Landlord and Tenant (Amendment) Act 1980

Restrictions on right to compensation for improvements.

[New in pt. cf. 1931, s. 17]

54

54. (1) A tenant shall not be entitled to compensation for improvements in respect of an improvement made before the passing of the Act of 1931 in contravention of the lease or other contract of tenancy under which the tenement was held.

(2) A tenant shall not be entitled to compensation for improvements in respect of an improvement made after the passing of the Act of 1931 (whether before or after the commencement of this Act) unless a notice under section 12 (1) of the Act of 1931 or an improvement notice was served or, where no such notice was served, if the landlord, or where appropriate, a superior landlord, satisfies the Court that—

( a) he has been prejudiced by the notice not having been served, or

( b) the improvement is in contravention of any covenant contained in the contract of tenancy, or

( c) the improvement injures the amenity or convenience of the neighbourhood.

(3) A landlord shall not be entitled to compensation for improvements in respect of an improvement made after the passing of the Act of 1931 (whether before or after the commencement of this Act) in respect of which a notice under section 12 (1) of the Act of 1931 or an improvement notice was served unless the notice or a copy thereof was served under section 12 (3) of the Act of 1931 or under section 48 (4) of this Act or, where no such notice was served, if the superior landlord satisfies the Court that—

( a) he has been prejudiced by such service not having been effected, or

( b) the improvement is a contravention of any covenant in the contract of tenancy under which the landlord holds the tenement, or

( c) the improvement injures the amenity or convenience of the neighbourhood.

(4) Neither subsection (2) nor (3) applies to an improvement which is—

( a) a work in relation to which section 17 (5) of the Act of 1931 applied, or

( b) any other work executed in pursuance of an order of a sanitary authority under the Local Government (Sanitary Services) Acts, 1878 to 1964, or of a housing authority under the Housing Act, 1966,

but the tenant shall not be entitled to compensation in respect of such work unless—

(i) in the case of a work specified in paragraph ( a), the tenant served on the landlord a notice under section 13 (1) of the Act of 1931 and became entitled under that Act to execute the work as an improvement, or

(ii) in the case of a work specified in paragraph ( b), the tenant served on the landlord a work notice in respect of the work and became entitled under this Act to execute the work as an improvement:

Provided that the failure to serve notice shall not deprive the tenant of his right (if any) to compensation in respect of the work if the tenant satisfies the Court that the landlord did not suffer loss or damage by reason of the failure.

Annotations:

Modifications (not altering text):

C15

“Sanitary authority” construed (31.12.2007) by Water Services Act 2007 (30/2007), s. 39, S.I. No. 846 of 2007, and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7, S.I. No. 575 of 2013.

Transfer of functions from sanitary authorities.

39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.

...

Transfer of functions from water service authorities to Irish Water

7. (1) Subject to section 10, all functions conferred on water services authorities by the Act of 2007 (other than an excluded provision and section 22) shall, on the transfer day, stand transferred to Irish Water.

(2) References to a water services authority or relevant water services authority in—

(a) the Act of 2007 or in any instrument made under that Act, or

(b) any other enactment (other than the Act of 2013) or instrument under any other enactment, in so far as they relate to any function transferred by this Act, shall on and after the transfer day, be construed as references to Irish Water.

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.