land 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 that, in case the reversionary lease would be a lease of part of the land, that part or any part of that part is situate in such an area. (3) A person shall not be entitled to a reversionary lease of land used wholly or partly for the purpose of carrying on a business where a local authority for the purposes of the Local Government Act, 1941 , being a necessary party to the granting of the lease, will require possession within a period of five years after the termination of the existing lease for any purpose for which the local authority are entitled to acquire property compulsorily. (4) A person who has been declared under subsection (1), (2) or (3) not to be entitled to a reversionary lease shall be entitled to remain in possession of the land, upon such terms as the Court may think proper, until the person who successfully objected to the grant of the lease or his successor in title becomes entitled to possession of the land. (5) Where a lease has been refused under subsection (1), (2) or (3) and it appears to the Court, on application by the person who has been refused, that the intention, agreement or purpose, as the case may be, on account of which the application was refused has not been carried out within a reasonable time the Court may order the person concerned to pay such sum as it considers proper by way of punitive damages. (6) Where a lease has been refused under subsection (1), (2) or (3), compensation in lieu of the lease shall be paid in accordance with section 59. Terms of reversionary lease settled by Court. [1958, s. 18 in pt.] 34.—(1) Where the terms of a reversionary lease are settled by the Court the subsequent provisions of this section shall have effect. (2) The lease shall be for a term expiring ninety-nine years after the expiration of the lease to which it is reversionary. (3) Subject to subsection (5), the rent reserved by the reversionary lease shall be not less than the rent reserved by the previous lease or than the rent reserved by any superior lease the lessor under which is required to join in the grant of the reversionary lease. (4) Where the land to be comprised in a reversionary lease is part only of the land comprised in the previous lease or of the land comprised in any superior lease the lessor under which is required to join in the grant of the reversionary lease, such proportion of the rent reserved by any such lease as is fairly apportionable to the land to be comprised in the reversionary lease shall, for the purpose of subsection (3), be deemed to be the rent reserved by that lease in respect of the land to be comprised in the reversionary lease. (5) If any new covenant restricting the lessee's rights is included in the reversionary lease, the Court may, if it so thinks proper, fix a lower rent. (6) If the Court fixes the covenants of the lease, the lessee shall be made liable to pay all rates and taxes in respect of the land and to insure against fire and keep the premises in repair. Determination of rent. [New in pt., cf. 1958, s. 18 in pt.] 35.—(1) Subject to section 34 (3) and this section, the rent to be reserved by a reversionary lease the terms of which are settled by the Court shall be one-eighth of the gross rent. For this purpose the gross rent shall be reduced, where appropriate, by the special allowance provided for by subsection (2). (2) The special allowance for the purpose of subsection (1) shall be such proportion of the gross rent as, in the opinion of the Court, is attributable to works of construction, reconstruction or alteration carried out by the lessee or any of his predecessors in title which add to the letting value of the land, other than works carried out wholly or partly in consideration of the grant of a lease or repairs and maintenance during the currency of the lease. (3) (a) The Minister may by order amend subsection (1) by substituting for the fraction standing specified for the time being therein another fraction. (b) An order under this subsection 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. Gross rent. [New in pt. cf. 1958, s. 18 in pt.] 36.—(1) 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 land comprised in the reversionary lease— (a) on the basis that vacant possession is given and that the lessee pays rates and taxes in respect of the land and is liable to insure against fire and to keep the premises in repair, and (b) having regard to the other terms of the reversionary lease and to the letting values of land of a similar character to and situate in the vicinity of the land comprised in the lease or in a comparable area but without having regard to any goodwill which may exist in respect of the land. (2) If the Court requires or the parties have agreed upon the expenditure by the applicant for a reversionary lease of a specified sum of money on repairs to the premises or the execution by him of specified repairs as a condition precedent to the execution of the lease, the gross rent shall be assessed— (a) if under the previous lease the lessee is obliged to keep or deliver up the premises in repair, having regard to the condition in which the premises will be after the repairs have been carried out, or (b) if there is no such obligation, having regard to the actual condition of the premises at the date of the application for the reversionary lease. (3) If the premises are, in whole or in part, controlled dwellings (other than premises controlled under section 2 (6) of the Rent Restrictions (Amendment) Act, 1967 ) the Court in determining the gross rent shall have regard to the restrictions imposed by the Rent Restrictions Acts, 1960 and 1967, on the rents which tenants of such premises would be liable to pay. Applications to the Court. [1958, s. 25] 37.—If any dispute, question or difficulty arises in regard to the right of any person to a reversionary lease, his failure to proceed with an application for such lease, the terms on which such lease is to be granted, or otherwise in relation to the grant of such lease, any person concerned may apply to the Court and the Court may make such order as justice shall require and, in particular, may fix the terms on which such lease is to be granted. Expenditure on repairs. [1958, s. 18 (7) in pt.] 38.