Landlord and Tenant (Amendment) Act 1980


Number 10 of 1980


LANDLORD AND TENANT (AMENDMENT) ACT 1980

REVISED

Updated to 20 September 2019


This Revised Act is an administrative consolidation of the Landlord and Tenant (Amendment) Act 1980. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Judicial Council Act 2019 (33/2019), enacted 23 July 2019, and all statutory instruments up to and including the Public Health (Alcohol) (Fixed Payment Notice) Regulations 2019 (S.I. No. 480 of 2019), made 20 September 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 00 of 0000


LANDLORD AND TENANT (AMENDMENT) ACT 1980

REVISED

Updated to 20 September 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Landlord and Tenant Acts 1967 to 2008 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Last Collective Act 0000 (14/2008), s. 1(6)). The Acts in this group are:

Landlord and Tenant (Ground Rents) Act 1967 (3/1967)

Landlord and Tenant (Amendment) Act 1971 (30/1971)

Landlord and Tenant (Ground Rents) Act 1978 (7/1978)

Landlord and Tenant (Ground Rents) (No. 2) Act 1978 (16/1978),

Landlord and Tenant (Amendment) Act 1980 10/1980)

Landlord and Tenant (Ground Rents) (Amendment) Act 1983 20/1983)

Landlord and Tenant (Amendment) Act 1984 4/1984)

Landlord and Tenant (Ground Rents) (Amendment) Act 1984 15/1984)

Landlord and Tenant (Ground Rents) (Amendment) Act 1987 (12/1987)

Landlord and Tenant (Amendment) Act 1989 (2/1989)

Landlord and Tenant (Amendment) Act 1994 (20/1994)

Landlord and Tenant (Ground Rents) Act 2005 (7/2005)

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), Part (ss. 47, 48)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016)

Central Bank (Supervision and Enforcement) Act 2013 (26/2013)

National Asset Management Agency Act 2009 (34/2009)

Land And Conveyancing Law Reform Act 2009 (27/2009)

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

Residential Tenancies Act 2004 (27/2004)

British-Irish Agreement Act 1999 (1/1999)

Landlord and Tenant (Amendment) Act 1994 (20/1994)

Landlord and Tenant (Amendment) Act 1989 (2/1989)

Landlord and Tenant (Amendment) Act 1984 (4/1984)

Housing (Private Rented Dwellings) Act 1982 (6/1982)

All Acts up to and including Judidial Council Act 2019 (33/2019), enacted 33 July 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Landlord and Tenant (Amendment) Act, 1980, (Section 13(4)) Regulations 1999 (S.I. No. 52 of 1999)

Landlord and Tenant (Amendment) Act, 1980, (Section 13 (4)) Regulations 1994 (S.I. No. 36 of 1994)

Landlord and Tenant Regulations 1980 (S.I. No. 272 of 1980)

Landlord and Tenant (Amendment) Act, 1980 (Commencement) Order 1980 (S.I. No. 271 of 1980)

All statutory instruments up to and including Public Health (Alcohol) (Fixed Payment Notice) Regulations 2019 (S.I. No. 480 of 2019), made 20 September 2019, were considered in the preparation of this revision.


Number 10 of 1980


LANDLORD AND TENANT (AMENDMENT) ACT 1980

REVISED

Updated to 20 September 2019


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title, construction and collective citation.

2.

Commencement.

3.

Interpretation.

4.

Restriction on application to State.

5.

“Tenement”.

6.

Premises provided by local authorities.

7.

Statutory tenancies under the Rent Restrictions Act, 1960.

8.

Jurisdiction of Circuit Court.

9.

Regulations.

10.

Expenses.

11.

Repeals and consequential provisions.

12.

Rules of court.

PART II

Right to New Tenancy

13.

Application of Part II.

14.

Application of Part II to business premises decontrolled by Rent Restrictions Act, 1960.

15.

Application of Part II to dwellings decontrolled by Rent Restrictions (Amendment) Act, 1967.

16.

Right of tenant to new tenancy.

17.

Restrictions on right to new tenancy.

18.

Provisions relating to award of new tenancy.

19.

Provisions where tenant not entitled to new tenancy.

20.

Notice of intention to claim relief.

21.

Application for relief.

22.

Offer by landlord of new tenancy in lieu of compensation.

23.

Fixing of terms of new tenancy by Court.

24.

Review of rent. (Repealed)

25.

