LANDLORD AND TENANT (AMENDMENT) ACT, 1971

AN ACT TO AMEND THE LAW RELATING TO REVERSIONARY LEASES AND, IN PARTICULAR, TO EXTEND, WITH EFFECT IN CERTAIN CIRCUMSTANCES FROM THE 3rd DAY OF MARCH, 1970, RIGHTS UNDER THAT LAW TO A CLUB OR ORGANISATION USING LAND FOR OUTDOOR RECREATIONAL PURPOSES, TO AMEND IN OTHER RESPECTS THE LAW OF LANDLORD AND TENANT AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [7th December, 1971]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Definitions.

1.—In this Act—

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

“the Court” means the Circuit Court;

“sporting lease” has the meaning assigned to it in section 2;

“sports club” has the meaning assigned to it in section 2 and shall, where the context so admits, be construed as including predecessors in title of the sports club.

2 Sporting leases.

2.—(1) A club or organisation (in this Act referred to as a sports club) carrying on some outdoor sport, game or recreation (in this section referred to as the sport) and holding land in accordance with the conditions specified in this section shall, subject to the provisions of this Act, be entitled to obtain a lease (in this Act referred to as a sporting lease) of the land.

• (2) The following are the conditions to be complied with:

• (a) that—

• (i) the land is held for the purpose of carrying on the sport under a lease for a term of not less than twenty-one years,

• (ii) the land has been continuously occupied by the sports club for that purpose for the period of not less than twenty-one years immediately preceding the date of the application for a sporting lease, or

• (iii) the land has been continuously in the possession of the sports club for that purpose for the period of not less than twenty-one years immediately preceding the date of the application for a sporting lease,

• (b) that the sports club has spent money—

• (i) on erecting permanent buildings or structures on the land which are used in connection with the land for that purpose,

• (ii) on reconstructing, altering, renovating or adapting any permanent buildings or structures on the land which are so used so as to render them more suitable for that purpose, or

• (iii) on developing, improving or adapting the land so as to render it more suitable for that purpose, and

• (c) that the total amount so spent was not less than the greater of the following, namely, one thousand pounds or fifteen times the average yearly amount of any rent or other sum paid or payable in respect of the land in the five years immediately preceding the date of the application for a sporting lease, disregarding any penal rent or other sum payable for any breach of a covenant, condition or agreement and any exceptional rent or sum in respect of a specified period not exceeding five years.

• (3) Where—

• (a) land (in this section referred to as the qualifying land) is held by a sports club either for a freehold estate or in accordance with subsection (2) (a) and is so held, in compliance with the conditions specified in subsection (2) (b) and (2) (c), in conjunction with other land primarily used for the same purpose,

• (b) that other land does not comply with those conditions, and

• (c) that other land—

• (i) is held under a lease for a term of not less than twelve years,

• (ii) has been continuously occupied by the sports club for a period of not less than twelve years, or

• (iii) has been continuously in the possession of the sports club for a period of not less than twelve years,

the sports club shall be entitled to obtain a sporting lease of that other land if the area of the other land is not more than one-fourth of the total area of the qualifying land and the other land.

• (4) If the qualifying land ceases to be primarily used for the purpose of carrying on the sport, the lessor of the sporting lease granted under subsection (3) shall be entitled to terminate the lease on giving three months' notice to the lessee.

• (5) Any money spent—

• (a) on the maintenance of buildings, structures or land, or

• (b) on the erection, reconstruction, alteration, renovation or adaptation of buildings or structures, or the development, improvement or adaptation of land, in contravention of any covenant, condition or agreement,

shall be disregarded for the purposes of subsection (2).

• (6) Where land which complies with the conditions specified in subsection (2) is used both for the purpose of carrying on the sport and for some other purpose, the sports club shall not be entitled to obtain a lease of that land under this section unless the Court is satisfied that the land is primarily used for the purposes of the sport.

