The Gazette 1979

GAZETTE

JULY-AUGUST 1979

Correspondence

Court for review of the rent every five years where the terms of the new lease have been fixed by the Court (Section 24). (5) Where the Circuit Court fixes the term of a new lease the term is to be 35 years unless the tenant opts for a lesser period (Section 23 (2)). (6) The definition of 'business' has been extended to include activities of providing cultural, charitable, educational, social or sporting services and also the public service (Section 3 (1)). (7) Where premises are held by one company and used by a subsidiary company for trading the parent (or holding) company is to be deemed to be entitled to protection under the Bill. However, no protection is given where the property is held by one company within a group of companies and the trading is carried on by a collateral company within the group. Protection is given where the tenant is an individual and the premises are occupied by a private company formed by die tenant for the purpose of carrying on a business in the premises (Section 5 ( 3 ) ). (8) An 'unforeseen temporary break' in the use of the tenement is to be disregarded where an application is made for a new tenancy (Section 13 (2)), but there must be doubts as to whether this can apply where there has been a break in user, possibly on a sale of the premises while the new purchaser gets ready to take up occupation. (9) In order to remedy a lacuna in what was Part V of the 1931 Act (the Part dealing with the relaxation of covenants in leases) exposed by Mr. Justice Kenny in his judgement in the case of Whelan and others v. Madigan (High Court 18/7/78 - unreported), the definition of 'lease' in Part V of the Bill is extended to include tenancies arising by operation of law or by reference on the expiration of a lease. (Section 64). (10) The grounds on which the Circuit Court may extend the time for doing any act or thing provided for in the Bill are now spelled out in some detail (Section 78). (11) A tenant is now given the right to serve a Notice of Intention to Claim Relief once he has qualified so to do (Section 20 (2)) and it appears to be in the contemplation of the draftsman that an application to the Circuit Court might well be made and the terms of the new tenancy determined before the expiry of the old tenancy. It is also provided in this context that where there has been on order for a new tenancy and the existing tenancy is terminated for a reason arising after the grant of a new tenancy which would have disqualified the tenant from getting such a new tenancy then the new tenancy even though ordered, will not come into effect (Section 26). (12) The rights of any person claiming under the Bill will extend or survive to their successors in title or personal representatives (Section 72). (13) Where premises provided by a Housing Authority under the Housing Acts are let for die purpose of business they are not to be excluded from the Bill (Section 6). (14) The 1931 Act provided that a tenant would not be entitled to a new tenancy if his tenancy was terminated by ejectment for non-payment of rent. This has not been extended to cover any form of ejectment based on non- payment of rent even if framed as ejectment for overholding or ejectment on the title (Section 17 (1)).

Office of the Revenue Commissioners, Dublin Castle, Dublin 2.

January 17, 1979

J. J. Ivers, Esq., Director General, The Law Society, Blackhall Place, Dublin 7.

Dear Mr. Ivers, I refer to my letter of the 13th September last in which I expressed the hope that the arrear in cases lodged for adjudication for the purposes of Stamp Duties would be disposed of by the end of December. I am glad to say that that objective was achieved. Every effort will be made to ensure that delays will not recur and that if, owing to unforseen circumstances, they do, the relapse will be of minimal duration. No doubt you will appreciate that, where cases are referred to the Commissioner of Valuation, delay will sometimes be unavoidable particularly where problems of identification arise. Here again it is proposed with the co- operation of the Commissioner, and consistent with his statutory and other obligations, to keep the time lag at the minimum level. I might add that the submission of unrealistic valuations in voluntary conveyances is often the reason for delays in many cases.

Yours sincerely, M. K. O'Connor (Commissioner).

Saint Luke's Cancer Research Fund

Gifts or legacies to assist this Fund are most gratefully received by the Secretary: E S THER BYRNE, " Oa k l a n d ", Highfield Ro a d, Ra t hg a r, Dublin 6. Telephone 9 7 6 4 9 1. This Fund does not employ canvassers or collectors and is not associated with any other body in fund raising.

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