Modification of sections 23 and 24 in case of dwellings to which section 15 relates.

26.

Termination of tenancy after order for new tenancy.

27.

Continuation of existing tenancies.

28.

Right of tenant to continue in occupation pending decision.

29.

Tenancy terminated before commencement of this Act.

PART III

Reversionary Leases

30.

Reversionary lease.

31.

Application to obtain reversionary lease.

32.

Persons bound to grant reversionary leases.

33.

Restrictions on right to reversionary lease.

34.

Terms of reversionary lease settled by Court.

35.

Determination of rent.

36.

Gross rent.

37.

Applications to the Court.

38.

Expenditure on repairs.

39.

Reversionary lease a graft on former lease.

40.

Right of lessee to continue in possession.

41.

Evidence of agreement to build.

42.

Buildings replaced under covenant.

43.

Buildings erected in breach of covenant.

44.

Application of Act of 1967.

PART IV

Compensation

Compensation for Improvements

45.

“Improvement”.

46.

Compensation for improvements.

47.

Measure of compensation for improvements.

48.

Improvement notice.

49.

Works required by public authority.

50.

Execution of improvement in absence of objection.

51.

Rights of parties on service of improvement undertaking.

52.

Rights of parties on service of improvement objection.

53.

Restriction on increase of rent of controlled dwellings.

54.

Restrictions on right to compensation for improvements.

55.

Improvement certificate.

56.

Claim for improvements.

57.

Compensation for improvements a first charge.

Compensation for Disturbance

58.

Compensation where tenant not entitled to new tenancy.

59.

Compensation where lessee not entitled to new lease.

60.

Compensation on termination of tenancy in obsolete buildings.

Consequential Provisions

61.

Set-off compensation against rent, etc. .

62.

Payment of compensation where interest is mortgaged.

63.

Protection of trustees, etc. .

PART V

Covenants in Leases of Tenements

64.

“Lease”.

65.

Damages for breach of covenants to repair.

66.

Covenants against alienation.

67.

Covenants restrictive of user.

68.

Covenants against making improvements.

69.

Consent of lessor who cannot be found.

PART VI

Miscellaneous

70.

Application of Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, to certain public authorities.

71.

Amendment of section 10, condition 5 of Landlord and Tenant (Ground Rents) (No. 2) Act, 1978.

72.

Extension of sections 10 and 12 of Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, to certain subleases for less than 50 years.

73.

Preservation of pre-existing rights.

74.

Conversion of leases for lives into fee simple.

75.

Sale of houses for which letting grants were paid to public utility societies.

76.

Necessary party to deed, etc., under disability or failing to act.

77.

Survival of rights on death.

78.

Lease terminating by ejectment or re-entry.

79.

Application of Settled Land Acts.

80.

Mortgages.

81.

Valuation by Commissioner of Valuation.

82.

Evidence and apportionment of rateable valuation.

83.

Extension of times limited by this Act.

84.

Notices requiring information.

85.

Void contracts.

86.

Rights of entry and inspection.

87.

Set-off against rent for cost of repairs.

88.

Service of notices.

SCHEDULE

Repeal of Enactments


Number 10 of 1980


LANDLORD AND TENANT (AMENDMENT) ACT 1980

REVISED

Updated to 20 September 2019


AN ACT TO AMEND THE LAW RELATING TO THE RENEWAL OF LEASES AND TENANCIES AND TO COMPENSATION FOR IMPROVEMENTS AND FOR DISTURBANCE OR LOSS OF TITLE AND FOR THESE AND OTHER PURPOSES TO AMEND THE LAW OF LANDLORD AND TENANT AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [9 th June, 1980]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Rights under collectively cited Landlord and Tenant Acts not affected in certain circumstances (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 32, S.I. No. 532 of 2019.

Orders not to affect rights under certain enactments or estate or interest

32. (1) Where, by reason only of an interim barring order, emergency barring order or a barring order, a person is not residing at a place during any period, that person shall be deemed, for the purposes of any rights under the Statutes of Limitations, the Landlord and Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings) Acts 1982 and 1983 and the Residential Tenancies Acts 2004 to 2015, to be residing at that place during that period.

(2) Except in so far as the exercise by a respondent of a right to occupy the place to which a barring order, an interim barring order or an emergency barring order relates is suspended by virtue of the order, that order shall not affect any estate or interest in that place of that respondent or any other person.

