Tommy Broughan (Dublin North East, Labour)
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Question 284: To ask the Minister for Justice, Equality and Law Reform the position regarding ground rents, including the liability of a householder for such rents; and if it is intended to abolish ground rents by legislation or by referendum. [26354/10]

Dermot Ahern (Louth, Fianna Fail)
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The position is that Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 already contains a statutory scheme whereby any individual may, at reasonable cost, acquire the fee simple in their dwelling house. The scheme is operated by the Property Registration Authority. I should add that a landlord is statute barred from claiming more than 6 years arrears of ground rent and section 27 of the 1978 (No. 2) Act provides that a landlord cannot re-enter or take possession of premises in respect of which payment of the ground rent is in arrears.

A legal challenge to the constitutionality of the purchase price provisions of the ground rents legislation was heard in the High Court in 2005. While the Court's judgment upholding the constitutionality of the legislation was delivered in early 2006, it was subsequently appealed to the Supreme Court. The Supreme Court heard the appeal some months ago and reserved its judgment. The operation of the law in this area continues to be reviewed in my Department.