Landlord and tenant (amendment) act, 1980

• Enactment Date: 09 June 1980
• Act Number: 10

Number 10 of 1980
LANDLORD AND TENANT (AMENDMENT) ACT, 1980
ARRANGEMENT OF SECTIONS
PART I
Preliminary
Section 1. Short title, construction and collective citation. 2. Commencement. 3. Interpretation. 4. Restriction on application to State. 5. “Tenement”. 6. Premises provided by local authorities. 7. Statutory tenancies under the Rent Restrictions Act, 1960. 8. Jurisdiction of Circuit Court. 9. Regulations. 10. Expenses. 11. Repeals and consequential provisions. 12. Rules of court.
PART II
Right to New Tenancy
13. Application of Part II. 14. Application of Part II to business premises decontrolled by Rent Restrictions Act, 1960. 15. Application of Part II to dwellings decontrolled by Rent Restrictions (Amendment) Act, 1967. 16. Right of tenant to new tenancy. 17. Restrictions on right to new tenancy. 18. Provisions relating to award of new tenancy. 19. Provisions where tenant not entitled to new tenancy. 20. Notice of intention to claim relief. 21. Application for relief. 22. Offer by landlord of new tenancy in lieu of compensation. 23. Fixing of terms of new tenancy by Court. 24. Review of rent. 25. Modification of sections 23 and 24 in case of dwellings to which section 15 relates. 26. Termination of tenancy after order for new tenancy. 27. Continuation of existing tenancies. 28. Right of tenant to continue in occupation pending decision. 29. Tenancy terminated before commencement of this Act.
PART III
Reversionary Leases
30. Reversionary lease. 31. Application to obtain reversionary lease. 32. Persons bound to grant reversionary leases. 33. Restrictions on right to reversionary lease. 34. Terms of reversionary lease settled by Court. 35. Determination of rent. 36. Gross rent. 37. Applications to the Court. 38. Expenditure on repairs. 39. Reversionary lease a graft on former lease. 40. Right of lessee to continue in possession. 41. Evidence of agreement to build. 42. Buildings replaced under covenant. 43. Buildings erected in breach of covenant. 44. Application of Act of 1967.
PART IV
Compensation
Compensation for Improvements
45. “Improvement”. 46. Compensation for improvements. 47. Measure of compensation for improvements. 48. Improvement notice. 49. Works required by public authority. 50. Execution of improvement in absence of objection. 51. Rights of parties on service of improvement undertaking. 52. Rights of parties on service of improvement objection. 53. Restriction on increase of rent of controlled dwellings. 54. Restrictions on right to compensation for improvements. 55. Improvement certificate. 56. Claim for improvements. 57. Compensation for improvements a first charge.
Compensation for Disturbance
58. Compensation where tenant not entitled to new tenancy. 59. Compensation where lessee not entitled to new lease. 60. Compensation on termination of tenancy in obsolete buildings.
Consequential Provisions
61. Set-off compensation against rent, etc. . 62. Payment of compensation where interest is mortgaged. 63. Protection of trustees, etc. .
PART V
Covenants in Leases of Tenements
64. “Lease”. 65. Damages for breach of covenants to repair. 66. Covenants against alienation. 67. Covenants restrictive of user. 68. Covenants against making improvements. 69. Consent of lessor who cannot be found.
PART VI
Miscellaneous
70. Application of Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, to certain public authorities. 71. Amendment of section 10, condition 5 of Landlord and Tenant (Ground Rents) (No. 2) Act, 1978. 72. Extension of sections 10 and 12 of Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, to certain subleases for less than 50 years. 73. Preservation of pre-existing rights. 74. Conversion of leases for lives into fee simple. 75. Sale of houses for which letting grants were paid to public utility societies. 76. Necessary party to deed, etc., under disability or failing to act. 77. Survival of rights on death. 78. Lease terminating by ejectment or re-entry. 79. Application of Settled Land Acts. 80. Mortgages. 81. Valuation by Commissioner of Valuation. 82. Evidence and apportionment of rateable valuation. 83. Extension of times limited by this Act. 84. Notices requiring information. 85. Void contracts. 86. Rights of entry and inspection. 87. Set-off against rent for cost of repairs. 88. Service of notices.