C2

Application of collectively cited Landlord and Tenant Acts restricted (13.05.2015) by Sport Ireland Act 2015 (15/2015), s. 27, commenced on enactment.

Renewal of leases

27. Notwithstanding the Landlord and Tenant Acts 1967 to 2008, Sport Ireland is entitled to withhold consent to—

(a) the renewal of a lease or a tenancy agreement in respect of,

(b) a subletting of, or

(c) a change in use of,

the site or any part of the site where such renewal, subletting or change of use, as the case may be, would prejudice the management or operation of the site.

C3

Application of collectively cited Landlord and Tenant Acts restricted (13.04.2015) by Housing (Miscellaneous) Provisions Act 2014 (21/2014), s. 12(16), S.I. No. 121 of 2015.

Proceedings for possession of local authority dwelling

12. ....

(16) Nothing in the Landlord and Tenant Acts 1967 to 2008 or the Housing (Private Rented Dwellings) Acts 1982 and 1983 relating to the obtaining of possession of a dwelling or building or part thereof shall be deemed to affect this section.

C4

Application of collectively cited Landlord and Tenant Acts restricted by Roads Act 1993 (14/1993), s. 19(11), as inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 7(c), commenced on enactment.

Specific functions of the Authority

19.. ....

[(11) The Landlord and Tenant Acts 1967 to 2005 do not apply to any lettings effected by the Authority or any road authority, in each case, in performing the functions conferred on it by this Act. ]

C5

Application of collectively cited Landlord and Tenant Acts restricted (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 211(5)(b), S.I. No. 449 of 2000.

Disposal of land by local authority.

211. ....

(5) (a) Where, as respects any land acquired for the purposes of or appropriated under this or any other Act or acquired otherwise by a local authority, the authority considers that it will not require the use of the land for any of its functions for a particular period, the authority may grant a lease of the land for that period or any lesser period and the lease shall be expressed as a lease granted for the purposes of this subsection.

(b) The Landlord and Tenant Acts, 1967 to 1994, shall not apply in relation to a lease granted under paragraph (a) for the purposes of this subsection.

C6

Application of collectively cited Landlord and Tenant Acts restricted (11.09.1998) by Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 56, S.I. No. 327 of 1998.

Exemption of company lettings from the Landlord and Tenant Acts.

56.—The provisions of the Landlord and Tenant Acts, 1967 to 1994, or of any Act amending or extending those Acts, shall not apply to lettings effected by the company.

C7

Application of collectively cited Landlord and Tenant Acts restricted (15.07.1991) by Temple Bar Area Renewal and Development Act 1991 (19/1991), s. 11(1), commenced on enactment.

Provisions relating to subletting, etc.

11.—(1) Notwithstanding any provision of the Landlord and Tenant Acts, 1967 to 1989, where a person (in this section referred to as the tenant) enters into a tenancy agreement with Temple Bar Properties Limited in respect of any premises in the Area then the tenant shall not assign, sublet or share possession of the said premises, or any part thereof, without the prior consent in writing of Temple Bar Properties Limited.

...

Editorial Notes:

E1

Proceedings under collectively cited Landlord and Tenants Acts in so far as they relate to residential property are eligible for civil legal aid as provided (16.12.1995) by Civil Legal Aid Act 1995 (32/1995), s. 28(9)(c)(i), commenced on enactment.

E2

Previous affecting provision: application of collectively cited Landlord and Tenant Acts restricted (5.07.2006) by National Sports Campus Development Authority Act 2006 (19/2006), s. 25, commenced on enactment; Act repealed (1.10.2015, establishment day) by Sport Ireland Act 2015 (15/2015), s. 5(2), commenced on enactment and by S.I. No. 415 of 2015.

E3

Previous affecting provision: rights under collectively cited Landlord and Tenant Acts not affected in certain circumstances (27.03.1996) by Domestic Violence Act 1996 (1/1996), s. 22, commenced as per s. 25(1); Act repealed (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 3(b), S.I. No. 532 of 2018.

E4

Previous affecting provision: rights under collectively cited Landlord and Tenant Acts not affected in certain circumstances (23.07.1981) by Family Law (Protection of Spouses and Children) Act 1981 (21/1981), s. 16, commenced as per s. 18; Act repealed (27.03.1996) by Domestic Violence Act 1996 (1/1996), s. 23(1), commenced as per s. 25(1).