Charlie McConalogue (Donegal, Fianna Fail)
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The Fisheries Harbour Centre Act 1968 (including amendments post 1968) provides for the establishment and operation of these harbours to promote, develop and carry on sea fishing, fish processing, fish related activities and matters connected to the fish industry as well as any other purpose including the provision, improvement and development of leisure or amenity facilities or for facilitating or promoting the social or economic development of the area in which the Fishery Harbour Centre is located. Accordingly, there can be considerable diversity in the kind of commercial entities operating from each of the six State-owned Fishery Harbour Centres. The Deputy will be aware that the rent, along with all other income from these facilities, goes into the Fishery Harbour Centre Fund to pay for operation, maintenance and management of the facilities.

In common with commercial property leases elsewhere, leases in the Fishery Harbour Centre properties typically have a periodic rent review clause – generally between five and seven years. Valuations which determine the rate at which rent is set are provided by the Valuation Office, now part of Tailte Éireann, and rely on prevailing market conditions. Terms and conditions under which rent reviews can be conducted, disputed and agreed are a standard lease feature. As both parties are contracted by those leases, any lease holder who is dissatisfied with the outcome of their rent review can invoke the clauses of their lease concerning disputed rent reviews whereby an independent expert can be involved. Many lease holders will be familiar with this process and may indeed have invoked these clauses before.

A number of leases have come up for rent review in recent years but due to the impact of Covid19 restrictions valuations were delayed. As a result a number of properties in Castletownbere Fishery Harbour Centre have been revalued together and have recently been written to by my Department with regard to their rent reviews. The lease holders have been further reminded of the rent review dispute mechanisms of their leases. It is important that any lease holders with concerns about their rent review go through the process set out in their lease.