Vol. 470 No. 7
198 Mr. S. Brennan asked the Minister for Justice if her attention has been drawn to the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 which excludes from the ground rent purchase scheme any dwellings converted into flats; whether this exclusion clause is now appropriate; the plans, if any, she has to amend the legislation by deletion of this clause; and if she will make a statement on the matter. [19737/96]
Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 — the provisions of which were continued in force indefinitely by the Landlord and Tenant (Ground Rents) (Amendment) Act, 1987 — provides for a special procedure for the vesting of a fee simple in dwellinghouses. A separate and self contained flat in premises divided into two or more such flats is not a dwelling within the meaning of the Act and, accordingly, the special procedure contained in Part III of the Act does not apply to such premises. The question of acquiring the fee simple in relation to such premises is dealt with in other aspects of the landlord and tenant code — for example, provisions of the Landlord and Tenant (Ground Rents) Act, 1967.
I understand that the primary purpose of Part III of the 1978 Act was to provide that owner-occupiers of dwellinghouses would have a special procedure available to acquire readily and relatively inexpensively the fee simple in their property. Dwellinghouses which are let for commercial purposes give rise to different considerations. I am satisfied that Part III of the Act has worked well in practice — as evidenced by the number of householders who have availed of the scheme to by out their ground rents — and, in the circumstances which I have outlined, I have no plans at present to widen the categories of persons who may avail of the procedure under that part of the Act.
