Landlord and Tenant (Amendment) Act 1980

Interpretation.

[1931, s. 2; 1958, s. 2]

3

3. (1) In this Act, except where the context otherwise requires—

Act of 1931” means the Landlord and Tenant Act, 1931;

Act of 1958” means the Landlord and Tenant (Reversionary Leases) Act, 1958;

Act of 1967” means the Landlord and Tenant (Ground Rents) Act, 1967;

business” means any trade, profession or business, whether or not it is carried on for gain or reward, any activity for providing cultural, charitable, educational, social or sporting services, and also the public service and the carrying out by an authority being the council of a county, the corporation of a county or other borough, the council of an urban district, the commissioners of a town, a health board under the Health Act, 1970, or a harbour authority under the Harbours Act, 1946, of any of their functions;

controlled dwelling” means a controlled dwelling under the Rent Restrictions Act, 1960;

the Court” means the Circuit Court;

covenant” includes condition and agreement and any reservation, stipulation or other similar provision in a lease or tenancy;

development” and “ development plan” have the meanings assigned by the Local Government (Planning and Development) Act, 1963;

immediate lessor” means the person for the time being entitled to the next superior interest in premises held by any other person under a lease or other contract of tenancy or otherwise;

improvement certificate” has the meaning assigned by section 55 (1);

improvement consent” has the meaning assigned by section 48 (2) ( a);

improvement notice” has the meaning assigned by section 48 (1);

improvement objection” has the meaning assigned by section 48 (2) ( c);

improvement order” has the meaning assigned by section 52 (3);

improvement undertaking” has the meaning assigned by section 48 (2) ( b);

landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of premises by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of his tenancy;

lease” means an instrument in writing, whether under or not under seal, containing a contract of tenancy in respect of any land in consideration of a rent or return and includes a fee farm grant;

lessee” includes tenant and the personal representatives and successors in title of a lessee;

lessor” includes landlord and the personal representatives and successors in title of a lessor;

the Minister” means the Minister for Justice;

planning authority” has the meaning assigned by the Local Government (Planning and Development) Act, 1963;

planning permission” means a permission for the development of land if required by and granted under Part IV of the Local Government (Planning and Development) Act, 1963, and, where regulations under section 25 of that Act make provision for outline applications, includes a permission granted on such an application;

predecessors in title”—

( a) when used in relation to a tenant, means all previous tenants under the same tenancy as the tenant or any tenancy of which that tenancy is or is deemed to be a continuation or renewal, and

( b) when used in relation to a landlord, means all previous landlords;

prescribed” means prescribed by regulations made by the Minister under this Act;

Rent Restrictions Acts”, when used without reference to particular years, includes, where the context so admits, a reference to the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923, to the Rent Restrictions Act, 1946, and to the Rent Restrictions Acts, 1960 and 1967;

reversionary lease” has the meaning assigned by section 30;

state authority” means any authority being a Minister of the Government, the Commissioners of Public Works in Ireland or the Irish Land Commission;

statutory tenancy” means a statutory tenancy under the Rent Restrictions Act, 1946, or the Rent Restrictions Act, 1960;

tenant” means the person for the time being entitled to the occupation of premises and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his tenancy;

tenement” has the meaning assigned by section 5;

work notice” has the meaning assigned by section 49 (1);

work undertaking” has the meaning assigned by section 49 (2).

(2) A reference in this Act to a Part or section is to a Part or section of this Act unless it is indicated that reference to some other enactment is intended.

(3) A reference in this Act to a subsection, paragraph or other division is to the subsection, paragraph or other division of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment.