Previous Page  39 / 462 Next Page
Information
Show Menu
Previous Page 39 / 462 Next Page
Page Background

GAZETTE

N

JAN/FEB 1993 '

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.

(2) This section shall not apply —

(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.

(3) Nothing in this section shall

prejudice any provision of a

contract or rule of law whereby

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

Private Residential Property

and Clause 36 of The

Contract for Sale

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.

When re-examining the contract the

Conveyancing Committee decided

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).

Conveyancing

Committee

Irish Document Exchange

37 Fenian Street, Dublin 2.

Phone: 01-764601.

Fax: 01-767093. DX 1 DUBLIN.

OVERNIGHT, EVERY

NIGHT, EVERYWHERE

Now a network of

36 interlinked

exchanges throughout

the country.

17