Landlord and Tenant Act, 1931

• Jurisdiction: Ireland
• Citation: IR No. 55/1931

Number 55 of 1931.
LANDLORD AND TENANT ACT, 1931.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section 1. Short title. 2. Definitions. 3. Exclusion of certain lands and premises held by local authorities. 4. Construction of references to reversions. 5. The Court for the purposes of this Act. 6. Tenancies under the Increase of Rent and Mortgage Interest (Restrictions) Acts. 7. Regulations. 8. Expenses. 9. Repeal.
PART II.
Compensation for Improvements.
10. Compensation for improvements. 11. Measure of compensation for improvements. 12. Notices in relation to the making of an improvement. 13. Works required by a sanitary authority. 14. Execution of improvement in absence of objection. 15. Rights of parties on service of improvement undertaking. 16. Rights of parties on service of improvement objection. 17. Restrictions on right to compensation for improvements. 18. Improvement certificates.
PART III.
Right to New Tenancy.
19. Application of this Part of this Act. 20. Right of tenant to new tenancy. 21. Restrictions on the right to new tenancy. 22. Compensation for disturbance in certain cases. 23. Measure of compensation for disturbance.
PART IV.
General Provisions in Relation to Relief Under Foregoing Parts of this Act.
24. Notice of intention to claim relief. 25. Application to the Court for relief. 26. Valuation of improvement by Commissioner of Valuation. 27. Provisions in relation to applications for a new tenancy. 28. Offer by landlord of new tenancy in lieu of compensation. 29. Fixing of terms of new tenancy by the Court. 30. Assistance of the Court by the Commissioner of Valuation under Part IV. 31. Mutual rights where landlord has no reversion. 32. Mutual rights where landlord has a nominal reversion. 33. Mutual rights where landlord has a short reversion. 34. Mutual rights on terminatin of landlord's tenancy. 35. Continuation of existing tenancies. 36. Time for payment of compensation. 37. Payment of compensation where tenancy is mortgaged. 38. Right of tenant to continue in occupation pending decision. 39. Tenancy terminated before passing of this Act. 40. Right of tenant to information. 41. Rights of entry and inspection. 42. Restriction on contracting out. 43. Application of the Settled Land Acts. 44. Protection of landlords in fiduciary capacities. 45. Extension of times limited by this Act.
PART V.
Special Provision in Relation to Building Leases.
46. Building leases and proprietary leases. 47. Right to reversionary lease. 48. Terms of reversionary lease. 49. Assistance of the Court by the Commissioner of Valuation under Part V. 50. Restrictions on the right to a reversionary lease. 51. Rights of sub-lessees where building lease is terminated by ejectment or re-entry. 52. Applications to the Court. 53. Right of reversionary lessee to continue in occupation. 54. Persons bound to grant reversionary lease.
PART VI.
Covenants in Leases.
55. Damages for breach of covenants to repair. 56. Covenants against alienation. 57. Covenants restrictive of user. 58. Covenants against making improvements. 59. Consent of lessor who cannot be found.
PART VII.
Miscellaneous.
60. Grant of building leases by the Court. 61. Right of set-off against rent in certain cases. 62. Amendment of section 6 of the Settled Land Act, 1882. 63. Service of notices.
Act Referred to Courts of Justice Act, 1924 No. 10 of 1924
Number 55 of 1931.
LANDLORD AND TENANT ACT, 1931.
AN ACT TO MAKE PROVISION FOR THE FURTHER IMPROVEMENT AND AMELIORATION OF THE POSITION OF TENANTS IN URBAN AREAS AND CERTAIN OTHER TENANTS AND FOR THAT PURPOSE TO AMEND THE LAW RELATING TO COMPENSATION FOR IMPROVEMENTS MADE BY SUCH TENANTS AND TO DISTURBANCE OF SUCH TENANTS, TO FACILITATE THE GRANTING OF BUILDING LEASES, AND TO MAKE OTHER PROVISIONS IN RELATION TO LANDLORDS AND TENANTS IN URBAN AREAS. [22nd December, 1931.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
PART I. Preliminary and general.
