Written answers

Tuesday, 13 November 2018

Department of Justice and Equality

Proposed Legislation

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
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251. To ask the Tánaiste and Minister for Justice and Equality his plans to introduce legislation in which a commercial property owner is restricted from asking tenants to leave if the owner is selling the property. [46708/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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There are no legislative provisions dealing with the particular circumstances described by the Deputy.

Section 16 of the Landlord and Tenant (Amendment) Act 1980 provides for the general rule that a tenant shall be entitled to a new tenancy beginning on the termination of the previous tenancy. The new tenancy shall be on such terms as may be agreed between the landlord and the tenant or, where no such agreement can be reached, the Court may fix the terms.

Section 17 of the 1980 Act specifies a number of restrictions relating to the right to a new tenancy. Under the section, a tenant is not entitled to a new tenancy where:

- an existing tenancy has been terminated due to non-payment of rent;

- an existing tenancy has been terminated due to a breach by the tenant of a covenant of the tenancy;

- the tenant has terminated his or her previous tenancy by notice of surrender;

- the tenancy has been terminated by notice to quit given by the landlord for good and sufficient reason;

- the landlord intends or has agreed to demolish and rebuild the premises and has planning permission for the work;

- the landlord requires vacant possession for the purpose of carrying out a scheme of development of property which includes the premises;

- for any reason the creation of a new tenancy would not be consistent with good estate management.

In addition, section 17 provides for certain restrictions on the granting of a new tenancy where the landlord is a local authority.

Government approval for the drafting of a Landlord and Tenant Law Reform Bill was granted in September 2011. The objective of the draft Bill, which is broadly based on recommendations in a 2007 Report of the Law Reform Commission, is to update and streamline the general lawrelating to landlord and tenant. This will involve repealing the Landlord and Tenant Law Amendment Act Ireland 1860 (more commonly know as Deasy's Act) and various other obsolete and inappropriate pre-1922 statutes, together with some statutory provisions or more recent origin, and replacing them with a statutory framework more suited to modern conditions.

Due to pressure of other legislative priorities drafting of the Bill remains at a very early stage in the Office of the Parliamentary Counsel.

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