S.I. No. 219/1978 - Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, Regulations, 1978.

S.I. No. 219 of 1978.

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978, REGULATIONS, 1978.

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 5 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (No. 16 of 1978), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , Regulations, 1978.

(2) These Regulations shall come into operation on the 1st day of August, 1978.

2. In these Regulations:

"the Act of 1978" means the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 ;

"the Act of 1967" means the Landlord and Tenant (Ground Rents) Act, 1967 ;

"the Registry" means the Land Registry;

" the Registrar" means the Registrar of Titles.

3. The forms set out in the First Schedule to these Regulations are hereby prescribed as the forms of registers to be kept by the Registrar under section 21 (1) of the Act of 1967 for the purposes of the Act of 1978.

4. The Central Office of the Land Registry is hereby prescribed as the place at which the registers referred to in Regulation 3 shall be made available to the public and the times during which that office is normally open to the public are hereby prescribed as the times during which the registers shall be so made available.

5. (1) The forms set out in the Second Schedule to these Regulations are hereby prescribed for the purposes of the Act of 1978.

(2) Every application under section 21 of the Act of 1978 shall be accompanied by the original or a certified copy of each document of title to the applicant's interest or by a reference to the relevant Land Registry leasehold folio, where appropriate.

6. (1) Where the applicant relies on the consent of every person who would be a necessary party to the conveyance to him of the fee simple free from incumbrances, the agreed purchase price shall be deemed to include all arrears and apportionments of rent up to the date of such consent and, where the purchase money is lodged in the Registry, such agreed purchase price shall be deemed to include all such rent up to a date not exceeding one month after the date of such consent.

(2) On arbitration, the date of vesting shall not be earlier than the next gale day, or, on production of a receipt for rent to such gale day, on such earlier day as the arbitrator shall decide.

7. (1) Where the purchase money is deposited with the Registrar, together with the consent of every person who would be a necessary party to a conveyance of the fee simple free from encumbrances, notice shall be served on every such person of the issue of the vesting certificate.

(2) All moneys deposited with the Registrar under section 22 of the Act of 1978 may after a period of six months be lodged in the Circuit Court under subsection (7) of that section.

8. Where a title is not registered in the Registry, the arbitrator may accept, as evidence of such title, a certificate by a practising solicitor or barrister in Form G in the Second Schedule to these Regulations.

9. Where the fee simple interest is not registered, the Registrar, for the purposes of registration in the Registry of Deeds, may accept a duplicate of the vesting certificate as a memorial.

10. Where, in the case of an application for a vesting certificate, a death, transmission or change of interest occurs before vesting is effected, the proceedings shall not abate, but may be continued by and in the name of any person who is personal representative or successor in title of the applicant.

11. (1) An affidavit or statutory declaration for the purpose of any proceedings in the Registry may be sworn or taken before any officer of the Registry duly authorised by the Minister for Justice, any person authorised by law to administer oaths or, in the case of statutory declarations, any person authorised by law to take and receive such declarations.

(2) An affidavit for use in the Registry shall comply generally with the provisions relative to form, jurat, interlineations, alterations and erasures in the Rules of the Superior Courts concerning affidavits for use in the High Court.

12. (1) Every notice issued from or sent by the Registry (except notices of the receipt of applications or of completion of same or formal notices of a like description) shall fix a time within which any act or step required to be done or taken by the notice is to be done or taken and shall state what shall be the consequence of any omission to comply therewith.

(2) The notice shall also state in what manner and within what time an answer, objection or other communication, if any, arising out of the notice is to be made and the address at or to which it is to be delivered or sent.

(3) The arbitrator may, in any particular case, either before or after any notice period expires, extend such notice period upon such terms as he thinks proper.

13. In an arbitration, the arbitrator may give notice to all persons interested to attend before him on a day and at a time to be stated in the notice for the consideration of the matter.

FIRST SCHEDULE.

PART I.

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978 .

(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
Ref. No.	Applicant	Whether lease or yearly tenancy (Note)	Immediate lessor	Superior lessor(s)	Description of Land	Amount of rent	Award: (a) Purchase price (b) Costs (c) Date of award

Note: If lease, state date and length of term.

PART II.

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978 .

(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
Ref. No.	Applicant	Whether lease or yearly tenancy (Note)	Immediate lessor	Superior lessor(s)	Description of Land	Amount of rent	Question for decision	Award and Date

Note: If lease, state date and length of term.

