Aodhán Ó Ríordáin
Question:215 Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality the position regarding the issue of existing ground rents; and if he will make a statement on the matter. [20405/11]
View answerThursday, 14 July 2011
Questions (208)
Written answers
The position is that section 2 of the Landlord and Tenant (Ground Rents) Act 1978 prohibited the creation of new leases reserving ground rents on dwellings. As regards existing leases, Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 made provision for a statutory scheme whereby any person could, at reasonable cost, acquire the fee simple in his or her dwelling. The scheme is operated by the Property Registration Authority and over 80,000 applicants have availed of it since 1978 to acquire the freehold title to their property.
As regards property other than dwellings, the Landlord and Tenant (Ground Rents) Act 1967 contains provisions which allow individuals, on application to the Circuit Court, to acquire the fee simple in their property subject to the provisions of that Act. A High Court judgment upholding the constitutionality of the ground rents legislation was delivered in early 2006 but was subsequently appealed to the Supreme Court. The appeal has since been heard and the Supreme Court has reserved its judgment. The operation of the law in this area continues to be monitored in my Department.