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Dáil Éireann debate -
Wednesday, 12 Feb 1969

Vol. 238 No. 6

Ceisteanna—Questions. Oral Answers. - Landlord and Tenant Legislation.

35.

asked the Minister for Justice if he is aware that a tenant of the Proby Estate has applied for a reversionary lease; and that this has so far been refused; and if it is proposed to cover such a case by the provision of a renewal lease in the proposed legislation to implement the Report of the Landlord and Tenant Commission.

The Landlord and Tenant Commission have recommended that, in cases where the original lease of a property, expiring before 1931, was of the nature of a building lease and where a further lease was made at a rent below the rateable valuation, the second lease should attract the right to a reversionary lease. They have also recommended that this right should be available, notwithstanding that the further lease expired up to five years previously, provided that the lessee under the expired lease is still in possession, that there is no other person entitled to a reversionary lease and that no new arrangement has been made with the landlord. I understand that the landlord is dealing with the tenants on the basis of these recommendations in anticipation of any legislation which may be introduced.

I am at present examining the Commission's Report.

Is the Minister aware that in dealing with some of these cases the landlord is acting in an unreasonable manner? Can the Minister say when the legislation will be introduced and if it will apply to cases such as that in the question?

I am examining this report. I expect to have legislation introduced during this session, before the summer recess. In the case which I understand the Deputy has in mind, the landlord is going on the basis of accepting the commission's finding but there is disagreement about rent. I do not see why two reasonable people should not be able to agree on the amount of the rent or, alternatively, why they should not get somebody to arbitrate.

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