• (7) Where, on the 3rd day of March, 1970, a sports club held land in accordance with conditions which would, subject to the provisions of this Act, have entitled it to obtain a sporting lease if this Act had then been in force, the provisions of this Act shall extend to the club, with necessary modifications, notwithstanding that its interest, occupation or possession ceased before the passing of this Act, and in particular—

• (a) any reference to an immediate lessor or a superior lessor or to a landlord or other person shall be construed as including reference to the immediate lessor, superior lessor, landlord or other person as on the 3rd day of March, 1970, and his successors in title,

• (b) the conditions specified in subparagraphs (ii) and (iii) of subsection (2) (a) shall be construed as if the references therein to the date of the application for a sporting lease were references to the 3rd day of March, 1970, and

• (c) the time for applying for a sporting lease shall be not later than three months after the passing of this Act.

3 Application to obtain sporting lease.

3.—(1) A sports club may apply to its immediate lessor to obtain a sporting lease of the land—

• (a) not earlier than fifteen years before the expiration of the lease, and

• (b) not later than the expiration of the lease or the expiration of three months from the service on the club by its immediate lessor or any superior lessor of notice of the expiration of the lease, whichever is the later.

• (2) The notice shall be valid only if served not earlier than three months before the expiration of the lease.

• (3) Where an application is made for a sporting lease before the expiration of the lease under which the applicant holds, the sporting lease, where granted, shall commence on the expiration of the previous lease or on such other date as may be agreed upon between the parties.

• (4) Where an application is made for a sporting lease after the expiration of the previous lease, the sporting lease, where granted, shall commence on such date as may be agreed upon between the parties or, in default of agreement, on the date of the application.

• (5) A sports club which holds land otherwise than under a lease and which is entitled to obtain a sporting lease may apply at any time to the landlord or other person from whom it holds the land for a sporting lease of the land and the sporting lease, where granted, shall commence on such date as may be agreed between the parties or, in default of agreement, on the date of the application.

4 Restrictions on right to sporting lease.

4.—(1) A sports club shall not be entitled to a sporting lease under this Act of the land or any part of the land in respect of which that lease is sought where the immediate lessor, any superior lessor, the landlord or other person who is a necessary party to the granting of the lease satisfies the Court—

• (a) that he holds the land for a freehold estate or has an interest in reversion of not less than fifteen years, and

• (b) (i) that he requires vacant possession of the land for the purpose of carrying out a scheme of development of property which includes the land and that he has obtained planning permission under Part IV of the Local Government (Planning and Development) Act, 1963, for that scheme of development, and

• (ii) that it is reasonable that a sporting lease should be refused.

• (2) Subsection (1) is, in relation to a sporting lease, in substitution for section 15 (1) of the Act of 1958.

• (3) Section 16 of the Act of 1958 (which provides for compensation for disturbance) shall apply to a case in which a sports club would, but for the provisions of subsection (1), be entitled to a sporting lease.

5 Covenants under sporting lease.

5.—(1) A sporting lease shall contain such covenants and conditions as may be agreed upon between the parties or, in default of agreement, as may be determined by the Court.

• (2) If the Court fixes the covenants and conditions of the sporting lease, the lessee shall be made liable to pay all rates for the land and to insure against fire and keep the premises in repair.

• (3) Where a sports club is entitled to a sporting lease under this Act and the terms of that lease are fixed by the Court, the sporting lease shall contain the following conditions:

• (a) that the amount of the rent shall, on the application of the lessor to the Court, be subject to a review at any time after the expiration of twenty-four years of the term granted by the sporting lease and to a further review at any time after the expiration of twenty-five years from the first or any subsequent review, and

• (b) that, if the property demised by the sporting lease is not used for or in connection with some outdoor sport, game or recreation, the lessor shall be entitled to terminate the lease on giving three months' notice to the lessee.

6 Rent under sporting lease.

6.—(1) Where the rent under a sporting lease is to be determined by the Court, the Court shall fix a fair rent for the grant of a lease of the property for the purpose of carrying on the sport.