SCHEDULE
Repeal of Enactments
Number 10 of 1980
LANDLORD AND TENANT (AMENDMENT) ACT, 1980
AN ACT TO AMEND THE LAW RELATING TO THE RENEWAL OF LEASES AND TENANCIES AND TO COMPENSATION FOR IMPROVEMENTS AND FOR DISTURBANCE OR LOSS OF TITLE AND FOR THESE AND OTHER PURPOSES TO AMEND THE LAW OF LANDLORD AND TENANT AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [9th June, 1980]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary
	Short title, construction and collective citation.	1.—(1) This Act may be cited as the Landlord and Tenant (Amendment) Act, 1980.
	(2) The Landlord and Tenant (Ground Rents) Act, 1967 , the Landlord and Tenant (Amendment) Act, 1971 , the Landlord and Tenant (Ground Rents) Act, 1978 , the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , and this Act shall be construed together as one Act and may be cited together as the Landlord and Tenant Acts, 1967 to 1980.
	Commencement.	2.—This Act shall come into operation on such day as the Minister by order appoints.
	Interpretation. [1931, s. 2; 1958, s. 2]	3.—(1) In this Act, except where the context otherwise requires—
	“Act of 1931” means the Landlord and Tenant Act, 1931 ;
	“Act of 1958” means the Landlord and Tenant (Reversionary Leases) Act, 1958 ;
	“Act of 1967” means the Landlord and Tenant (Ground Rents) Act, 1967 ;
	“business” means any trade, profession or business, whether or not it is carried on for gain or reward, any activity for providing cultural, charitable, educational, social or sporting services, and also the public service and the carrying out by an authority being the council of a county, the corporation of a county or other borough, the council of an urban district, the commissioners of a town, a health board under the Health Act, 1970 , or a harbour authority under the Harbours Act, 1946 , of any of their functions;
	“controlled dwelling” means a controlled dwelling under the Rent Restrictions Act, 1960 ;
	“the Court” means the Circuit Court;
	“covenant” includes condition and agreement and any reservation, stipulation or other similar provision in a lease or tenancy;
	“development” and “development plan” have the meanings assigned by the Local Government (Planning and Development) Act, 1963 ;
	“immediate lessor” means the person for the time being entitled to the next superior interest in premises held by any other person under a lease or other contract of tenancy or otherwise;
	“improvement certificate” has the meaning assigned by section 55 (1);
	“improvement consent” has the meaning assigned by section 48 (2) (a);
	“improvement notice” has the meaning assigned by section 48 (1);
	“improvement objection” has the meaning assigned by section 48 (2) (c);
	“improvement order” has the meaning assigned by section 52 (3);
	“improvement undertaking” has the meaning assigned by section 48 (2) (b);
	“landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of premises by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of his tenancy;
	“lease” means an instrument in writing, whether under or not under seal, containing a contract of tenancy in respect of any land in consideration of a rent or return and includes a fee farm grant;
	“lessee” includes tenant and the personal representatives and successors in title of a lessee;
	“lessor” includes landlord and the personal representatives and successors in title of a lessor;
	“the Minister” means the Minister for Justice;
	“planning authority” has the meaning assigned by the Local Government (Planning and Development) Act, 1963 ;
	“planning permission” means a permission for the development of land if required by and granted under Part IV of the Local Government (Planning and Development) Act, 1963 , and, where regulations under section 25 of that Act make provision for outline applications, includes a permission granted on such an application;
	“predecessors in title”—
	(a) when used in relation to a tenant, means all previous tenants under the same tenancy as the tenant or any tenancy of which that tenancy is or is deemed to be a continuation or renewal, and
	(b) when used in relation to a landlord, means all previous landlords;
	“prescribed” means prescribed by regulations made by the Minister under this Act;
	“Rent Restrictions Acts”, when used without reference to particular years, includes, where the context so admits, a reference to the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923...