Town Tenants Act 1931

PART I. Preliminary and general.

1 Short title.

1.—This Act may be cited as the Landlord and Tenant Act, 1931.

2 Definitions.

2.—In this Act—

the word “tenement” means land or premises complying with all the following conditions, that is to say:—

(a) it either—

(i) is situate in an urban area and consists either of land covered wholly or partly by buildings or of a defined portion of a building, or

(ii) is situate elsewhere than in an urban area and consists of land not exceeding one statute acre in area and having a house thereon, and

(b) if it consists of land covered in part only by buildings, the portion of such land not so covered is subsidiary and ancillary to such buildings, and

(c) it is held by the occupier thereof under a lease or other contract of tenancy express or implied or arising by virtue of a statute, and

(d) such contract of tenancy is not a letting which is made and expressed to be made for the temporary convenience of the lessor or of the lessee and (if made after the passing of this Act) stating the nature of such temporary convenience, and

(e) such contract of tenancy is not a letting made for or dependent on the continuance of the tenant in any office, employment, or appointment;

the expression “urban area” means an area which is either a county or other borough, an urban district, a town, or a village;

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

the word “landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a tenement 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;

the expression “superior landlord” means a person entitled in possession to a tenement by a tenure superior, whether mediately or immediately, to the tenure of the landlord of such tenement;

the expression “predecessors in title” when used in relation to a tenant means and includes all previous tenants of the tenement of such tenant under the same tenancy as such tenant or any tenancy of which such tenancy is or is deemed to be a continuation or renewal, and the said expression when used in relation to a landlord means and includes all previous landlords of the tenement of such landlord;

the word “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 shall include a fee farm grant;

the word “lessee” shall, where the context so admits, be construed as including the executors, administrators, and assigns of the lessee;

the word “lessor” shall, where the context so admits, be construed as including the heirs, executors, administrators, and assigns of the lessor;

the word “improvement” when used in relation to a tenement means any addition or alteration to the buildings comprised in such tenement and includes any structure erected on such tenement which is ancillary or subsidiary to the said buildings and also includes the installation in the tenement of conduits for the supply of water, gas, or electricity, but does not include work consisting only of repairing, painting, and decorating, or any of them;

the word “business” means any trade, profession, or business carried on for gain or reward;

the expression “compensation under this Act” shall be construed as equivalent to the expression “compensation for improvements and compensation for disturbance or either of them”;

the expression “relief under this Act” shall be construed as equivalent to the expression “compensation for improvements or a new tenancy under Part III of this Act”;

the word “prescribed” means prescribed by regulations made by the Minister for Justice under this Act;

except in Part V of this Act, the expression “building lease” means a lease made partly in consideration of the lessee having erected or agreed to erect permanent buildings, whether new or additional, on the demised premises.

3 Exclusion of certain lands and premises held by local authorities.

3.—Where the buildings on any land or premises were or are provided by a local authority under the Housing of the Working-Classes (Ireland) Acts, 1890 to 1921, or the Labourers (Ireland) Acts, 1883 to 1930, the following provisions shall have effect, that is to say:—

(a) if such land or premises is or are held by such local authority in fee simple, this Act shall not apply in respect of such land or premises;

(b) if such land or premises is or are held by such local authority under a lease, such local authority shall be deemed for the purposes of this Act to be the tenant of such land or premises and to be in exclusive occupation thereof.

4 Construction of references to reversions.

4.—(1) References in this Act to the reversion of a landlord as a period of time shall be construed as referring to the length of time by which the unexpired term for which such landlord holds the relevant tenement exceeds the term for which the tenant holds such tenement.

(2) References in this Act to the reversion of a superior landlord as a period of time shall be construed as referring to the length of time by which the unexpired term for which such superior landlord holds the relevant tenement exceeds the term for which his immediate lessee holds such tenement.

5 The Court for the purposes of this Act.

5.—(1) In this Act the expression “the Court” means the Circuit Court.

(2) The jurisdiction conferred by this Act on the Circuit Court shall be exercised by the Judge of that Court for the time being assigned to the Circuit in which is situate the tenement or other land in relation to which such jurisdiction is exercised.

(3) The Minister may, after consultation with the committee mentioned in section 65 of the Courts of Justice Act, 1924 (No. 10 of 1924), make rules of court for the purposes of this Act and, in particular, for regulating the practice and procedure under this Act.

(4) Every rule of court made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within the next twenty-one days on which such House has sat after such rule is laid before it, pass a resolution annulling such rule, such rule shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) Unless and until otherwise provided by rules of court, all applications under this Act to the Court shall be made by originating or interlocutory (as the case may require) notice of motion.