• (2) In fixing the rent the Court shall have regard to the general intention of this Act in relation to sports clubs which is the advancement of outdoor sports, games and recreations and the preservation of open spaces for the common good and, without prejudice to such other considerations as it considers relevant, may take into account the rent or other sum previously paid for the property by the sports club and any covenants and conditions under which it was so paid, to the rent paid by other sports clubs of the same kind in the same or a comparable locality, to the contribution made by the sports club to the enhancement of the property, and to the price paid by any person who is a necessary party to the granting of the lease in the acquisition of his estate or interest.

7 Application of Act of 1958.

7.—Subject to this Act, the provisions of the Act of 1958 shall, with necessary modifications, have effect for the purposes of the preceding provisions of this Act as if in the Act of 1958 “reversionary lease” included a sporting lease and “lease” included any tenancy or other right of user, and cognate words and expressions shall be construed accordingly.

8 Leases deemed to be building leases.

8.—(1) Where a lease was granted in renewal of a lease which expired or was surrendered before the 31st day of March, 1931, and which, if the Act of 1958 were then in force, would have been a building lease or a proprietary lease within the meaning of that Act, and that renewed lease or new lease, as the case may be, was granted—

• (a) to the person entitled to the lessee's interest under the expired or surrendered lease, or

• (b) at a rent less than the rateable valuation of the property at the date of the granting of the renewed or new lease,

such renewed or new lease shall be deemed to be a building lease within the meaning of the Act of 1958.

• (2) Section 10 of the Act of 1958 is hereby repealed.

9 Rights of lessees under certain expired leases.

9.—Where—

• (a) a lease expired within eight years before the passing of this Act, and

• (b) the lessee is, at such passing, in possession of the land comprised in the expired lease under a yearly tenancy arising by implication from the acts of the parties, or under a statutory tenancy under the Rent Restrictions Acts, 1960 and 1967, or as a tenant at will or otherwise, without having obtained a new tenancy from the lessor or without having acquired the lessor's interest in the land, and

• (c) no person was, immediately before such passing, entitled to be granted a reversionary lease under the Act of 1958,

the lessee shall, during the twelve months immediately after the passing of this Act, have the same rights in relation to obtaining a reversionary lease as he would have had within fifteen years before the expiration of the expired lease if this Act had then been in force.

10 Amendment of section 4 of Rent Restrictions (Amendment) Act, 1967.

10.—(1) Section 4 (3) of the Rent Restrictions (Amendment) Act, 1967, which provides a time-limit for applications under section 8 of the Rent Restrictions Act, 1960, shall, in so far as it affects applications under subsection (1A) (inserted by section 4 (1) of the Rent Restrictions (Amendment) Act, 1967) of the said section 8, have effect as if for “two years from the passing of this Act” there were substituted “one year from the passing of the Landlord and Tenant (Amendment) Act, 1971”.

• (2) A rent determined under section 8 (1A) of the Rent Restrictions Act, 1960, shall be payable with effect from the date of the determination.

11 Amendment of section 10 of Rent Restrictions (Amendment) Act, 1967.

11.—(1) Section 10 of the Rent Restrictions (Amendment) Act, 1967 (which imposes a restriction on the assignment of controlled dwellings) shall be deemed never to have applied to a house which is occupied for the purposes of his own residence by a person who holds it under a lease the term of which is more than twenty-one years.

• (2) Section 10 (1) of that Act is accordingly amended, with effect from the passing of that Act, by the insertion after “profession” of “or a house which is occupied for the purposes of his own residence by a person who holds it under a lease the term of which is more than twenty-one years”.

12 Short title, construction and collective citation.

12.—(1) This Act may be cited as the Landlord and Tenant (Amendment) Act, 1971.

• (2) The Landlord and Tenant Acts, 1931 to 1967, and this Act shall be construed together as one Act and may be cited together as the Landlord and Tenant Acts, 1931 to 1971.