S.I. No. 10/1932 - Landlord and Tenant Regulations, 1932.

STATUTORY RULES AND ORDERS. 1932. No. 10.

LANDLORD AND TENANT REGULATIONS, 1932.

WHEREAS by Section 7 of the Landlord and Tenant Act, 1931 , it is enacted that the Minister for Justice after consultation with the President of the Incorporated Law Society of Ireland may by order make regulations prescribing any form, matter, or thing which is in the said Act referred to as prescribed or to be prescribed :

AND WHEREAS I, JAMES GEOGHEGAN, Minister for Justice, have so consulted with the President of the Incorporated Law Society of Ireland :

NOW I, JAMES GEOGHEGAN, Minister for Justice, by virtue of the powers conferred upon me by Section 7 of the Landlord and Tenant Act, 1931 , and of all other powers enabling me in this behalf, do hereby make the following regulations :—

1. These regulations may be cited as The Landlord and Tenant Regulations, 1932.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these regulations the expression " the Act " means the Landlord and Tenant Act, 1931 .

4. The notice referred to in the Act as an improvement notice shall be in accordance with Form I in the first schedule hereto or such modification thereof as may be suitable and the said Form I shall be deemed to include the statement in the prescribed form referred to in sub-section 1 (a) of Section 12 of the Act.

5. The notice referred to in the Act as an improvement consent shall be in accordance with Form II in the first schedule hereto or such modification thereof as may be suitable.

6. The notice referred to in the Act as an improvement undertaking shall be in accordance with Form III in the first schedule hereto or such modification thereof as may be suitable.

7. The notice referred to in the Act as an improvement objection shall be in accordance with Form IV in the first schedule hereto or such modification thereof as may be suitable.

8. The notice referred to in the Act as a sanitary work undertaking shall be in accordance with Form V in the first schedule hereto or such modification thereof as may be suitable.

9. The notice referred to in the Act as an improvement certificate shall be in accordance with Form VI in the first schedule hereto or such modification thereof as may be suitable.

10. The notice referred to in the Act as a sanitary improvement certificate shall be in accordance with Form VII in the first schedule hereto or such modification thereof as may be suitable.

11. The notice referred to in the Act as notice of intention to claim relief shall be in accordance with Form VIII in the first schedule hereto or such modification thereof as may be suitable.

12. The improvement statement referred to in Section 26 of the Act shall be in accordance with Form IX in the first schedule hereto or such modification thereof as may be suitable.

13. The valuation to be made by the Commissioner of Valuation and Boundary Surveyor in accordance with the provisions of sub-section (2) of Section 26 of the Act shall be in accordance with Form X in the first schedule hereto or such modification thereof as may be suitable.

14. The notice offering a new tenancy in a tenement which, by virtue of the provisions of sub-section (1) of Section 28 of the Act, a landlord may serve on a tenant shall be in accordance with Form XI in the first schedule hereto or such modification thereof as may be suitable.

15. The notice accepting a new tenancy in a tenement which, by virtue of the provisions of sub-section (2) of Section 28 of the Act, a tenant may serve on a landlord shall be in accordance with Form XII in the first schedule hereto or such modification thereof as may be suitable.

16. The notice which a landlord who has or who is deemed by virtue of any section of the Act to have no reversion in a tenement may serve on a tenant by virtue of the provisions of sub-section (1) (a) of Section 31 of the Act shall be in accordance with Form XIII in the first schedule hereto or such modification thereof as may be suitable.

17. The notice which the landlord referred to in the next preceding regulation may serve on his immediately superior landlord by virtue of the provisions of sub-section (1) (b) of Section 31 of the Act shall be in accordance with Form XIV in the first schedule hereto or such modification thereof as may be suitable.

18. The notice continuing the tenancy of a tenant in a tenement which a landlord with a nominal reversion may, by virtue of the provisions of Section 32 of the Act, serve on a tenant shall be in accordance with Form XV in the first schedule hereto or such modification thereof as may be suitable.

