Tommy Broughan (Dublin North East, Independent)
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234. To ask the Minister for Justice and Equality her plans to re-examine and abolish upward-only rent reviews for commercial properties; and if she will make a statement on the matter. [17442/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, in December 2011 the Government took the difficult decision not to proceed with the commitment in the Programme for Government to abolish upward only rent reviews in so called "legacy leases", i.e., those entered into before 28 February 2010. For leases entered into on or after that date, section 132 of the Land and Conveyancing Law Reform Act 2009 has the effect of providing that, in practice, upward only rent review clauses are no longer possible.

In relation to so called "legacy leases", there was a substantial concern that any legislative scheme involving interference in the contractual relationships of private parties would find it extremely difficult to survive a Constitutional challenge. In addition, the Government was advised that any model proposed would require the payment of compensation to landlords whose rights were infringed in order to ensure that the proposal would be compatible with the Constitution and with the European Convention on Human Rights. As I have indicated in my replies to previous Parliamentary Questions on the subject of upward only rent review clauses, there are no plans to re-examine the decision taken in 2011.