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Dáil Éireann debate -
Tuesday, 14 Nov 2000

Vol. 525 No. 5

Written Answers. - Ground Rents.

Alan Shatter

Question:

356 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the proposals he has to introduce legislation to abolish ground rents. [25699/00]

The Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, already provides a statutory scheme for the acquisition of the fee simple by the owners of dwelling-houses. Part III of the (No. 2) Act provides a special procedure, operated at low cost by the Land Registry, whereby owner-occupiers of dwelling-houses may acquire readily and relatively inexpensively the fee simple in their property. The purchase price in most cases at present is about 15 times the ground rent. The Act contains provision for the determination of applications for the purchase of the fee simple in cases where the consent of all the necessary parties is not forthcoming. In such cases the Registrar of Titles will determine the application by arbitration. The Act also makes provision for the circumstance that the ground rent landlord cannot be found. There is also no obstacle to a tenant negotiating directly with the owner of the ground rent for its purchase without reference to the (No. 2) Act.

The Landlord and Tenant (Ground Rent Abolition) Bill, introduced as a Private Members' Bill in 1997, proposes, among other matters, a date for the termination of ground rents. The Bill raises constitutional, technical and practical difficulties which cannot be easily overcome. If and when difficulties of that kind can be met in a way that would substantially improve on the already good and reasonable statutory system that exists for the purchase of ground rent, the necessary legislative details will be announced in the normal way.
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