Skip to main content
Normal View

Seanad Éireann debate -
Wednesday, 14 Apr 1943

Vol. 27 No. 20

Landlord and Tenant (Amendment) Bill, 1942—Committee and Subsequent Stages.

Leas-Chathaoirleach

There are three amendments tabled to this Bill, but Nos. 2 and 3 are out of order, because they are outside the scope of the Bill. The only amendment that will arise, therefore, is amendment No. 1.

Section 1 agreed to.

I move amendment No. 1:—

In sub-section (2), paragraph (d), page 3, in line 21 and also in line 32, to delete the word "built-on" and substitute in each case the word "partly-built".

This is really a drafting amendment. Our object in paragraph (d) of sub-section (2) of Section 2 of the Bill is to ensure that the sublessee will enjoy, throughout the entire term of his sublease, the protection which Part V of the 1931 Act affords to proprietary lessees. It has been suggested that the inclusion in paragraph (d) of the references to the "built-on lease" may leave it open to argument as to whether the sublessee will be so protected because, under paragraph (a) of sub-section (2), the built-on lease does not come into existence until just seven years before the partly-built lease is due to expire. In other words, throughout far the greater portion of the term of the sublease, there will be no such thing as the "built-on lease". I am inclined to agree that, under paragraph (d) as it stands, the matter is not entirely free from doubt. I think that any possible doubts will be removed by the substitution of the expression "partly-built lease" for "built-on lease" as is proposed in the amendment.

Amendment put and agreed to.
Question—"That the section, as amended, stand part of the Bill"— put and agreed to.
Sections 3 and 4 and the Title agreed to.

Could I have all stages now?

Agreed.

Question—"That the Bill be received for final consideration and do now pass"—put and agreed to.
Top
Share