(6) Section 61 (which relates to appeals from the Circuit Court in civil cases) of the Courts of Justice Act, 1924 (No. 10 of 1924), shall apply to every order made by the Court under this Act and accordingly an appeal shall lie under and in accordance with that section from every such order, and a court hearing any such appeal shall have all the powers conferred by this Act on the Court.

6 Tenancies under the Increase of Rent and Mortgage Interest (Restrictions) Acts.

6.—Where a person retains possession of a tenement by virtue of the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, the tenancy arising by virtue of those Acts on such retention shall, for the purposes of this Act (whether such retention began before or after the passing of this Act), be deemed to be a continuation of the tenancy on the termination of which such retention began.

7 Regulations.

7.—The Minister for Justice after consultation with the President of the Incorporated Law Society of Ireland may by order make regulations prescribing any form, matter, or thing which is in this Act referred to as prescribed or to be prescribed.

8 Expenses.

8.—All expenses incurred by the Minister for Finance, the Minister for Justice, or the Commissioner of Valuation and Boundary Surveyor in the execution of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

9 Repeal.

9.—The Town Tenants (Ireland) Act, 1906, is hereby repealed.

PART II. Compensation for Improvements.

10 Compensation for improvements.

10.—(1) Subject to the provisions of this Act, a tenant of a tenement shall be entitled, on quitting such tenement on the expiration (otherwise than by surrender or ejectment for nonpayment of rent) of his tenancy therein, to be paid by the landlord of such tenement compensation (in this Act referred to as compensation for improvements) in accordance with this Act for every improvement made on such tenement by such tenant or any of his predecessors in title (whether before or after the passing of this Act) which, at the termination of such tenancy, adds to the letting value and is suitable to the character of such tenement.

(2) Subject to the provisions of this Act, a landlord of a tenement who holds such tenement under a lease or other contract of tenancy shall be entitled, on giving up possession of such tenement on the expiration of his lease or tenancy therein, to be paid by his immediate superior landlord compensation (in this Act included in the expression compensation for improvements) for every improvement which was made (whether before or after the passing of this Act) on such tenement by a tenant thereof and in respect of which such landlord or any of his predecessors in title has given consideration either by reduction of rent, or by payment of compensation under the Town Tenants (Ireland) Act, 1906, or by payment of compensation for improvements under this Act, or in any other way.

11 Measure of compensation for improvements.

11.—(1) The amount of compensation for improvements in any particular case shall be such sum as may be agreed on between the landlord and the tenant and in default of such agreement shall (subject to the provisions of this section) be the capitalised value of such addition to the letting value of the tenement at the termination of the tenancy as the Court shall determine to be attributable to the improvement which is the subject of such compensation.

(2) Where the compensation for an improvement is payable to a tenant by his landlord and the Court is satisfied that such tenant and (where applicable) his predecessors in title or any of them has or have received from the landlord benefits by way of reduction of rent or otherwise in consideration, expressly or impliedly, of such improvement being or having been made, the Court shall deduct from the compensation for such improvement as ascertained under the foregoing sub-section of this section such sum as the Court shall think proper in respect of such benefits.

(3) Where the compensation for an improvement is payable to a landlord by his superior landlord, the Court shall make such deduction (if any) from such compensation as ascertained under the first sub-section of this section as the Court shall think proper in respect of benefits received by such landlord and (where applicable) his predecessors, in title or any of them by way of increased rent or otherwise on account of such improvement.

(4) The capitalised value for the purposes of this section of an addition to the letting value of a tenement shall be fixed by the Court having regard to the probable duration of such addition, the probable life of the improvement, and all other relevant circumstances, but shall not in any case exceed fifteen times the annual amount of such addition.

12 Notices in relation to the making of an improvement.

12.—(1) Where the tenant of a tenement proposes to make an improvement to such tenement he may serve on his landlord a notice (in this Act referred to as an improvement notice) in the prescribed form and consisting of the following documents, that is to say:—

(a) a statement in the prescribed form of the intention to make such improvement, and

(b) plans and a specification of such improvement, and

(c) an estimate, verified by an architect, surveyor or building contractor, of the cost of making such improvement.

(2) Where an improvement notice is served on the landlord of a tenement, such landlord may, within two months after such service, serve on the tenant of such tenement any one but not more than one of the following notices, that is to say:—

(a) a notice (in this Act referred to as an improvement consent) in the prescribed form consenting to the making of such improvement; or

(b) a notice (in this Act referred to as an improvement undertaking) in the prescribed form undertaking to execute such improvement in consideration of either (as such landlord shall state in such notice) a specified increase of rent or an increase of rent to be fixed by the Court; or

(c) a notice (in this Act referred to as an improvement objection) in the prescribed form objecting to such improvement on grounds specified in such notice.

