Landlord and Tenant (Amendment) Act 1980

Restrictions on right to new tenancy.

[New in pt. cf. 1931, ss. 21, 22 in pt.; 1963, s. 79 (2)]

17

17. (1) ( a) A tenant shall not be entitled to a new tenancy under this Part if—

(i) the tenancy has been terminated because of non-payment of rent, whether the proceedings were framed as an ejectment for non-payment of rent, an ejectment for overholding or an ejectment on the title based on a forfeiture, or

(ii) the tenancy has been terminated by ejectment, notice to quit or otherwise on account of a breach by the tenant of a covenant of the tenancy, or

(iii) the tenant has terminated the tenancy by notice of surrender or otherwise, or

F6 [ (iii a ) if section 13(1)( a ) (as amended by section 3 of the Landlord and Tenant (Amendment) Act 1994 ) applies to the tenement, the tenant has renounced in writing, whether for or without valuable consideration, his or her entitlement to a new tenancy in the tenement and has received independent legal advice in relation to the renunciation, or ]

F7 [ (iii b ) if section 13(1)( b ) applies to the tenement (and the tenement is a dwelling to which the Residential Tenancies Act 2004 applies), the tenant had completed and signed, whether for or without valuable consideration, a renunciation of his or her entitlement to a new tenancy in the tenement and had received independent legal advice in relation to such renunciation, or ]

(iv) the tenancy has been terminated by notice to quit given by the landlord for good and sufficient reason, or

(v) the tenancy terminated otherwise than by notice to quit and the landlord either refused for good and sufficient reason to renew it or would, if he had been asked to renew it, have had good and sufficient reason for refusing.

( b) In this subsection “ good and sufficient reason” means a reason which emanates from or is the result of or is traceable to some action or conduct of the tenant and which, having regard to all the circumstances of the case, is in the opinion of the Court a good and sufficient reason for terminating or refusing to renew (as the case may be) the tenancy.

(2) ( a) A tenant shall not be entitled to a new tenancy under this Part where it appears to the Court that—

(i) the landlord intends or has agreed to pull down and rebuild or to reconstruct the buildings or any part of the buildings included in the tenement and has planning permission for the work, or

(ii) the landlord requires vacant possession for the purpose of carrying out a scheme of development of property which includes the tenement and has planning permission for the scheme, or

(iii) the landlord being a planning authority, the tenement or any part thereof is situate in an area in respect of which the development plan indicates objectives for its development or renewal as being an obsolete area, or

(iv) the landlord, being a local authority for the purposes of the Local Government Act, 1941, will require possession, within a period of five years after the termination of the existing tenancy, for any purpose for which the local authority are entitled to acquire property compulsorily, or

(v) for any reason the creation of a new tenancy would not be consistent with good estate F8 [ management, or ]

F9 [ (vi) the landlord (being the National Asset Management Agency) will require possession, within 5 years after the termination of the existing tenancy, for any purpose for which that Agency is entitled to acquire (by purchase or otherwise) property under the National Asset Management Agency Act 2009. ]

( b) In the case of certain dwellings and business premises to which this subsection applies the tenant is entitled to compensation for disturbance under Part IV.

(3) Where the Court is satisfied—

( a) that a tenant would but for subparagraph (i), (ii), (iii) or (iv) of subsection (2) ( a) be entitled to a new tenancy, and

( b) that the landlord will not require possession for the purposes mentioned in the relevant subparagraph until after the expiration of a period of at least six months,

the Court may, if the tenant so requests, continue the existing tenancy until terminated by the landlord for those purposes by the service of six months' previous notice in writing, but subject to the condition that the continuation of the tenancy shall be without prejudice to the right of the tenant to relief under this Act on the termination of the continued tenancy.

(4) Where, in a case in which an application for a new tenancy has been refused on a ground mentioned in subparagraph (i) or (ii) of subsection (2) ( a), it appears to the Court that the landlord has not, within a reasonable time, carried out the intention, agreement or purpose, as the case may be, on account of which such application was refused, the Court may order the landlord to pay to the tenant such sum as it considers proper by way of punitive damages.

Annotations:

Amendments:

F6

Substituted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 47, S.I. No. 274 of 2008.

F7

Inserted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 191(2), S.I. No. 505 of 2004.

F8

Substituted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 236 and sch. 3 part 6 item 1, S.I. No. 545 of 2009.

F9

Inserted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 236 and sch. 3 part 6 item 2, S.I. No. 545 of 2009.

Modifications (not altering text):

C12

Certain terminations excluded for purposes of subs. (1)(a) (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 55(2), S.I. No. 505 of 2004, as substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. no. 10, S.I. No. 7 of 2017.

Protection under this Part and long occupation equity.

55.— ...

[(2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17(1)(a) of the Landlord and Tenant (Amendment) Act 1980. ]

Editorial Notes:

E11

Previous affecting provision: subs. (1)(a)(iiia) inserted (10.08.1994) by Landlord and Tenant (Amendment) Act 1994 (20/1994), s. 4, commenced as per s. 1(3); substituted as per F-note above.