Dáil Éireann Debate, Tuesday - 9 May 2023
424. Deputy Patrick Costello asked the Minister for Justice if he will review the Landlord and Tenant (Amendment) Act 1980, specifically around the use of clauses by owner management company barring sale of apartments to a local authority, health board, housing authority or government agency (details supplied); and if he will make a statement on the matter. [21079/23]
Amharc ar fhreagraAny such changes would have to be carefully considered, in consultation with the Minister for Housing, Local Government and Heritage, and guided by the Government’s wider housing policy.
From the details supplied by the Deputy it would appear that the clauses referenced are restrictive covenants that form an integral part of the agreements under which the owners bought apartments under a very long lease, from the developer.
As such, these covenants appear to form part of the title under which each purchaser agreed to buy an apartment, which may give rise to binding rights and obligations between each owner and other owners, as well as between each owner and the freehold owner.
Disputes in relation to covenants are a private matter between the parties involved which relate to their property rights and binding agreements entered into by the parties.
