Landlord and Tenant (Amendment) Act 1980

Application of Part II.

[New. cf. 1931, s. 19]

13

13. (1) This Part applies to a tenement at any time if—

( a) the tenement was, during the whole of the period of F4 [ five years ] ending at that time, continuously in the occupation of the person who was the tenant immediately before that time or of his predecessors in title and bona fide used wholly or partly for the purpose of carrying on a business, or

( b) the tenement was, during the whole of the period of twenty years ending at that time, continuously in the occupation of the person who was the tenant immediately before that time or of his predecessors in title, or

( c) improvements have been made on the tenement and the tenant would, if this Part did not apply to the tenement, be entitled to compensation for those improvements under Part IV and not less than one-half of the letting value of the tenement at that time is attributable to those improvements.

(2) For the purpose of subsection (1) ( a) a temporary break in the use of the tenement shall be disregarded if the Court considers it reasonable to disregard it.

F5 [ (3) ( a ) The occupation by a person or his predecessors in title under a lease or other contract of tenancy of a tenement in the Custom House Docks Area (within the meaning of section 41 of the Finance Act, 1986 ), being a tenement bona fide used on the commencement of occupation under the lease or contract of tenancy, and expressly authorised or required by that lease or contract to be used, wholly or partly for the purpose of carrying on an activity consisting of or including a relevant trading operation within the meaning of section 39B (inserted by section 30 of the Finance Act, 1987 , as amended by section 36 of the Finance Act, 1988 ) of the Finance Act, 1980 , or bona fide used for preparing for the carrying on of such an activity, shall not be regarded as occupation for the purposes of paragraph ( a ) or ( b ) of subsection (1).

( b ) Where this subsection applies by virtue of paragraph (a) in relation to occupation

(i) it also applies to occupation under the lease or contract concerned at any time when the tenement concerned is no longer used for the purpose of carrying on an activity aforesaid, and

(ii) it applies in relation to occupation of the whole or part of the tenement under any other lease or contract of tenancy that is in force during the whole or part of the currency of, and is made after the making of, the first-mentioned lease or contract of tenancy.

(4) Subsection (3) shall have effect only in relation to a lease or other contract of tenancy the term of which commences during the period of 5 years from the passing of the Landlord and Tenant (Amendment) Act, 1989, or such longer period as may stand specified for the time being in regulations made by the Minister at any time during the said period of 5 years or during a period standing so specified.

(5) A draft of every regulation proposed to be made under this section shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House. ]

Annotations:

Amendments:

F4

Substituted (10.08.1994) by Landlord and Tenant (Amendment) Act 1994 (20/1994), s. 3(1), commenced as per s. 1(3), subject to transitional provision in subs. (2).

F5

Inserted (1.03.1989) by Landlord and Tenant (Amendment) Act 1989 (2/1989), s. 1, commenced on enactment.

Modifications (not altering text):

C10

Certain tenancies qualifying under subs. (1)(a) excluded from application of Residential Tenancies Act 2004 (27/2004) (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 3(2)(a), S.I. No. 505 of 2004.

Application of Act.

3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).

(2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—

(a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13 (1)(a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it,

...

Editorial Notes:

E8

Occupation under s. 13(1)(b) to include occupation under Part 4 tenancy as provided (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 55(1), S.I. No. 505 of 2004.

E9

Power pursuant to subs. (4) exercised (24.02.1999) by Landlord and Tenant (Amendment) Act, 1980, (Section 13(4)) Regulations 1999 (S.I. No. 52 of 1999).

E10

Power pursuant to subs. (4) exercised (24.02.1994) by Landlord and Tenant (Amendment) Act, 1980, (Section 13(4)) Regulations 1994 (S.I. No. 36 of 1994).