The Gazette 1972

2. The Council recommend the following basis of charging the first lessee or purchaser of a new house including cases in which the transaction is carried out by way of building agreement and agreement for lease, and regardless of whether the lessor's or vendor's title is registered or unregistered : In the case of houses costing not less than £5,000 and not more than £10 ,000 a charge of 2 per cent where there is a mortgage con- temporaneous with the mortgage and a charge of 1J per cent where there is no contemporaneous mortgage. Where the purchase price is less than £5,000 a charge of not more than £80 should be made. No recommen- dation is made in respect of transactions for more than £10,000. The recommended charges are exclusive of disbursements. Recommended fee Purchase price Purchase Purchase with without mortgage contemporaneous mortgage £5,000 £75 £100 £6,000 £90 £120 £7,000 £105 £140 £8,000 £120 £160 £9,000 £135 £180 £10,000 £150 £200 Over £10,000 no recommendation Where the price does not exceed £5,000 the fee should not exceed £80 in any case. 3. The Council are of the opinion that the costs of a vendor lessor or builder of a new house should not be charged to lessee purchaser or employer. been given a further year from 7th December 1971 to bring applications for a review to the District Court. This provision was inserted following representations made some time ago by the Council and members should pay particular attention to it as it is extremely unlikely that the statutory period will ever again be extended and members who omit to take account ox the extension and who advise their clients accordingly may leave themselves open to proceedings for negli- gence. At the date of writing the Landlord and Tenant (Amendment) At 1971 is not yet on sale at the Govern- ment Publications Sales Office. Members may be able to obtain copies of the Bill as passed by both Houses. Representations have been made to the Department oi Justice and to the Stationery Office. held, during the course of which papers on the follow- ing subjects were given : (a) "Sales under Section 90 of the Housing Act, 1966, and the Effect of the Housing (Loan Charges Contri- bution and Management) Regulations, 1967, thereon by William Dundon, City Solicitor, Limerick. . (b) "The implications of the decision in Listowe» U.D.C. v MacDonagh (105 I.L.T.R. 99)" by Timothy Murphv. County Solicitor, Kerry. (c) "Relator Proceedings" by Michael J. Leech, LaW Agent, Dun Laoghaire Corporation. (d) A talk on "Land Acquisition Problems" was gi ven jointly by Brendan Kieman, B.L., Legal Adviser, Department of Local Government, and Michael Mn f * phy, B.L. Assistant Legal Adviser, Department of Loca Government.

3. The lack of uniformity in the costs charged to the purchaser/mortgagor particularly where the sale is by way of building agreement and agreements for lease. The Council propose to make representations to building societies and other lending institutions with a view to having the mortgagee's solicitor's costs added to the amount of the advance or alternatively to have the nding institutions bear their own costs. The Council have passed the following resolutions to deal with the other two factors : 1. Agreements for the sale of new houses should not unduly restrict the title offered to the purchaser and should provide for the furnishing to the purchase with- out cost to him of all copy documents and declarations necessary to enable him to obtain a loan. In particular the following documents should be furnished to the purchaser where applicable without charge : Copy documents of book of title including certified copy negative searches. Statutory declaration of identity. Certificate of compliance with building covenant. Lease map. Indemnities as to roads and services. Cerificate under Section 72 of the Registration of Title Act, 1964. In the opinion of the Council the charges in respect of these items should properly be borne by the lessor or vendor. The Council disapprove of the imposition on the lessee or purchaser by the solicitor for the lessor or vendor of charges for postage and petty outlay. The attention of members is again drawn to the infor- mation at page 17 of the Society's Gazette for January 1972. Section 11 of the Act gives further opportunity to landlords of less than six controlled dwellings to apply to the District Court to have the basic rent of any or all of these dwellings reviewed. This is a repe- tition of the provisions of Section 8 (1) (a) of the Rent Restrictions Act 1960 as amended by Section 4 (1) of the 1967 Act. The provision originally had a life of two years but many landlords who would have been entitled to make use of the provision apparently were unaware of their existence and many practitioners may not have fully appreciated the purpose of the extremely complex Section 4 of the 1967 Act. Such landlords have now

LANDLORD AND TENANT AMENDMENT (ACT), 1971 Important Notice

LOCAL AUTHORITY SOLICITORS ASSOCIATION The annual general meeting of the Association was held on Friday, 10th March 1972, at the Solicitors' Buildings, Four Courts, Dublin. The following officers were elected. Chairman, Michael J. Leech; Hon. Secretary/Treas- urer, Dermot Loftus; Committee, Messrs Timothy Mur- phy, Peter A. Fitzpatrick, Donal M. King, Henry Mur- ray and William Dundon.

Tributes were paid to the former Chairman of the Association, the late Mr. Dermod M. F. Walsh, Law Agen, Dublin Corporation, and the meeting adjourned for an interval as a mark of respect. In proposing a vote of sympathy to the relatives of the late Mr. Walsh and also to the Dublin City and County Manager, Mr. William Dundon said that not alone had the Associa- tion lost a loyal colleague, but that the profession as a whole would be much the poorer at Mr. Walsh's death. Following the annual general meeting a seminar was

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