Land and Conveyancing Law Reform (Amendment) Act 2019

Publication Date:January 01, 2019
 
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Land and Conveyancing Law Reform (Amendment) Act 2019

2019 22

An Act to amend the Land and Conveyancing Law Reform Act 2013 to provide for the procedure to be followed in certain legal proceedings to which section 2 of that Act applies; and to provide for related matters.

[10 July 2019]

Be it enacted by the Oireachtas as follows:

S-1 Definition

1 Definition

1. In this Act, “Act of 2013” means theLand and Conveyancing Law Reform Act 2013.

S-2 Amendment of section 2 of Act of 2013

2 Amendment of section 2 of Act of 2013

2. Section 2 of the Act of 2013 is amended—

(a) in subsection (5), by the substitution of “this section or section 2A,” for “this section,”, and

(b) in subsection (7), by the substitution of “this section, section 2A and section 3” for “this section and section 3”.

S-3 Procedures to apply in certain proceedings

3 Procedures to apply in certain proceedings

3. The Act of 2013 is amended by the insertion of the following section after section 2:

2A. (1) This section applies to proceedings brought by a mortgagee seeking an order for possession of land to which the mortgage relates and which land is land to which section 2 applies—

(a) which were adjourned under section 2 and, on the expiry of the period of adjournment (including any period of further adjournment under that section), subsection (5) applies,

(b) in which a relevant person made an application under section 2(2)(b) which application was refused, or

(c) where the mortgagor has, prior to or following the commencement of the proceedings—

(i) participated in good faith in a designated scheme, or

(ii) engaged the services of a personal insolvency practitioner to assist him or her to resolve his or her mortgage arrears and, following such engagement, subsection (5) applies.

(2) In proceedings to which this section applies, the court—

(a) shall, when considering whether to make or refuse to make an order for possession, and

(b) may, when considering whether to make any other order it considers appropriate in the circumstances,

take account of—

(i) the matters referred to in subsection (3), and

(ii) such additional matters as it considers appropriate.

(3) The matters referred to in subsection (2)(i) are the following:

(a) whether the making of the order would be proportionate in all the circumstances;

(b) the circumstances of the mortgagor and his or her dependants (if any) in respect of whom the principal private residence the subject of the proceedings is their principal private residence;

(c) whether the mortgagee has made a statement to the mortgagor of the terms on which the mortgagee would be prepared to settle the matter in such a way that the mortgagor and his or her dependants referred to in paragraph (b) could remain in the principal private residence;

(d) the details of any proposal made, whether prior to or following the commencement of the proceedings by, or on behalf of, the mortgagor to enable the mortgagor and his or her dependants referred to in paragraph (b)—

(i) to remain in the principal private residence, including any proposal for participation by the mortgagor in a designated scheme, or

(ii) to secure alternative accommodation;

(e) the response, if any, of the mortgagee to any proposal referred to in paragraph (d)(i);

(f) the conduct of the parties to the mortgage in any attempt to find a resolution to the issue of dealing with arrears of payments due on foot of the mortgage.

(4) The matters to which the court may have regard for the purposes of subsection (3)(a) include the following:

(a) the...

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