The Gazette 1993

GAZETTE

JAN/FEB 1993 '

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a notice by a landlord or a tenant to the other of termination of the tenancy of a house is to be served more than four weeks before the date on which it is to take effect." The effect of it is to make 4 weeks notice mandatory unless a greater period is provided for in the contract or by "Rule of Law", the most obvious example of this category being the 6 month period required for yearly tenancies. "Ho u s e" is defined in the Act as including "any building or part of a building used or suitable for use as a dwelling and out office, yard, garden or other land appurtenant thereto or usually enjoyed therewith". It should be noted that the provision applies to a tenant giving notice of termination as well as to a landlord giving such notice. Conveyancing Committee When preparing the 1988 Edition of the Contract for Sale, the Conveyancing Committee decided to change clause 36 by providing that where planning permission had been granted since 1 January, 1970 a certificate of compliance with planning permission was to be handed over on closing. When drafting this clause it had been intended to apply only to private residential property. In all other transactions special conditions should have been inserted in the contract but in practice this was rarely done. Private Residential Property and Clause 36 of The Contract for Sale

that it would be preferable for the general conditions to provide that 1 October, 1964 would be the operative date in relation to all planning matters. When the 1991 Edition of the standard Contract for Sale was produced a practice note was issued (June, 1991 Gazette) which recommended that special conditions should be utilised to implement the recommendations of the Conveyancing Committee or of other Law Society Committees. The recommendation of the Conveyancing Committee is that where private residential property is a subject matter of a contract for sale it is reasonable for a vendor's solicitor to insert a special condition in the contract providing that no certificate of compliance with planning permission will be handed over in respect of the erection of, or alteration to, a private residential property where the work was completed prior to 31 December, 1975 (the appropriate planning permission must still be furnished).

Notices to Quit

There has never been a statutory period of time for a notice to quit tenancy of urban lands in Ireland. The Landlord and Tenant Act, 1870 and The Notice to Quit Act, 1876 only applied to agricultural property. This has now been amended by Section 10 of the Housing (Miscellaneous Provisions) Act, 1992 Section 16 which reads:- "(l)Subject to sub-section (2) and (3), a notice by a landlord or a tenant to the other of termination of the tenancy of a house let for rent or other valuable consideration shall not be valid unless it is in writing and is served not less than 4 weeks before the date on which it is to take effect. (a) to the tenancy of a house let to a person in connection with his continuance in any office, appointment or employment. (b) to the tenancy of a house let bona fide for the temporary convenience of or to meet a temporary necessity of the landlord of the tenant, (c) to a tenancy conferring on the tenant the right to occupy a house for a holiday, or (d) to such other class or classes of tenancies as may be prescribed for the purposes of this section by the Minister. (2) This section shall not apply —

Conveyancing

Committee

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(3) Nothing in this section shall prejudice any provision of a

When re-examining the contract the Conveyancing Committee decided

contract or rule of law whereby

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