Ciarán Lynch (Cork South Central, Labour)
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Question 154: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to efforts by landlords to circumvent the prohibition on upward only rent reviews such as ensuring that only the landlord may trigger the rent review; the steps he will take to ensure that the intent of the new Act is not frustrated; and if he will make a statement on the matter. [13539/10]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy will be aware that the effect of Section 132 of the Land and Conveyancing Law Reform Act 2009 is that future rent review clauses will be construed as providing that the rent can go up, down or remain the same by reference to the rent payable immediately prior to the review date. This provision apples even where the future lease has a provision which specifies upward only rent reviews. The provision does not have retrospective effect and will not apply to business leases (or agreements for such leases) which have been entered into prior to 28 February 2010.

My Department has received no representations on the matter adverted to by the Deputy. In any event, I would point out that the question as to who should initiate the rent review process is a matter which has to be settled by all parties to the lease and cannot be determined unilaterally.