SECOND SCHEDULE.

FORM A

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

APPLICATION FOR VESTING BY CONSENT

Application to the Registrar of Titles under section 20 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , for the vesting in fee simple, pursuant to section 22 of the said Act (with the consent of every person who would be a party to a conveyance of the fee simple free from incumbrances) of the property described in the Schedule hereto.

County:

I/We

declare:

1. I/We am/are entitled under Part II of the above Act to acquire the fee simple in the property described in the Schedule hereto, the permanent buildings on which were constructed for use wholly or principally as a dwelling (not being a separate and self-contained flat in premises divided into two or more such flats) and are so used.

2. I/We am/are in occupation of the said property. (Note (a)).

3. I/We enclose herewith the consent(s) in Form C of the person(s) specified in section 20 of the above Act.

4. The entire of the purchase money has been paid to the person(s) entitled thereto or authorised to give receipt therefor.

The agreed purchase price is lodged herewith.

5. The fee simple title is registered on Folio of the Register County

I/We refer to the certificate in Form G in relation to the fee simple title.

No evidence of the following consenting party's title is forthcoming:

(Note (b))

6. I/We enclose herewith £ being the fee payable for issue of the Vesting Certificate under section 22 of the said Act. Note (c)).

SCHEDULE (Note (d))

The Registrar of Titles

NOTES:

( a ) Delete paragraph 2 if inapplicable.

( b ) Where an applicant has any doubt about the title to the property of the consenting party or parties the purchase price may be lodged in the Land Registry.

( c ) £5 if paragraph 2 applicable; £10 if paragraph 2 inapplicable.

( d ) Sufficient particulars should be given to identify the property including particulars of the tenancy under which it is held e.g. location and whether the property is held under a yearly tenancy or a lease. The rent should also be stated and particulars of any lease given.

Where the property includes land which is not covered by the permanent buildings and which is not wholly subsidiary and ancillary to such buildings, such land must be excluded from the description and should if necessary be identified on a map.

FORM B

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

APPLICATION FOR VESTING ON ARBITRATION

Application to the Registrar of Titles under section 21 (1) of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , for the vesting in fee simple, pursuant to section 22 of the said Act, of the property described in the First Schedule hereto.

County:

I/We

declare:

1. I/We am/are entitled under Part II of the above Act to acquire the fee simple in the property described in the First Schedule hereto, the permanent buildings on which were constructed for use wholly or principally as a dwelling (not being a separate and self-contained flat in premises divided into two or more such flats) and are so used.

2. On the I/we served notice on the immediate lessor of my/our intention to acquire the fee simple in the said property under section 21(1) of the said Act. A copy of the notice is enclosed herewith. (Note (a)).

I/We am/are unable to serve notice on the immediate lessor of my/our intention to acquire the fee simple in the said property under section 21(1) of the said Act for the following reason:

3. I/We have not received any reply to the notice. (Note (b)).

The lessor disputes my/our right to acquire the fee simple.

The lessor and I/we cannot agree on the purchase price.

4. I/We am/are in occupation of the property. (Note (a)).

5. I/We enclose herewith fee for arbitration and vesting certificate under the said Act.

6. I/We enclose herewith receipt for the rent due on the last gale day.

7. I/We enclose herewith the title documents specified in the Second Schedule hereto.

8. I/We hereby apply to the Registrar of Titles under section 21 of the Act of 1978 to have the fee simple in the property described in the First Schedule hereto vested in me/us under the said Act.

FIRST SCHEDULE (Note (c)).

The property known as situate held by me/us (under a Lease dated made between and for a term of years)

(Note (a)) at the yearly rent of . (The said Lease is registered as a burden on Folio of the Register of Freehold land in the County of . The title to the said Lease is registered on Folio of the Register of leasehold interests in the County of ).

SECOND SCHEDULE

The Registrar of Titles

NOTES:

a ) Delete if inapplicable.

( b ) Delete if inapplicable and insert reason for application for arbitration.

( c ) Sufficient particulars should be given to identify the property including particulars of the tenancy under which it is held e.g., location and whether the property is held under a yearly tenancy or a lease. The rent should also be stated and particulars of any lease given.

Where the property demised by the lease includes land which is not covered by the permanent buildings and which is not wholly subsidiary and ancillary to such buildings, such land must be excluded from the description and may if necessary be identified on a map.

