asked the Minister for Lands and Fisheries if he is aware that a good deal of confusion has arisen among tenants and others regarding the provisions of Section 44 of the Land Act, 1931, and if he will state (1) how the matter of arrears is to be dealt with pending the decision of the Land Commission as to whether an order will be granted declaring the land tenanted; (2) the period during which only 25 per cent. may be deducted; (3) the amount of compounded arrears that may be added to the purchase money; (4) how the purchase price is to be arrived at, seeing that there is in the statute no provision for fixing it, unless the holding will, if vested in the Land Commission, be regarded as non-judicial, and dealt with under Section 2 of the Land Act, 1929.
Ceisteanna—Questions. Oral Answers. - Administration of Land Act, 1931.
asked the Minister for Lands and Fisheries if he is aware that landlords are pressing for the full arrears despite Section 44 of the Land Act, 1931, and will not accept the 75 per cent. even in cases where an application on Form 93 under the section has been lodged, and where the tenant has intimated his willingness to pay up the difference should the decision be against him; if the Irish Land Commission will issue some directions or instructions that may serve to restrain land agents from issuing threats of writs to fee-farm grantees who will pay not more than 75 per cent. of arrears till the Land Commission decide on the application, and if where such threats have succeeded there is any provision for recovery of the excess payment, for otherwise the section will become inoperative.
I shall take the Deputy's two questions together.
(1) Where an Order is made by the Land Commission under the provisions of Section 44 of the Land Act, 1931, declaring that a parcel of untenanted land shall vest in the Land Commission on the Appointed Day as if it were tenanted land, any arrears of rent which accrued prior to the first gale day in the year 1928 and are unpaid on the Appointed Day are cancelled. But pending the making of an Order the Land Commission have no power to restrain the grantor from exercising his rights to sue for and recover his rent. Where the rent has been paid in full by an applicant before the Appointed Day, there is no provision in the Act for repayment by the landlord of any part of it. The section deals with arrears unpaid on the Appointed Day and the Land Commission cannot declare the Appointed Day until they hear the application and decide to grant it.
(2) The period during which 25 per cent. may be deducted is fixed by sub-section (c) of Section 44, the provisions of which come into effect on the making of an Order and the fixing of the Appointed Day.
(3) The amount of compounded arrears that may be added to the purchase money is defined by sub-section (3) (d) of Section 44 as "seventy-five per cent. of the arrears of rent and apportioned gale of rent."
(4) The method of determining the purchase price is similar to that provided for non-judicial tenancies under Section 2 of Land Act, 1929.