Written answers

Thursday, 19 July 2012

Department of Justice, Equality and Defence

Ground Rents Abolition

5:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 581: To ask the Minister for Justice and Equality if he will proceed with legislation to abolish ground rents in view of the resurgence of demands in certain ground rents by landlords; and if he will make a statement on the matter. [36244/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The position is that Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 contains a statutory scheme whereby any person may, at reasonable cost, acquire the fee simple in his or her dwelling house. is scheme is operated by the Property Registration Authority. Since it was introduced in 1978, over 80,000 applicants have availed of the scheme to acquire the freehold title to their property. I should note that the value of a ground rent lease to a landlord increases the closer the lease is to expiry and the best advice to give tenants is to buy out their ground rent in good time. is has been the consistent advice offered by Ministers for Justice and Equality.

In the case of property other than dwelling houses, the Landlord and Tenant (Ground Rents) Act 1967 contains provisions which facilitate acquisition of the fee simple subject to agreed terms or on terms set out in an arbitration carried out by the County Registrar. Any proposal regarding the abolition of ground rents is, however, subject to the resolution of possible constitutional and practical difficulties. The constitutional difficulties referred to concern the respective rights of ground rent tenants and landlords while the practical difficulties concern land law generally and in particular the land registration system.

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