Charlie O'Connor (Dublin South West, Fianna Fail)
Link to this: Individually | In context

Question 187: To ask the Minister for Justice, Equality and Law Reform the position regarding the abolition of ground rents; the Government's plan to deal with issues of expired leases on dwelling houses; and if he will make a statement on the matter. [35879/05]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

As regards the abolition of ground rents, a High Court challenge to the constitutionality of certain provisions of the existing ground rents legislation has been heard and judgment is awaited. In the circumstances, it would not be appropriate to proceed with proposals for further legislation in this area until the outcome of this case is known.

As regards expired leases on dwelling houses, the position is that the ground rent tenant may be entitled to acquire the fee simple: as a yearly tenant arising by operation of law or by inference, where rent has been paid to and accepted by the landlord after the expiry of the lease and the conditions in section 15 of the Landlord and Tenant (Ground Rent)(No. 2) Act 1978 are satisfied; under section 13 of the Landlord and Tenant (Ground Rent)(No. 2) Act 1978, where the application was made within 12 months of the commencement of the Act; or under section 3(2)(c) of the Landlord and Tenant (Ground Rents) Act 1967, as revived by section 73 of the Landlord and Tenant (Amendment) Act 1980, where the lease was a building lease or a propriety lease.