19. The notice continuing the tenancy of a tenant in a tenement which a landlord with a short reversion may, by virtue of the provisions of Section 33 of the Act, serve on a tenant shall be in accordance with Form XVI in the first schedule hereto or such modification thereof as may be suitable.

20. The expenses payment of which a landlord or sanitary authority may, by virtue of the provisions of sub-section (6) of Section 18 of the Act, demand from a tenant shall be calculated according to the scale in the second schedule hereto.

Given under my Seal of Office, this 11th day of March, 1932.

(Signed), JAMES GEOGHEGAN,

Aire Dli agus Cirt.

(Signed), S. A. ROCHE.

LANDLORD AND TENANT REGULATIONS, 1932.

FIRST SCHEDULE

—FORMS I TO XVI INCLUSIVE.

FORM I.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (1) of Section 12).

IMPROVEMENT NOTICE.

Take Notice that I intend to make an improvement in accordance with the accompanying plans and specification to my tenement consisting of (description of tenement) situate at (state full address of the tenement).

I annex an estimate verified by (state name and address of the architect, surveyor or building contractor) of the cost of making the improvement.

Dated

Signed by the above-named Tenant or his Solicitor.

To

The above-named Landlord.

FORM II.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (2) (a) of Section 12).

IMPROVEMENT CONSENT.

Take Notice that I hereby consent to the making of the improvement to the tenement situate at (state full address of tenement) in accordance with the plans and specification accompanying the Improvement Notice dated the.....................

Dated

Signed by the above-named Landlord or his authorised Agent or Solicitor.

To

The above-named Tenant.

OR

Signed by the above-named Superior Landlord or his authorised Agent or Solicitor.

To

The above-named Landlord

and

To

The above-named Tenant.

FORM III.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (2) (b) of Section 12).

IMPROVEMENT UNDERTAKING.

Take Notice that I hereby undertake to execute the improvement to the tenement situate at (state full address of tenement) in accordance with the plans and specification accompanying your Improvement Notice dated the .................................

And Further Take Notice that this undertaking is in consideration of (a) an increase of (state the increase of rent demanded) in the rent at present being paid by you for the said tenement ; (b) an increase of rent to be fixed by the Circuit Court.

Dated

Signed by the above-named Landlord or his authorised Agent or Solicitor.

To

The above-named Tenant.

(a) (b) Delete whichever is inapplicable.

FORM IV.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (2) (c) of Section 12).

IMPROVEMENT OBJECTION.

Take Notice that I do hereby object to the execution of the improvement the subject of the Improvement Notice dated the .................................... on the tenement situate at (state full address of tenement).

The grounds of objection are : —

Dated

Signed by the above-named Landlord or his authorised Agent or Solicitor.

To

The above-named Tenant.

OR

Signed by the above-named Superior Landlord or his authorised Agent or Solicitor.

To

The above-named Landlord

and

To

The above-named Tenant.

FORM V.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (2) of Section 13).

SANITARY WORK UNDERTAKING.

Whereas you, the above-named tenant, have served on me, the above-named landlord, a sanitary work notice dated .................................... stating that the sanitary authority for the district of .................................... has served on you a notice requiring the execution by you on the tenement situate at (state full address of the tenement) of work consisting of (full description of the work) :

And Whereas the said work is an improvement within the meaning of the Landlord and Tenant Act, 1931 :

Take Notice that I hereby undertake to execute the said work in accordance with the notice of the said sanitary authority,

And Further Take Notice that this undertaking is in consideration of (a) an increase of (state the increase of rent demanded) in the rent at present being paid by you for the said tenement ; (b) an increase of rent to be fixed by the Circuit Court.

Dated

Signed by the above-named Landlord or his authorised Agent or Solicitor.

To

The above-named Tenant.

(a) (b) Delete whichever is inapplicable.

FORM VI.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (1) of Section 18).

IMPROVEMENT CERTIFICATE.

