asked the Minister for Agriculture whether, in the case of a tenant who has been getting an abatement from a landlord for a number of years, reductions under the Land Act, 1923, are to be made under the abated rent or the old rent; whether, in the event of a dispute between landlord and tenant as to the real rent, what is the procedure as to settling the question.
CEISTEANNA.—QUESTIONS. [ORAL ANSWERS.] - POSITION OF LANDLORD AND TENANT UNDER LAND ACT.
Section 22 (3) of the Land Act, 1923, provides that in any case where an abatement of rent has been allowed by the landlord and where an agreement for an abated rent constitutes an agreement for a new rent then the reductions under the Land Act, 1923, are to be made from the abated rent and not from the old rent. The question whether the agreement for the abatement amounts to an agreement for a new rent is a question of fact in each case, which in the event of a dispute between the landlord and tenant can only be decided by the Judicial Commissioner who will hear both sides.
Receivable orders to enable tenants to pay compounded arrears of rent and payment in lieu of rent are issued by the Land Commission in accordance with the particulars of the rent as furnished by the landlord under Section 22 (1). If a tenant questions the accuracy of these particulars as regards the amount of the rent, he can proceed to have the matter determined under Sub-section (3) of Section 22 as explained above.
Rules 3 and 4 of the prescribed rules of the Land Commission, dated 18th August, 1923, prescribe the procedure necessary to obtain the decision of the Judicial Commissioner on this question. The procedure is as follows:—A tenant may lodge an objection in writing with the Land Commission setting forth the grounds of his complaint. A copy of the objection is furnished by the Land Commission to the landlord. If the tenant's contention is not agreed to by the landlord, or the objection is not withdrawn by the tenant, the objection will then be listed for hearing before the Judicial Commissioner. The Rules referred to may be purchased from Messrs. Eason & Son, Dublin.