Dáil Éireann Debate, Tuesday - 14 November 2023
276. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage to outline what the position is with ground rent that might not have been paid on a residential property in many years; whether it is still due; whether an interest or moiety has accrued on it; at what level that can be charged; and if he will make a statement on the matter. [49934/23]
View answerTailte Éireann administers a Ground Rents Purchasing Scheme under which owners of leasehold property can purchase their Ground Rent and enlarge their interest into a freehold under the Landlord and Tenant (Ground Rents) (No. 2) Act 1978.
Where a property is held under a lease that is subject to a rent, whether or not the rent has been paid or claimed for a number of years does not imply that no rent is due.
In an application for vesting certificate under the arbitration procedure, the Arbitrator must be satisfied that rent has been paid up to date. Therefore, before issuing a vesting certificate, the latest rent receipt should be lodged. If no rent has been paid, then the statutory requirement under the Act is to request payment of up to a maximum of 6 years of rent arrears. (This does not apply in cases where the rent was fully indemnified in title deeds drawn up after the lease.)
Any earlier rent would be considered statute-barred unless the landlord had taken steps to protect his rights by instituting proceedings. Arrears of rent prior to that date would be a matter for the court.
Before issuing a vesting certificate on arbitration, the latest rent receipt showing payment of the ground rent up to the next gale day following the date of the award or arrears or rent from the last receipted payment up to a maximum of 6 years of arrears of rent must be paid.
Tailte Éireann is not in a position to address the issue of whether any earlier rent not paid is still due, outside of the statutory requirement under the Act i.e. rent paid or 6 years rent arrears. This would be a matter for the courts to decide if the landlord had instituted proceedings.
Tailte Éireann is not in a position to answer whether or not an interest or moiety has accrued and or at what level that can be charged. This would be a matter for the landlord, in many cases the local authority, and the terms agreed in the lease.