This is to certify that the improvements have been duly completed upon the tenement situate at (state full address of tenement) in accordance with (a) your Improvement Notice dated the................................. (b) the Improvement Order of the Court dated the...........................

Dated

Signed by the above-named Landlord or his authorised Agent.

To

The above-named Tenant.

(a) (b) Delete whichever is inapplicable.

FORM VII.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (4) of Section 18).

SANITARY IMPROVEMENT CERTIFICATE.

To A.B., tenant of (state full address of tenement).

This is to certify that the work consisting of (full description of the work) executed by you upon the tenement situate at (state full address of tenement) has been so executed in pursuance of and completed in accordance with the Order dated ..........................................of the Sanitary Authority for the district of..........................................

Dated

Signature of the responsible officer of the Sanitary Authority.

FORM VIII.

LANDLORD AND TENANT ACT, 1931 .

(SUB-SECTION (1) OF SECTION 24).

NOTICE OF INTENTION TO CLAIM RELIEF.

Whereas I, the above-named tenant, hold (or have recently held) from you, the above-named landlord, the tenement consisting of (description of tenement) situate at (state full address of tenement) under (state the nature of the lease or contract of tenancy under which the tenement is held including the commencing date of such lease or contract of tenancy) :

And Whereas my tenancy (or lease) of the said tenement terminated (or will terminate) on the.......................................................:

Take Notice that I intend to claim a new tenancy under Part III of the Landlord and Tenant Act, 1931 , in the said tenement.

And Further Take Notice that I intend to claim in the alternative the sum of £..................................Compensation for Improvements made in the said tenement by myself (and, or, my predecessors in title) the particulars whereof are stated in the Schedule hereon endorsed.

And Whereas the said tenement has been bona-fide used by me from and including the ........................................... wholly (or partly for the purpose of carrying on the business of.................................:

Take Notice that I also intend to claim in the alternative £................................Compensation for Disturbance.

To

The above-named Landlord.

SCHEDULE OF IMPROVEMENTS IN RESPECT OF WHICH COMPENSATION IS CLAIMED

Signed by the Tenant or his Solicitor.

FORM IX.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (1) of Section 26).

IMPROVEMENT STATEMENT.

PARTICULARS OF THE IMPROVEMENTS IN RESPECT OF WHICH COMPENSATION IS CLAIMED.

FORM X.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (2) of Section 26).

VALUATION OF IMPROVEMENT.

This is to certify that the tenement situate at (state full address of tenement) ....................................... in which the several improvements the subject of the Improvement Statement dated ........................ were made has been duly inspected and the following valuation made in accordance with sub-section (2) of section 26 of the Landlord and Tenant Act, 1931 .

Dated

FORM XI.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (1) of Section 28).

NOTICE OF OFFER BY A LANDLORD OF A NEW TENANCY.

Whereas you, the above-named tenant, did serve on me, the above-named landlord, notice dated ........................... of your intention to claim relief under the Landlord and Tenant Act, 1931 , on the termination of your tenancy in the tenement consisting of (description of tenement) situated at (state full address of tenement) .............................................:

And Whereas the said relief is limited to relief by way of Compensation for Improvements :

And Whereas I have a fee-simple reversion (or a reversion of      years) in the said tenement :

Take Notice that I do hereby offer to you a new tenancy in the said tenement on the following terms (state terms)

(OR)

Take Notice that I do hereby offer to you a new tenancy in the said tenement on terms to be fixed by the Circuit Court.

Dated

Signed by the above-named Landlord or his authorised

Agent or Solicitor.

To

The above-named Tenant.

FORM XII.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (2) (a) of Section 28).

NOTICE OF ACCEPTANCE OF NEW TENANCY.

Take Notice that I, the above-named tenant, do hereby accept the offer of a new tenancy in the tenement situate at (state full address of tenement) contained in your notice dated........................

To

The above-named Landlord.

FORM XIII.

