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Dáil Éireann debate -
Wednesday, 22 Feb 1984

Vol. 348 No. 3

Landlord and Tenant (Amendment) Bill, 1983: Committee Stage (Resumed) and Final Stages.

Section 7 agreed to.
Sections 8 to 14 inclusive, agreed to.
SECTION 15.
Question proposed: "That section 15 stand part of the Bill."

A submission was made by the Law Society on the question of rent reviews. Recently they suggested that the proposed five year review pattern is still unsatisfactory since there is no genuine market for leases of this nature. They said the only leases of this sort regularly granted are those created by Dublin Corporation on industrial estates. They felt that, even if the review at five year intervals was going ahead, since there seemed to be general acceptance of the five year standard care should be taken to monitor the five year period with a view to keeping it in line with the practice in the market. Could the Minister make some comment on that? Is he prepared to monitor it?

Limerick East): We are prepared to monitor the five year period. Section 15 proposes provisions to replace those in section 24 of the Landlord and Tenant (Amendment) Act, 1980. The point made by the Deputy can be kept in mind in future.

The Minister may remember that I mentioned that the Society of Chartered Surveyors had views on this. We discussed this earlier and I mention it again because, in a letter dated 13 February, the Law Society renewed their concern about it. I will be quite happy if the Minister will give an undertaking to monitor the situation and bear their views in mind.

(Limerick East): Professional bodies such as surveyors and auctioneers are happy with the five year period in general as the term which is the best to have in the Bill.

Question put and agreed to.
SECTION 16.

(Limerick East): I move amendment No. 1:

In page 11, to delete lines 14 to 16 and substitute:—

"(2) The Landlord and Tenant Acts, 1967 to 1983, and this Act shall be construed together as one Act and may be cited together as the Landlord and Tenant Acts, 1967 to 1984."

We are now in 1984 and the Bill was published in 1983.

Amendment agreed to.
Section 16, as amended, agreed to.
Title agreed to.
Bill reported with amendment.

(Limerick East) I move:

"That the Bill do now pass."

This provision is necessary as a result of the Gilsenan case. The measures we have agreed today will provide for the difficulties which were pointed out as a result of that judgment.

We regard this as a technical Bill with technical changes arising out of that decision. They will overcome some of the anomalies which have arisen in practice. We are happy to afford the Bill a speedy passage through the House.

(Limerick East): I should like to thank Deputy Woods for his co-operation. It is a technical Bill. It is effective in doing what it sets out to do. I am grateful to Deputies who contributed on Second and Subsequent Stages and especially to Deputy Woods for his co-operation this morning.

Question put and agreed to.
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