114 / 244
GAZETTE
JULY-AUGUST 1979
Court for review of the rent every five years where the
terms of the new lease have been fixed by the Court
(Section 24).
(5) Where the Circuit Court fixes the term of a new
lease the term is to be 35 years unless the tenant opts for
a lesser period (Section 23 (2)).
(6) The definition of 'business' has been extended to
include activities of providing cultural, charitable,
educational, social or sporting services and also the public
service (Section 3 (1)).
(7) Where premises are held by one company and used
by a subsidiary company for trading the parent (or
holding) company is to be deemed to be entitled to
protection under the Bill. However, no protection is given
where the property is held by one company within a
group of companies and the trading is carried on by a
collateral company within the group. Protection
is
given
where the tenant is an individual and the premises are
occupied by a private company formed by die tenant for
the purpose of carrying on a business in the premises
(Section 5 ( 3 ) ).
(8) An 'unforeseen temporary break' in the use of the
tenement is to be disregarded where an application is
made for a new tenancy (Section 13 (2)), but there must
be doubts as to whether this can apply where there has
been a break in user, possibly on a sale of the premises
while the new purchaser gets ready to take up occupation.
(9) In order to remedy a lacuna in what was Part V of
the 1931 Act (the Part dealing with the relaxation of
covenants in leases) exposed by Mr. Justice Kenny in his
judgement in the case of Whelan and others v. Madigan
(High Court 18/7/78 - unreported), the definition of
'lease' in Part V of the Bill is extended to include tenancies
arising by operation of law or by reference on the
expiration of a lease. (Section 64).
(10) The grounds on which the Circuit Court may
extend the time for doing any act or thing provided for in
the Bill are now spelled out in some detail (Section 78).
(11) A tenant is now given the right to serve a Notice of
Intention to Claim Relief once he has qualified so to do
(Section 20 (2)) and it appears to be in the contemplation
of the draftsman that an application to the Circuit Court
might well be made and the terms of the new tenancy
determined before the expiry of the old tenancy. It is also
provided in this context that where there has been on
order for a new tenancy and the existing tenancy is
terminated for a reason arising after the grant of a new
tenancy which would have disqualified the tenant from
getting such a new tenancy then the new tenancy even
though ordered, will not come into effect (Section 26).
(12) The rights of any person claiming under the Bill
will extend or survive to their successors in title or
personal representatives (Section 72).
(13) Where premises provided by a Housing Authority
under the Housing Acts are let for die purpose of business
they are not to be excluded from the Bill (Section 6).
(14) The 1931 Act provided that a tenant would not be
entitled to a new tenancy if his tenancy was terminated by
ejectment for non-payment of rent. This has not been
extended to cover any form of ejectment based on non-
payment of rent even if framed as ejectment for
overholding or ejectment on the title (Section 17 (1)).
Correspondence
Office of the Revenue Commissioners,
Dublin Castle,
Dublin 2.
January 17, 1979
J. J. Ivers, Esq.,
Director General,
The Law Society,
Blackhall Place,
Dublin 7.
Dear Mr. Ivers,
I refer to my letter of the 13th September last in which
I expressed the hope that the arrear in cases lodged for
adjudication for the purposes of Stamp Duties would be
disposed of by the end of December. I am glad to say that
that objective was achieved. Every effort will be made to
ensure that delays will not recur and that if, owing to
unforseen circumstances, they do, the relapse will be of
minimal duration.
No doubt you will appreciate that, where cases are
referred to the Commissioner of Valuation, delay will
sometimes be unavoidable particularly where problems of
identification arise. Here again it is proposed with the co-
operation of the Commissioner, and consistent with his
statutory and other obligations, to keep the time lag at the
minimum level.
I might add that the submission of unrealistic
valuations in voluntary conveyances is often the reason
for delays in many cases.
Yours sincerely,
M. K. O'Connor (Commissioner).
Saint Luke's
Cancer Research
Fund
Gifts or legacies to assist this Fund are most
gratefully received
by the Secretary:
E S THER BYRNE,
" Oa k l a n d ",
Highfield Ro a d,
Ra t hg a r,
Dublin 6.
Telephone 9 7 6 4 9 1.
This Fund does not employ canvassers or
collectors and is not associated with any other
body in fund raising.
116