asked the Minister for Justice if he will take steps to protect the interests of tenants of the Proby estate, Sandycove, County Dublin, who are not covered by the Landlord and Tenant (Ground Rents) Act, 1967 by extending the 12 months period while amending legislation is being prepared.
Ceisteanna—Questions. Oral Answers. - County Dublin Estate Tenants.
50.
The 12 months period to which the Deputy refers is that given by the Ground Rents Act to the holders of certain expired building or proprietary leases to enable them to apply to buy out the fee simple. The period is only referable to this limited category of lessees. The extension of the period by special legislation would not, therefore, confer any benefit on the tenants of the Proby estate, as they are not within that category. A substantive amendment of the Act would be needed to entitle these tenants to purchase the free simple.
The Landlord and Tenant Commission are at present examining, at my request, the position of these tenants in the course of their examination of the desirability of extending the categories of lessees entitled to renew their leases or to buy out their ground rents. The amending legislation to be introduced will be determined in the light of the Commission's recommendations.
It is not a fact that, under section 3 (6), I think, in view of the period of the year expiring on 1st March next, some Proby tenants who would normally anticipate entitlement to the protection of the Act are denied it because there is a flaw in the Act? Will that aspect be taken into account by the Rents and Leaseholds Commission?
There is no flaw in the Act. It was designed to deal with a limited category. Since then, there has been pressure from other categories of lessees to have them included in the same way in regard to their rights to purchase their leasehold. They are now investigating the possibility of that and have heard the Proby estate tenants who may be included, along with other categories, in a future amendment of the Act.
In the event of their present tenancies not being renewed in time, will it be possible to include retrospective provision to cover them?
I shall look into that.