Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, Regulations, 1978.

JurisdictionIreland
CitationIR SI 219/1978
Year1978

S.I. No. 219 of 1978.

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978, REGULATIONS, 1978.

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 5 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (No. 16 of 1978), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , Regulations, 1978.

(2) These Regulations shall come into operation on the 1st day of August, 1978.

2. In these Regulations:

"the Act of 1978" means the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 ;

"the Act of 1967" means the Landlord and Tenant (Ground Rents) Act, 1967 ;

"the Registry" means the Land Registry;

" the Registrar" means the Registrar of Titles.

3. The forms set out in the First Schedule to these Regulations are hereby prescribed as the forms of registers to be kept by the Registrar under section 21 (1) of the Act of 1967 for the purposes of the Act of 1978.

4. The Central Office of the Land Registry is hereby prescribed as the place at which the registers referred to in Regulation 3 shall be made available to the public and the times during which that office is normally open to the public are hereby prescribed as the times during which the registers shall be so made available.

5. (1) The forms set out in the Second Schedule to these Regulations are hereby prescribed for the purposes of the Act of 1978.

(2) Every application under section 21 of the Act of 1978 shall be accompanied by the original or a certified copy of each document of title to the applicant's interest or by a reference to the relevant Land Registry leasehold folio, where appropriate.

6. (1) Where the applicant relies on the consent of every person who would be a necessary party to the conveyance to him of the fee simple free from incumbrances, the agreed purchase price shall be deemed to include all arrears and apportionments of rent up to the date of such consent and, where the purchase money is lodged in the Registry, such agreed purchase price shall be deemed to include all such rent up to a date not exceeding one month after the date of such consent.

(2) On arbitration, the date of vesting shall not be earlier than the next gale day, or, on production of a receipt for rent to such gale day, on such earlier day as the arbitrator shall decide.

7. (1) Where the purchase money is deposited with the Registrar, together with the consent of every person who would be a necessary party to a conveyance of the fee simple free from encumbrances, notice shall be served on every such person of the issue of the vesting certificate.

(2) All moneys deposited with the Registrar under section 22 of the Act of 1978 may after a period of six months be lodged in the Circuit Court under subsection (7) of that section.

8. Where a title is not registered in the Registry, the arbitrator may accept, as evidence of such title, a certificate by a practising solicitor or barrister in Form G in the Second Schedule to these Regulations.

9. Where the fee simple interest is not registered, the Registrar, for the purposes of registration in the Registry of Deeds, may accept a duplicate of the vesting certificate as a memorial.

10. Where, in the case of an application for a vesting certificate, a death, transmission or change of interest occurs before vesting is effected, the proceedings shall not abate, but may be continued by and in the name of any person who is personal representative or successor in title of the applicant.

11. (1) An affidavit or statutory declaration for the purpose of any proceedings in the Registry may be sworn or taken before any officer of the Registry duly authorised by the Minister for Justice, any person authorised by law to administer oaths or, in the case of statutory declarations, any person authorised by law to take and receive such declarations.

(2) An affidavit for use in the Registry shall comply generally with the provisions relative to form, jurat, interlineations, alterations and erasures in the Rules of the Superior Courts concerning affidavits for use in the High Court.

12. (1) Every notice issued from or sent by the Registry (except notices of the receipt of applications or of completion of same or formal notices of a like description) shall fix a time within which any act or step required to be done or taken by the notice is to be done or taken and shall state what shall be the consequence of any omission to comply therewith.

(2) The notice shall also state in what manner and within what time an answer, objection or other communication, if any, arising out of the notice is to be made and the address at or to which it is to be delivered or sent.

(3) The arbitrator may, in any particular case, either before or after any notice period expires, extend such notice period upon such terms as he thinks proper.

13. In an arbitration, the arbitrator may give notice to all persons interested to attend before him on a day and at a time to be stated in the notice for the consideration of the matter.

FIRST SCHEDULE.

PART I.

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978 .

Register of arbitration awards in relation to price of fee simple.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Ref. No.

Applicant

Whether lease or yearly tenancy (Note)

Immediate lessor

Superior lessor(s)

Description of Land

Amount of rent

Award: (a) Purchase price (b) Costs (c) Date of award

Note: If lease, state date and length of term.

PART II.

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978 .

Register of arbitration awards in relation to matters other than price of fee simple.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Ref. No.

Applicant

Whether lease or yearly tenancy (Note)

Immediate lessor

Superior lessor(s)

Description of Land

Amount of rent

Question for decision

Award and Date

Note: If lease, state date and length of term.

SECOND SCHEDULE.

FORM A

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

APPLICATION FOR VESTING BY CONSENT

Application to the Registrar of Titles under section 20 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , for the vesting in fee simple, pursuant to section 22 of the said Act (with the consent of every person who would be a party to a conveyance of the fee simple free from incumbrances) of the property described in the Schedule hereto.

County:

I/We

of

declare:

1. I/We am/are entitled under Part II of the above Act to acquire the fee simple in the property described in the Schedule hereto, the permanent buildings on which were constructed for use wholly or principally as a dwelling (not being a separate and self-contained flat in premises divided into two or more such flats) and are so used.

2. I/We am/are in occupation of the said property. (Note (a)).

3. I/We enclose herewith the consent(s) in Form C of the person(s) specified in section 20 of the above Act.

4. The entire of the purchase money has been paid to the person(s) entitled thereto or authorised to give receipt therefor.

or

The agreed purchase price is lodged herewith.

5. The fee simple title is registered on Folio of the Register County

or

I/We refer to the certificate in Form G in relation to the fee simple title.

or

No evidence of the following consenting party's title is forthcoming:

(Note (b))

6. I/We enclose herewith £ being the fee payable for issue of the Vesting Certificate under section 22 of the said Act. Note (c)).

SCHEDULE (Note (d))

To

The Registrar of Titles

NOTES:

( a ) Delete paragraph 2 if inapplicable.

( b ) Where an applicant has any doubt about the title to the property of the consenting party or parties the purchase price may be lodged in the Land Registry.

( c ) £5 if paragraph 2 applicable; £10 if paragraph 2 inapplicable.

( d ) Sufficient particulars should be given to identify the...

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