Oireachtas Joint and Select Committees
Wednesday, 11 May 2022
Joint Oireachtas Committee on Health
New National Maternity Hospital: Discussion
Mr. John O'Donoghue:
The landlord has nothing to do with the building. The obligation on the State is to maintain the exterior and the structure. That is to make sure within the estate that it does not detract from the rest of the estate. However, because this building could be there for a long time, we do not want to create obligations on the HSE in relation to internal repairs, etc. Any repair obligations will be passed on to the NMH DAC through the operating licence, which is effectively a 299-year obligation, as long as NMH DAC complies with its obligations to provide all the services it is required to provide from the land.
There is a further provision in that lease, at clause 6.1, quiet enjoyment, which again is a fairly standard provision. It provides:
... so long as the Tenant pays the rents [again that is a nominal rent for as long as it complies with certain obligations] ... and performs the covenants ... the Tenant may hold and enjoy the Premises [which includes the land and the buildings on it] and the rights hereby granted peaceably during the Term [which is 299 years] without any unlawful interruption by the Landlord or any person lawfully claiming under or in trust for the Landlord.
No comments