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Dáil Éireann debate -
Tuesday, 25 Mar 1997

Vol. 476 No. 7

Written Answers. - Landlord and Tenant Code.

Rory O'Hanlon

Question:

309 Dr. O'Hanlon asked the Minister for Justice if her attention has been drawn to the concern of the people in Carrickmacross, County Monaghan at the rapidly escalating increase in occupational leases up to 1,000 per cent; if she will introduce legislation to address the issue; and if she will make a statement on the matter. [7950/97]

I have received representations on the issue referred to by the Deputy.

The Deputy will appreciate that I have no function in relation to particular cases which arise under the landlord and tenant code. The rights and obligations of a landlord and a tenant in respect of any particular tenancy are largely governed by the terms of the lease between them. There are, however, certain protections afforded to tenants under the various landlord and tenant Acts.

While I am prepared to have examined any detailed proposals for change in the law in this area, I must emphasise that constitutional issues arise and in that context rights to new business leases under existing legislation are generally based on a market value rent being paid by the tenant.

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