asked the Minister for Justice whether, having regard to serious inconvenience to householders, tenants and the general public and obstruction of the public highway, with potential serious risk in the event of the obstruction of fire brigades or ambulances, arising from the refusal of landlords to permit tenants to park their motor cars in the gardens of their houses, he will introduce legislation to amend the law so that, subject to the approval of a local planning authority, tenants may so park their cars irrespective of the landlord's refusal.
Ceisteanna—Questions. Oral Answers. - Car Parking in Gardens.
55.
Sections 57 and 58 of the Landlord and Tenant Act, 1931, provide, generally speaking, that a landlord may not unreasonably withhold his consent to the tenant's making minor improvements to, or his changing the user of, leasehold premises. Section 29 of the Landlord and Tenant (Ground Rents) Act, 1967, enables a leasehold tenant to do these things without the consent of the landlord so long as he has complied with planning requirements. These provisions enable many leaseholders to adapt gardens for car-parking. As the Deputy is aware the Landlord and Tenant Commission are examining the whole law of landlord and tenant and I understand that the question of extending the rights referred to here is being specifically dealt with by the Commission. When I have the Commission's Report on the subject I shall consider the necessity for amending legislation.
Did I understand the Minister to say that his view was that existing legislation could be used by the tenants to have their gardens converted into parking areas without seeking their landlord's permission?
That, in effect, is what I have said. I am advised that he cannot unreasonably withhold a permission.
As I understand it, it must be shown that the landlord is withholding permission. Then they are under the obligation of going into court. These people are people of limited means, certainly not the kind who would embark on litigation.
The Deputy is well aware that in very many cases where this question of the landlord's consent is involved it has to end up in court. The Deputy also, I am sure, is well aware that the trend of the decisions in the courts down through the years has been to lean in favour of tenants.