	Short title.	1.—This Act may be cited as the Landlord and Tenant Act, 1931.
	Definitions.	2.—In this Act—
	the word “tenement” means land or premises complying with all the following conditions, that is to say:—
	(a) it either—
	(i) is situate in an urban area and consists either of land covered wholly or partly by buildings or of a defined portion of a building, or
	(ii) is situate elsewhere than in an urban area and consists of land not exceeding one statute acre in area and having a house thereon, and
	(b) if it consists of land covered in part only by buildings, the portion of such land not so covered is subsidiary and ancillary to such buildings, and
	(c) it is held by the occupier thereof under a lease or other contract of tenancy express or implied or arising by virtue of a statute, and
	(d) such contract of tenancy is not a letting which is made and expressed to be made for the temporary convenience of the lessor or of the lessee and (if made after the passing of this Act) stating the nature of such temporary convenience, and
	(e) such contract of tenancy is not a letting made for or dependent on the continuance of the tenant in any office, employment, or appointment;
	the expression “urban area” means an area which is either a county or other borough, an urban district, a town, or a village;
	the word “tenant” means the person for the time being entitled to the occupation of a tenement and, where the context so admits, includes a person who has ceased to be entitled to such occupation by reason of the termination of his tenancy;
	the word “landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a tenement 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;
	the expression “superior landlord” means a person entitled in possession to a tenement by a tenure superior, whether mediately or immediately, to the tenure of the landlord of such tenement;
	the expression “predecessors in title” when used in relation to a tenant means and includes all previous tenants of the tenement of such tenant under the same tenancy as such tenant or any tenancy of which such tenancy is or is deemed to be a continuation or renewal, and the said expression when used in relation to a landlord means and includes all previous landlords of the tenement of such landlord;
	the word “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 shall include a fee farm grant;
	the word “lessee” shall, where the context so admits, be construed as including the executors, administrators, and assigns of the lessee;
	the word “lessor” shall, where the context so admits, be construed as including the heirs, executors, administrators, and assigns of the lessor;
	the word “improvement” when used in relation to a tenement means any addition or alteration to the buildings comprised in such tenement and includes any structure erected on such tenement which is ancillary or subsidiary to the said buildings and also includes the installation in the tenement of conduits for the supply of water, gas, or electricity, but does not include work consisting only of repairing, painting, and decorating, or any of them;
	the word “business” means any trade, profession, or business carried on for gain or reward;
	the expression “compensation under this Act” shall be construed as equivalent to the expression “compensation for improvements and compensation for disturbance or either of them”;
	the expression “relief under this Act” shall be construed as equivalent to the expression “compensation for improvements or a new tenancy under Part III of this Act”;
	the word “prescribed” means prescribed by regulations made by the Minister for Justice under this Act;
	except in Part V of this Act, the expression “building lease” means a lease made partly in consideration of the lessee having erected or agreed to erect permanent buildings, whether new or additional, on the demised premises.
	Exclusion of certain lands and premises held by local authorities.	3.—Where the buildings on any land or premises were or are provided by a local authority under the Housing of the Working-Classes (Ireland) Acts, 1890 to 1921, or the Labourers (Ireland) Acts, 1883 to 1930, the following provisions shall have effect, that is to say:—
	(a) if such land or premises is or are held by such local authority in fee simple, this Act shall not apply in respect of such land or premises;
	(b) if such land or premises is or are held by such local authority under a lease, such local authority shall be deemed for the purposes of this Act to be the tenant of such land or premises and to be in exclusive occupation thereof.
	Construction of references to reversions.	4.—(1) References in this Act to the reversion of a landlord as a period of time shall be construed as referring to the length of time by which the unexpired term for which such landlord holds the relevant tenement exceeds the term for which the tenant holds...