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55 1931

LANDLORD AND TENANT ACT, 1931

PART I.

Preliminary and general.

Short title.

1. —This Act may be cited as the Landlord and Tenant Act, 1931.

Definitions.

2. —In this Act—

the word “tenement” means land or premises complying with all the following conditions, that is to say:—

(a) it either—

(i) is situate in an urban area and consists either of land covered wholly or partly by buildings or of a defined portion of a building, or

(ii) is situate elsewhere than in an urban area and consists of land not exceeding one statute acre in area and having a house thereon, and

(b) if it consists of land covered in part only by buildings, the portion of such land not so covered is subsidiary and ancillary to such buildings, and

(c) it is held by the occupier thereof under a lease or other contract of tenancy express or implied or arising by virtue of a statute, and

(d) such contract of tenancy is not a letting which is made and expressed to be made for the temporary convenience of the lessor or of the lessee and (if made after the passing of this Act) stating the nature of such temporary convenience, and

(e) such contract of tenancy is not a letting made for or dependent on the continuance of the tenant in any office, employment, or appointment;

the expression “urban area” means an area which is either a county or other borough, an urban district, a town, or a village;

the word “tenant” means the person for the time being entitled to the occupation of a tenement and, where the context so admits, includes a person who has ceased to be entitled to such occupation by reason of the termination of his tenancy;

the word “landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a tenement by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of his tenancy;

the expression “superior landlord” means a person entitled in possession to a tenement by a tenure superior, whether mediately or immediately, to the tenure of the landlord of such tenement;

the expression “predecessors in title” when used in relation to a tenant means and includes all previous tenants of the tenement of such tenant under the same tenancy as such tenant or any tenancy of which such tenancy is or is deemed to be a continuation or renewal, and the said expression when used in relation to a landlord means and includes all previous landlords of the tenement of such landlord;

the word “lease” means an instrument in writing, whether under or not under seal, containing a contract of tenancy in respect of any land in consideration of a rent or return and shall include a fee farm grant;

the word “lessee” shall, where the context so admits, be construed as including the executors, administrators, and assigns of the lessee;

the word “lessor” shall, where the context so admits, be construed as including the heirs, executors, administrators, and assigns of the lessor;

the word “improvement” when used in relation to a tenement means any addition or alteration to the buildings comprised in such tenement and includes any structure erected on such tenement which is ancillary or subsidiary to the said buildings and also includes the installation in the tenement of conduits for the supply of water, gas, or electricity, but does not include work consisting only of repairing, painting, and decorating, or any of them;

the word “business” means any trade, profession, or business carried on for gain or reward;

the expression “compensation under this Act” shall be construed as equivalent to the expression “compensation for improvements and compensation for disturbance or either of them”;

the expression “relief under this Act” shall be construed as equivalent to the expression “compensation for improvements or a new tenancy under Part III of this Act”;

the word “prescribed” means prescribed by regulations made by the Minister for Justice under this Act;

except in Part V of this Act, the expression “building lease” means a lease made partly in consideration of the lessee having erected or agreed to erect permanent buildings, whether new or additional, on the demised premises.

Exclusion of certain lands and premises held by local authorities.

3. —Where the buildings on any land or premises were or are provided by a local authority under the Housing of the Working-Classes (Ireland) Acts, 1890 to 1921, or the Labourers (Ireland) Acts, 1883 to 1930, the following provisions shall have effect, that is to say:—

(a) if such land or premises is or are held by such local authority in fee simple, this Act shall not apply in respect of such land or premises;

(b) if such land or premises is or are held by such local authority under a lease, such local authority shall be deemed for the purposes of this Act to be the tenant of such land or premises and to be in exclusive occupation thereof.

Construction of references to reversions.

4. —(1) References in this Act to the reversion of a landlord as a period of time shall be construed as referring to the length of time by which the unexpired term for which such landlord holds the relevant tenement exceeds the term for which the tenant holds such tenement.

(2) References in this Act to the reversion of a superior landlord as a period of time shall be construed as referring to the length of time by which the unexpired term for which such superior landlord holds the relevant tenement exceeds the term for which his immediate lessee holds such tenement.

The Court for the purposes of this Act.

5. —(1) In this Act the expression “the Court” means the Circuit Court.

(2) The jurisdiction conferred by this Act on the Circuit Court shall be exercised by the Judge of that Court for the time being assigned to the Circuit in which is situate the tenement or other land in relation to which such jurisdiction is exercised.

(3) The Minister may, after consultation with the committee mentioned in section 65 of the Courts of Justice Act, 1924 (No. 10 of 1924), make rules of court for the purposes of this Act and, in particular, for regulating the practice and procedure under this Act.

(4) Every rule of court made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within the next twenty-one days on which such House has sat after such rule is laid before it, pass a resolution annulling such rule, such rule shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) Unless and until otherwise provided by rules of court, all applications under this Act to the Court shall be made by originating or interlocutory (as the case may require) notice of motion.

(6) Section 61 (which relates to appeals from the Circuit Court in civil cases) of the Courts of Justice Act, 1924 (No. 10 of 1924), shall apply to every order made by the Court under this Act and accordingly an appeal shall lie under and in accordance with that section from every such order, and a court hearing any such appeal shall have all the powers conferred by this Act on the Court.

Tenancies under the Increase of Rent and Mortgage Interest (Restrictions) Acts.

6.— Where a person retains possession of a tenement by virtue of the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, the tenancy arising by virtue of those Acts on such retention shall, for the purposes of this Act (whether such retention began before or after the passing of this Act), be deemed to be a continuation of the tenancy on the termination of which such retention began.

Regulations.

7. —The Minister for Justice after consultation with the President of the Incorporated Law Society of Ireland may by order make regulations prescribing any form, matter, or thing which is in this Act referred to as prescribed or to be prescribed.

Expenses.

8. —All expenses incurred by the Minister for Finance, the Minister for Justice, or the Commissioner of Valuation and Boundary Surveyor in the execution of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeal.

9. —The Town Tenants (Ireland) Act, 1906, is hereby repealed.