LANDLORD AND TENANT ACT, 1931 .

(Sub-section (1) (a) of Section 31.)

NOTICE SERVED ON TENANT BY LANDLORD WITH NO REVERSION.

Whereas you, the above-named tenant, did serve on me, the above-named landlord, notice dated ........................... of your intention to claim relief under the Landlord and Tenant Act, 1931 , on the termination of your tenancy in the tenement consisting of (description of tenement) situate at (state full address of tenement) :

Take Notice that I have no reversion in the said tenement and that the name and address of my immediately superior landlord (or of my immediately superior landlord's agent) is ..................

To

The above-named Tenant.

FORM XIV

LANDLORD AND TENANT ACT, 1931

(SUBSECTION (1) (b) OF SECTION 31).

NOTICE SERVED ON SUPERIOR LANDLORD BY LANDLORD WITH NO REVERSION

Take Notice that the above-named tenant has served on me, the above-named landlord, notice dated............................................................ ........................of his intention to claim relief under the Landlord and Tenant Act, 1931 , on the termination of his tenancy in the tenement consisting of (description of tenement) situate at (state full address of tenement).A copy of the said notice of intention to claim relief is annexed hereto.

And Whereas I have (or am deemed by virtue of the provisions of the Landlord and Tenant Act, 1931 , to have for the purposes of that Act) no reversion in the said tenement:

Take Notice that I intend to claim £.............................Compensation for Improvements the particulars whereof are stated in the schedule hereon endorsed.

To

The above-named Superior Landlord.

SCHEDULE OF IMPROVEMENTS IN RESPECT OF WHICH COMPENSATION IS CLAIMED.

Signed by the Landlord or his authorised Agent or Solicitor.

FORM XV.

LANDLORD AND TENANT ACT, 1931 .

(Section 32.)

NOTICE OF CONTINUATION OF TENANT'S TENANCY BY A LANDLORD WITH A NOMINAL REVERSION (i.e., A REVERSION NOT EXCEEDING ONE MONTH).

Whereas you, the above-named tenant, did serve on me, the above-named landlord, notice dated ........................... of your intention to claim relief under the Landlord and Tenant Act, 1931 , on the termination of your tenancy in the tenement consisting of (description of tenement) situate at (state full address of tenement) which tenancy did (or will) terminate on the...................................... :

And Whereas I have a reversion in the said tenement of (state length of reversion) only :

Take Notice that your tenancy in the said tenement is, by virtue of and in accordance with the provisions of section 32 of the aforesaid Act, hereby continued until the expiration of my reversion therein, that is to say, until and including the (state date) .........................................

Dated

Signed by the above-named Landlord or his authorised Agent or Solicitor.

To

The above-named Tenant.

FORM XVI.

LANDLORD AND TENANT ACT, 1931 .

(Section 33.)

NOTICE OF CONTINUATION OF TENANT'S TENANCY BY A LANDLORD WITH A SHORT REVERSION (i.e., A REVERSION EXCEEDING ONE MONTH BUT NOT EXCEEDING FIVE YEARS).

Whereas you, the above-named tenant, did serve on me, the above-named landlord, notice dated ........................... of your intention to claim relief under the Landlord and Tenant Act, 1931 , on the termination of your tenancy in the tenement consisting of (description of tenement) situate at (state full address of tenement) which tenancy did (or will) terminate on the......................................... :

And Whereas I have a reversion in the said tenement of (state length of reversion) only :

Take Notice that your tenancy in the said tenement is, by virtue of and in accordance with the provisions of section 33 of the aforesaid Act, hereby continued until the expiration of my reversion therein, that is to say, until and including the (state date)...........

Dated

Signed by the above-named Landlord or his authorised Agent or Solicitor.

To

The above-named Tenant.

SECOND SCHEDULE.

PRESCRIBED SCALE OF EXPENSES FOR THE PURPOSES OF SUB-SECTION (6) OF SECTION 18 OF THE ACT.