(3) Where a landlord on whom an improvement notice has been served holds the tenement in relation to which such notice was served either under a lease for a life or lives in being (either without a term of years or with a concurrent term of which less than twenty-five years are unexpired) or under a lease for a term of which less than twenty-five years are unexpired at the date of the service of such notice or under a tenancy from year to year or any lesser tenancy, such landlord shall, within one month after the service of such improvement notice on him, serve such improvement notice or a copy thereof on his immediate superior landlord, and such immediate superior landlord may, within two months after the date of the service of such improvement notice by the tenant on the landlord, serve on the landlord and on the tenant either an improvement consent or an improvement objection.

(4) Every superior landlord on whom an improvement notice or a copy thereof is served under this section (including this sub-section) and who holds the tenement to which such notice relates under a lease of which less than twenty-five years are unexpired at the date of such service or under a tenancy from year to year or any lesser tenancy, shall within one week after such service serve such improvement notice (or such copy thereof) or a copy thereof on his next superior landlord, and such next superior landlord shall have the like right of serving an improvement consent or an improvement objection as such first-mentioned superior landlord has under this section (including this sub-section).

(5) Every improvement notice or copy of an improvement notice which is served under this section on a superior landlord shall have endorsed thereon a statement of the date on which such improvement notice was served on the landlord of the tenement to which such notice relates.

13 Works required by a sanitary authority.

13.—(1) Where a sanitary authority serves under the Public Health Acts, 1878 to 1931, or the Housing of the Working Classes (Ireland) Acts, 1890 to 1921, a notice on the tenant of a tenement requiring the execution by such tenant of any work which is an improvement within the meaning of this Act, such tenant shall, within three days after the service of such notice on him, serve on the landlord of such tenement a notice in writing (in this Act referred to as a sanitary work notice) stating the fact of the service of such notice by such sanitary authority and stating the material portions of such notice.

(2) Where a sanitary work notice is served on the landlord of a tenement such landlord may, within three days after such service, serve on the tenant of such tenement a notice (in this Act referred to as a sanitary work undertaking) in the prescribed form undertaking to execute such work in consideration of either (as such landlord shall state in such notice) a specified increase of rent or an increase of rent to be fixed by the Court.

(3) Whenever the landlord of a tenement has served under and in accordance with this section a sanitary work undertaking on the tenant of such tenement the following provisions shall have effect, that is to say:—

(a) the service of such undertaking shall have the same effect as the service on such tenant of an improvement undertaking, and the provisions of this Act in relation to an improvement undertaking shall apply accordingly; and

(b) such tenant may serve on the sanitary authority a copy of such sanitary work undertaking and thereupon the obligation to comply with the notice served by the sanitary authority and the liability for failure to comply with such notice shall be transferred to and become and be the obligation and liability of such landlord in exoneration of such tenant.

(4) Where a tenant has served a sanitary work notice on his landlord and such landlord has not, within three days after such service, served on such tenant a sanitary work undertaking in respect of such sanitary work notice, such tenant shall be entitled to execute as an improvement the work mentioned in the notice the service of which by the sanitary authority occasioned the service of such sanitary work notice.

14 Execution of improvement in absence of objection.

14.—(1) Where a tenant has served an improvement notice on his landlord and such landlord has not, within two months after such service, served on such tenant an improvement undertaking in respect of such improvement notice and neither such landlord nor any superior landlord has, within such two months, served on such tenant an improvement objection in respect of such improvement notice, the tenant shall be entitled to execute at any time within one year after such service (whether an improvement consent has or has not been served by such landlord or superior landlord) the improvement specified in such improvement notice in accordance in all respects with such notice.

(2) References in this Act to a tenant being entitled on consent to execute an improvement shall be construed as referring to such tenant being entitled under this section to execute such improvement.

15 Rights of parties on service of improvement undertaking.

15.—Where a tenant has served an improvement notice on his landlord and such landlord has, within two months after such service, served on such tenant an improvement undertaking in respect of such improvement notice and no superior landlord has within such two months, served on such tenant an improvement objection in respect of such improvement notice, the following provisions shall have effect, that is to say:—

(a) such tenant may, by notice in writing served on such landlord within fourteen days after the service of such improvement undertaking, either accept such improvement undertaking, or withdraw the improvement notice served by him, or, where such improvement undertaking specifies an increase of rent, object to the amount of such increase;