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Landlord and Tenant (Amendment) Act, 1989

In short

This law amends a previous Landlord and Tenant Act from 1980, specifically to limit its application regarding certain properties in the Custom House Docks Area. It introduces new rules for how occupation of these specific properties is considered under landlord and tenant law.

What it regulates

  • The application of Section 13 of the Landlord and Tenant (Amendment) Act, 1980.
  • The definition of "occupation" for certain tenements in the Custom House Docks Area.
  • The conditions under which a tenement's use for specific trading operations affects its legal status.
  • The timeframe during which these new provisions apply to leases or contracts of tenancy.

Who it concerns

  • Landlords and tenants of properties (tenements) located in the Custom House Docks Area.
  • Those involved in leases or contracts of tenancy for properties used for "relevant trading operations" in that area.

Key points

  • Occupation of a tenement in the Custom House Docks Area, used for specific "relevant trading operations" as defined by the Finance Act, 1980 (as amended), is not considered "occupation" for certain purposes of the 1980 Act.
  • This restriction applies if the tenement was genuinely used for such operations at the start of the tenancy, or if the lease explicitly required or authorized such use.
  • These new rules apply to leases or contracts of tenancy that begin within a 5-year period from the passing of this 1989 Act, or a longer period if specified by ministerial regulations.
  • Any regulations extending this period must be approved by both Houses of the Oireachtas.
Legal text
Legal text

Landlord and Tenant (Amendment) Act, 1989 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.

  1. 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.
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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1989 Landlord and Tenant (Amendment) Act, 1989 Landlord and Tenant (Amendment) Act, 1989 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 Print Full ActPriontáil an tAcht Iomlán Number 2 of 1989 LANDLORD AND TENANT (AMENDMENT) ACT, 1989 ARRANGEMENT OF SECTIONS Section 1. Amendment of section 13 of Landlord and Tenant (Amendment) Act, 1980. 2. Short title, construction and collective citation. Acts Referred to Finance Act, 1980 1980, No. 14 Finance Act, 1986 1986, No. 13 Finance Act, 1987 1987, No. 10 Finance Act, 1988 1988, No. 12 Landlord and Tenant (Amendment) Act, 1980 1980, No. 10 Landlord and Tenant Acts, 1967 to 1987 Number 2 of 1989 LANDLORD AND TENANT (AMENDMENT) ACT, 1989 AN ACT TO AMEND SECTION 13 OF THE LANDLORD AND TENANT (AMENDMENT) ACT, 1980 , SO AS TO RESTRICT ITS APPLICATION IN RELATION TO CERTAIN TENEMENTS IN THE CUSTOM HOUSE DOCKS AREA. [1st March, 1989]. BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Amendment of section 13 of Landlord and Tenant (Amendment) Act, 1980. 1.— Section 13 of the Landlord and Tenant (Amendment) Act, 1980 , is hereby amended by the insertion after subsection

(2)of the following subsections: “
(3)(
  1. a)The occupation by a person or his predecessors in title under a lease or other contract of tenancy of a tenement in the Custom House Docks Area (within the meaning of section 41 of the Finance Act, 1986 ), being a tenement bona fide used on the commencement of occupation under the lease or contract of tenancy, and expressly authorised or required by that lease or contract to be used, wholly or partly for the purpose of carrying on an activity consisting of or including a relevant trading operation within the meaning of section 39B (inserted by section 30 of the Finance Act, 1987 , as amended by section 36 of the Finance Act, 1988 ) of the Finance Act, 1980 , or bona fide used for preparing for the carrying on of such an activity, shall not be regarded as occupation for the purposes of paragraph (
  2. a)or (
  3. b)of subsection
(1). (
  1. b)Where this subsection applies by virtue of paragraph (
  2. a)in relation to occupation— (
  3. i)it also applies to occupation under the lease or contract concerned at any time when the tenement concerned is no longer used for the purpose of carrying on an activity aforesaid, and (
  4. ii)it applies in relation to occupation of the whole or part of the tenement under any other lease or contract of tenancy that is in force during the whole or part of the currency of, and is made after the making of, the first-mentioned lease or contract of tenancy.
(4)Subsection
(3)shall have effect only in relation to a lease or other contract of tenancy the term of which commences during the period of 5 years from the passing of the Landlord and Tenant (Amendment) Act, 1989, or such longer period as may stand specified for the time being in regulations made by the Minister at any time during the said period of 5 years or during a period standing so specified.
(5)A draft of every regulation proposed to be made under this section shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House.”. Short title, construction and collective citation. 2.—
(1)This Act may be cited as the Landlord and Tenant (Amendment) Act, 1989.
(2)The Landlord and Tenant Acts, 1967 to 1987, and this Act shall be construed together as one Act and may be cited together as the Landlord and Tenant Acts, 1967 to 1989. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.