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Food and Agricultural Legislation:
Vols.,
12
(1964)
and 13
(1965).
International Law List:
1966.
Irish Institute of Chartered Accountants:
List of Mem
bers, 1964.
Ireland:
Symposium on
Road
Safety, 1964.
Ireland:
Statutory Instruments, 2 bound Vols. 1961.
Jenks
(E.): The New Jurisprucence, 1933.
London University Calendar:
1965-66.
Manchester Unviersity Calendar:
1965-66.
Martindale-Hubbell:
Law Directory, 4 Vols. 1965.
National University of Ireland Calendar:
1965-66.
Newman
(E. S.):
The Hat Reater,
1964.
New South Wales Law Almanack:
1965.
Queens University, Belfact:
Calendar 1965-66.
Reed
(E.): Readings for Democrats, 1960.
Sheffield University:
Calendar 1965-66.
University of Wales:
Calendar 1965-66.
University College, Dublin:
Calendar 1965-66.
Graham-Green:
Criminal Costs, including Legal Aid.
INTERIM REPORT OF WORKING PARTY
ON LANDLORD AND TENANT LAW
We have considered the provisions of the Land
lord and Tenant Bill 1965 which is based on
the provisions of the Ground Rents Commission
of 1964 and we make the following preliminary
recommendations:—
1. Notice of Intention to Claim Relief under
Section 24 Landlord and Tenant Act 1931 :
Under the provisions of
this section no claim
for relief under the Act shall be maintained unless
the Applicant serves a notice on the Landlord
of his intention to claim relief within a period of
not less than three months before the termination
of the tenancy where the letting is for a term of
years.
Section 45 of the 1931 Act also provides for .in
extension of such period upon such terms as the
Court thinks proper.
The judicial interpretation of Section 45 is to
the effect that no extension of time for serving
a Notice 01"
Intention to Claim Relief will be
granted except for the most compelling reasons
and, as a consequence, considerable hardship hits
been inflicted on a number of tenants who have
been deprived of their rights under Part III of the
1931 Act because of their failure to serve Notice
of Intention to Claim Relief within the specified
time because of a bona fide, ommission, error or
oversight and, as a consequence, were compelled
to vacate their business premises or alternatively
pay such rent as
the Landlord demanded and
such further terms as the Landlord might deem
it fit to impose.
It is recommended that provision be made in
the Landlord and Tenant Bill 1965 to rectify this
situation by including provisions therein similar to
Section 12 and 15 of the Landlord and Tenant
Revisionary Leases Act 1958.
Section 12 of the Landlord and Tenant Act
of the 1958 Act, Sub-Section 1
(b) provides that
the Lessee shall be entitled on application
to
obtain from the immediate Lessor a Reversionary
Lease at any time subject to limiattions therein
provided on the expiration of three months from
the service on the tenant by his immediate Lesser
or any Superior Lessor of notice of the expiration
of his Proprietary Lease and otherwise as therein.
Section 13, Sub-Section 4 is
in the following
terms :
"Where a Lessee fails
to apply for a
Reversionary Lease within the time specified in
Sections II or Section 12 of this Act the Court
may on such terms as the Court thinks proper
extend such time where it is satisfied that the
failure was occasionsed by disability, mistake,
absence from the state, inability to obtain re
quisite information or any other reasonable cause."
It is generally recommended that an oblig
ation should be placed upon the Landlord
to
give notice to the tenant of the fact that his
Lease is about to terminate or has terminated
and that the tenant should have a certain speci
fied time to serve Notice of Intention to Claim
Relief under the Act and in addition liberty to
apply to the Court for an extension of time on
the basis provided
in Section
13, Sub-Section
4 as aforesaid.
Powers vested in County Registrar—Section 17
of Bill: Novel provisions have been
introduced
into this Bill making the County Registrar an
Arbitrator under the provisions of the Arbitration
Act 1954 for the purposes of determining certain
disputes and difficulties that are certain to arise in
the administration of the Act. Section 17 indicates
that any person may apply to the County Regis
trar for the area in which the land to which the
Application relates is situate to have certain amt-
ters determined by his arbitration and the County
Registrar shall make such award as justice shall
require.
Certain powers
are vested
in
the County-
Registrar under the provisions of Sub-Section 3
of Section 17 of Sub-Section 4 excludes certain
Sections of the Arbitration Act 1954 as being in
applicable to an Arbitration under this Landlord
and Tenant Act.
Under Section 19 of the Bill power is given to
the County Registrar to determine in what man
ner the costs of the Arbitration shall be paid and
he has also power to tax and settle the amount
of the costs to be so paid.
Sub-Section 4 of Section 19 also indicates that
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