First Previous (LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT, 1978) Next (PART II Purchase of Fee Simple)

16 1978




Short title, construction and collective citation.

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

(2) The collective citation, the Landlord and Tenant Acts, 1931 to 1978, shall include this Act and those Acts and this Act shall be construed together as one Act.


2. —This Act shall come into operation on the 1st day of August, 1978.


[New in pt. cf. 1931, s.2; 1958, s.2; 1967, s.2 (1)]

3. —In this Act, except where the context otherwise requires—

the Act of 1931” means the Landlord and Tenant Act, 1931 ;

the Act of 1958” means the Landlord and Tenant (Reversionary Leases) Act, 1958 ;

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

the Court” means the Circuit Court;

dwelling” does not include a separate and self-contained flat in premises divided into two or more such flats;

dwellinghouse” has the meaning assigned by section 19;

immediate lessor” means the person for the time being entitled to the next superior interest in land held by any person whether under a lease or other contract of tenancy, or otherwise;

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 the personal representatives and successors in title of a lessee;

lessor” includes the personal representatives and successors in title of a lessor;

the Minister” means the Minister for Justice;

notice”, in relation to the acquisition of the fee simple, means, where notices are required to be served under section 4 of the Act of 1967 on more than one person, the first served of those notices;

statutory tenancy” means a statutory tenancy under the Rent Restrictions Act, 1946 , or the Rent Restrictions Act, 1960 .

Restriction on application to State.


4. —This Act shall not bind a Minister of the Government, the Commissioners of Public Works in Ireland or the Irish Land Commission.


[cf. 1931, s.7; 1967, s.34]

5. —(1) The Minister may make regulations for the purpose of giving full effect to the provisions of this Act including the prescribing of forms.

(2) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.


[cf. 1931, s.8]

6. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.


7. —(1) The following provisions of the Act of 1967 are hereby repealed: sections 3 (except subsection (5)), 5 (1) (2), 18 and 31.

(2) The reference in section 3 (5) of the Act of 1967 to a certificate of the Commissioner of Valuation shall have effect as if for the reference to “paragraph (d) of subsection (2) of this section” there were substituted a reference to Part II of this Act.