asked the Minister for Justice if he is aware that, in the case of leaseholders whose leases have either expired or are near expiration on the Midleton Estate, Midleton, County Cork, the terms under which the owners are prepared to renew the leases relate only to a twenty year period; that rents have increased in one case from £18 per annum to £190 per annum and in another case from £40 per annum to £360 per annum; if there is any legislation to control this injustice; and if not, if he will make provision in the new Ground Rents Bill to control such increases with retrospective effect.
Ceisteanna—Questions. Oral Answers. - Midleton (Cork) Estate.
28.
The existing rights of leaseholders to have their leases renewed and the terms of the renewed leases are contained in the Landlord and Tenant Acts, 1931 and 1958, though some leaseholders may have rights under the Rent Restrictions Act, 1960, as well.
The 1958 Act deals with persons who hold under certain long leases and whose predecessors in title built the houses concerned. These persons have a right to a reversionary lease for a term of at least ninety-nine years at a rent which may not exceed one-sixth of the letting value, as defined in the Act. The 1958 Act was based on the recommendations of a Commission which had inquired into the terms of renewal of these long leases.
Persons who hold under other leases are in certain circumstances entitled, under Part III of the 1931 Act, to a new tenancy for a period of not less than 21 years at a rent not exceeding the letting value, as defined therein.
If there is a dispute about the term for which a lease is to be renewed or the rent to be paid under the new lease, the court will settle the terms in accordance with these provisions.
If these premises are within the scope of the Rent Restrictions Act, 1960, the occupier is protected from arbitrary increases in rent or demands for possession.
Full information on the facts of each case would be necessary to determine which of the Acts apply to the Midleton tenants and I presume that the leaseholders concerned have taken legal advice. So far as I am aware, the existing legislation has operated without any significant volume of complaint from lessees or tenants generally.
29.
asked the Minister for Justice if he is aware that property in the town of Midleton, County Cork and adjoining districts consisting of over 1,000 tenants' houses, business premises, etc. is being sold at present; and if, in view of the long standing policy of the Government that all householders should be the owners of their own homes, there are any provisions under which the tenants can acquire their homes over a reasonable number of years purchase; and, if not, if he will take steps by the introduction of legislation, if necessary, to make such provision.
There are at present no provisions enabling tenants or lessees to acquire compulsorily their landlords' interest in their premises. The Ground Rents Commission, whose report was published in July last, recommended that leaseholders be given a right to purchase the freehold at a price which, in default of agreement, should be determined by the circuit court. The Government have approved in principle of the recommendations and the necessary legislation to give effect to them is now being prepared.
A further conversion!