—(1) The Court may require an applicant for a reversionary lease to expend, within such time as the Court thinks proper, a specified sum of money on repairs or to execute specified repairs to the buildings to be comprised in the lease and may authorise the postponement of the execution of the lease until the requirement has been complied with. (2) If the applicant refuses or fails to comply with the requirement of the Court, the Court may declare forfeit his right to a reversionary lease and discharge any order granting it to him. Reversionary lease a graft on former lease. [1958, s. 19] 39.—A reversionary lease, whether granted on terms settled under this Part or negotiated between the parties, shall be deemed to be a graft for all purposes on, and a continuation of, the lease under which the lease previously held the land and the lessee's interest shall be subject to any rights or equities arising from that lease being a graft. Right of lessee to continue in possession. [1958, s. 23] 40.—(1) A person who is entitled to obtain a reversionary lease and whose interest in the land has expired shall continue to be entitled to hold the land until either he is declared not to be entitled to obtain a reversionary lease or a lease is executed by his immediate lessor and such (if any) superior lessors as may be necessary, in terms agreed upon between the parties or settled under this Part and, during such period, he shall hold the land on the terms (so far as applicable) on which he previously held them, subject to any recoupments or adjustments that may be made under the reversionary lease if granted to him. (2) Where an application is made in relation to the grant of a reversionary lease and the interest of the applicant in the land expires before the application is heard and determined, the applicant shall be entitled to remain in possession of the land until the application is finally heard and determined on the terms (so far as applicable) on which he previously held them, subject to such recoupments or adjustments as the Court thinks proper. Evidence of agreement to build. [1958, s. 4 (4)] 41.—Where it is claimed that a lease complies with this Part on the ground that the permanent buildings were erected in pursuance of an agreement for the grant of the lease on their erection but express evidence of the agreement is not available, the following provisions shall have effect: (a) if it is proved that the buildings were erected by the person to whom the lease was subsequently made, it shall be presumed, until the contrary is proved, that the agreement was in fact made and that the buildings were erected in accordance with it; (b) in any other case, the Court may, if it so thinks proper on hearing such evidence as is available and is adduced, presume that the agreement was in fact made and that the buildings were erected in accordance with it. Buildings replaced under covenant. [1958, s. 4 (5)] 42.—Permanent buildings erected by a lessee in pursuance of a covenant in his lease to reinstate the buildings comprised in the lease in the event of their destruction by fire or otherwise shall be deemed to have been erected by the person who erected the original buildings. Buildings erected in breach of covenant. [1958, s. 4 (6)] 43.—The Court may declare a person to be entitled to a reversionary lease notwithstanding that the buildings were, in whole or in part, erected in contravention of a covenant, if the Court is of opinion that it would be unreasonable to order otherwise. Application of Act of 1967. 44.—Subject to this Act, the provisions of the Act of 1967 shall, with necessary modifications, have effect as if the references to a building lease or a proprietary lease were to a lease which gives rise to a right to a reversionary lease. PART IV Compensation Compensation for Improvements “Improvement” [1931, s. 2 in pt.] 45.—For the purposes of sections 46 to 57, “improvement” in relation to a tenement means any addition to or alteration of the buildings comprised in the tenement and includes any structure erected on the tenement which is ancillary or subsidiary to those buildings and also includes the installation in the tenement of conduits for the supply of water, gas or electricity but does not include work consisting only of repairing, painting and decorating, or any of them. Compensation for improvements. [1931, ss. 10, 36 (1)] 46.—(1) (a) Subject to the provisions of this Act, where a tenant quits a tenement because of the termination of his tenancy, he shall be entitled to be paid by the landlord compensation (in this Act referred to as compensation for improvements) in accordance with this Act for every improvement made on the tenement by the tenant or any of his predecessors in title (whether before or after the commencement of this Act) which, at the termination of the tenancy, adds to the letting value and is suitable to the character of the tenement. (b) Paragraph (a) does not apply where— (i) the tenant has terminated the tenancy by notice of surrender or otherwise, or [cf. 1931, s. 10 (1)] (ii) the tenancy is terminated because of non-payment of rent, whether the proceedings are framed as an ejectment for non-payment of rent, an ejectment for overholding or an ejectment on the title based on a forfeiture. (2) Subject to the provisions of this Act, where a landlord holds a tenement under a lease or other contract of tenancy, he shall be entitled, on giving up possession of the tenement because of the expiration of the lease or tenancy, to be paid by his immediate superior landlord compensation (in this Act included in the expression compensation for improvements) for every improvement which was made (whether before or after the commencement of this Act) on the tenement by a tenant thereof and in respect of which the landlord or any of his predecessors in title has given consideration whether by reduction of rent, by payment of compensation under the Town Tenants (Ireland) Act, 1906, by payment of compensation under section 10 of the Act of 1931, by payment of compensation for improvements under this Act, or in any other way. (3) Compensation for improvements payable by a landlord under subsection (1) shall, subject to this Act, be payable on— (a) the expiration of one month from the date of the fixing, by agreement or by the Court, of its amount, or (b) the delivery to the landlord by the tenant of clear possession …