Vol. 459 No. 3
151 Mr. O'Leary asked the Minister for Justice the proposals, if any, she has to amend the Landlord and Tenant Rent Acts, in order that long-term tenants of commercial property can purchase ground rent from a landlord for a reasonable sum; whether she intends to introduce legislation that would limit the annual increase which landlords may force a tenant to pay; and if she will make a statement on the matter. [18058/95]
The Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 excludes from the right to acquire the fee simple under that Act a lease of land which is used for the purpose of business where the lease, subject to specified exemptions, contains provisions enabling the amount of the rent reserved by the lease to be altered within 26 years from commencement of the lease.
While increases in rent on business leases generally fall to be determined by the tenancy agreement in a particular case, where a new lease is granted under the terms of the Landlord and Tenant (Amendment) Act, 1980 the rent, in the absence of agreement between the landlord and tenant, can be set by a court on the basis of market value and be periodically reviewed thereafter.
