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Dáil Éireann díospóireacht -
Wednesday, 12 Feb 1964

Vol. 207 No. 6

Ceisteanna—Questions. Oral Answers. - Rights of Ground Landlords.

25.

asked the Minister for Justice what are the rights of ground landlords to control alterations made by a houseowner to the interior of his dwelling, in particular alterations which have no effect on the main walls or outer part of the house; whether he is aware that in many cases considerable hardship and financial loss have been caused to persons wishing to make alterations to the interior of their houses whose plans for alterations have been either turned down or excessively delayed by the architects and other servants of ground landlords, in particular ground landlords who are not resident in this country; and whether he will carry out a thorough investigation into the nature and manner of operation of the control of ground landlords on interior alterations of houses.

The right of a ground landlord to control alterations made to the interior of premises depends on the terms of the particular ground lease.

This right is subject to the provissions of the Landlord and Tenant Act, 1931, under which a covenant in a lease prohibiting the improvement of premises or an alteration in their user has effect as if the covenant were one prohibiting the improvement or alteration of user without the consent of the landlord. The landlord's consent must not be unreasonably withheld.

No complaints have been made to my Department on the matters referred to by the Deputy, but no doubt this aspect of the ground rent problem has been considered by the Ground Rents Commission which is now sitting.

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