The Gazette 1964/67

Food and Agricultural Legislation: Vols., 12 (1965). International Law List: 1966. Irish Institute of Chartered Accountants: List of Mem bers, 1964. Ireland: Symposium on Road Safety, 1964. Ireland: Statutory Instruments, 2 bound Vols. 1961. Jenks (E.): The New Jurisprucence, 1933. London University Calendar: 1965-66. Manchester Unviersity Calendar: 1965-66. Martindale-Hubbell: Law Directory, 4 Vols. 1965. National University of Ireland Calendar: 1965-66. Newman (E. S.): The Hat Reater, 1964. New South Wales Law Almanack: 1965. Queens University, Belfact: Calendar 1965-66. Reed (E.): Readings for Democrats, 1960. Sheffield University: Calendar 1965-66. University of Wales: Calendar 1965-66. University College, Dublin: Calendar 1965-66. Graham-Green: Criminal Costs, including Legal Aid. INTERIM REPORT OF WORKING PARTY ON LANDLORD AND TENANT LAW We have considered the provisions of the Land lord and Tenant Bill 1965 which is based on the provisions of the Ground Rents Commission of 1964 and we make the following preliminary recommendations:— 1. Notice of Intention to Claim Relief under Section 24 Landlord and Tenant Act 1931 : Under the provisions of this section no claim for relief under the Act shall be maintained unless the Applicant serves a notice on the Landlord of his intention to claim relief within a period of not less than three months before the termination of the tenancy where the letting is for a term of years. Section 45 of the 1931 Act also provides for .in extension of such period upon such terms as the Court thinks proper. The judicial interpretation of Section 45 is to the effect that no extension of time for serving a Notice 01" Intention to Claim Relief will be granted except for the most compelling reasons and, as a consequence, considerable hardship hits been inflicted on a number of tenants who have been deprived of their rights under Part III of the 1931 Act because of their failure to serve Notice of Intention to Claim Relief within the specified time because of a bona fide, ommission, error or oversight and, as a consequence, were compelled to vacate their business premises or alternatively pay such rent as the Landlord demanded and such further terms as the Landlord might deem it fit to impose. It is recommended that provision be made in the Landlord and Tenant Bill 1965 to rectify this (1964) and 13

situation by including provisions therein similar to Section 12 and 15 of the Landlord and Tenant Revisionary Leases Act 1958. Section 12 of the Landlord and Tenant Act of the 1958 Act, Sub-Section 1 (b) provides that the Lessee shall be entitled on application to obtain from the immediate Lessor a Reversionary Lease at any time subject to limiattions therein provided on the expiration of three months from the service on the tenant by his immediate Lesser or any Superior Lessor of notice of the expiration of his Proprietary Lease and otherwise as therein. Section 13, Sub-Section 4 is in the following terms : "Where a Lessee fails to apply for a Reversionary Lease within the time specified in Sections II or Section 12 of this Act the Court may on such terms as the Court thinks proper extend such time where it is satisfied that the failure was occasionsed by disability, mistake, absence from the state, inability to obtain re quisite information or any other reasonable cause." It is generally recommended that an oblig ation should be placed upon the Landlord to give notice to the tenant of the fact that his Lease is about to terminate or has terminated and that the tenant should have a certain speci fied time to serve Notice of Intention to Claim Relief under the Act and in addition liberty to apply to the Court for an extension of time on the basis provided in Section 13, Sub-Section 4 as aforesaid. Powers vested in County Registrar—Section 17 of Bill: Novel provisions have been introduced into this Bill making the County Registrar an Arbitrator under the provisions of the Arbitration Act 1954 for the purposes of determining certain disputes and difficulties that are certain to arise in the administration of the Act. Section 17 indicates that any person may apply to the County Regis trar for the area in which the land to which the Application relates is situate to have certain amt- ters determined by his arbitration and the County Registrar shall make such award as justice shall require. Certain powers are vested in the County- Registrar under the provisions of Sub-Section 3 of Section 17 of Sub-Section 4 excludes certain Sections of the Arbitration Act 1954 as being in applicable to an Arbitration under this Landlord and Tenant Act. Under Section 19 of the Bill power is given to the County Registrar to determine in what man ner the costs of the Arbitration shall be paid and he has also power to tax and settle the amount of the costs to be so paid. Sub-Section 4 of Section 19 also indicates that 14