Seanad debates

Wednesday, 1 October 2014

Valuation (Amendment) (No. 2) Bill 2012: Committee Stage

 

1:40 pm

Photo of Thomas ByrneThomas Byrne (Fianna Fail) | Oireachtas source

I move amendment No. 7:


In page 4, between lines 29 and 30, to insert the following:
“3. An occupier shall not be liable for any unpaid rates due to a rating authority if such rates were incurred during the occupancy of the relevant property by a previous occupier.".
This amendment derives from Private Members' legislation put forward in the Dáil by a colleague. This seeks to make an occupier exempt from rates when he or she takes over a premises with a bill outstanding from a previous occupier. If legislation could be changed, it would reflect reality. There was a court case in Swords some time ago in which a judge refused to allow a judgment to be registered against an individual landed with a rates bill from a previous occupier. That seemed reasonable and fair, and as the courts have acted in this way, we would like to insert this amendment in the legislation.

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