FORM C

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

CONSENT

Consent by a person, who would be a necessary party to a covneyance of the fee simple free from incumbrances, to the vesting of the said fee simple by the Registrar of Titles under section 22 (1) of the above Act.

1. I/We

(the owner(s) of the fee simple in the property specified in the First Schedule hereto)

(the owner(s) of the estate, interest or incumbrance specified in the Second Schedule hereto) hereby acknowledge that

is/are entitled under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , to acquire the fee simple in the property.

2. The agreed purchase price is £

3. I/We acknowledge receipt of £ , being the purchase money/my share of the purchase money (delete as inapplicable).

4. I/We certify that the annual rent has been paid.

5. I/We hereby consent to the vesting in said

of the fee simple in the property specified in the First Schedule hereto by the Registrar of Titles.

Signed:

Witness:

FIRST SCHEDULE

SECOND SCHEDULE

FAILURE BY A PERSON TO GIVE A CONSENT MAY RESULT IN ARBITRATION COSTS BEING AWARDED AGAINST HIM. AN EXPLANATORY LEAFLET IS AVAILABLE ON REQUEST FROM LAND REGISTRY, NASSAU BUILDING, SETANTA CENTRE, NASSAU ST., DUBLIN, 2.

FORM D

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

NOTICE OF INTENTION

Notice to immediate lessor of intention to apply for the fee simple pursuant to section 21 (1) of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 . (Note (a)).

To:

of:

1. Description of land to which this notice refers: (Note (b))

2. Particulars of applicant's lease or tenancy: (Note (c))

3. Part of lands excluded (if any): (Note (d))

Take notice that I/we

being a person(s) entitled under Part II of the above Act propose to apply, after 21 days from the date hereof, to the Registrar of Titles to vest in me/us under section 22 of the said Act the fee simple in the property set out on paragraph 1 hereof.

Dated this day of , 19

(Name)

(Address)

NOTES:

( a ) Section 21(1) provides that a person who claims to be entitled to acquire the fee simple shall serve notice of his application upon the immediate lessor. Notice may be served upon the person to whom the applicant pays his rent at the place at or to which he pays or sends such rent. If notice is being served by post, same should be by registered post.

( b ) Sufficient particulars should be given to identify the property.

( c ) State amount of rent and whether the land is held on a yearly tenancy or under a lease. If the land is held under a lease, state the date of the lease, the duration of the term and the parties to the lease.

( d ) This need only be completed where the property includes land which is not covered by the permanent buildings and which is not wholly subsidiary and ancillary to such buildings. Such land must be excluded from the purchase under the Act (Section 14) and should if necessary be identified on a map.

FORM E

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

VESTING CERTIFICATE

Whereas

has duly made an application under section 20 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , in respect of the property specified in Part I of the Schedule hereto:

Now therefore the Registrar of Titles in exercise of the powers conferred on him by section 22 of that Act hereby vests the fee simple in the said property in the applicant free from incumbrances and any intermediate interests.

The name and address of every party who prior to the making of this Certificate had a superior interest in the said property is set out in Part II of the Schedule hereto.

It is hereby certified that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds

SCHEDULE

PART I

PART II

Dated this day of , 19

FORM F

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

VESTING CERTIFICATE

Whereas

has made an application under section 21 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , in respect of the property specified in Part I of the Schedule hereto and whereas the Registrar of Titles is satisfied that the applicant is entitled to acquire the fee simple in the said property:

The name and address of every party who prior to the making of this Certificate had a superior interest in the said property is set out in Part II of the Schedule hereto.

SCHEDULE

PART I

PART II

Dated this day of , 19 .

FORM G

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

CERTIFICATE OF TITLE

1. I,

Solicitor/Barrister

hereby certify that I have investigated the title to the property set out in the First Schedule hereto, other than the title to the Lease specified therein.

2. As a result of my investigations of the title, I certify that the fee simple (or superior leasehold interest) in the said property is/was vested in

free from any adverse rights, restrictive covenants or encumbrances, save the said Lease (or subject as set out in the Second Schedule hereto).

Dated this day of , 19 .

SIGNATURE:

FIRST SCHEDULE

The property known as

situate

demised by Lease dated and made between

and for a term of years at the yearly rent of

SECOND SCHEDULE

GIVEN under my Official Seal, this 27th day of July, 1978.

GERARD COLLINS,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations prescribe for the purpose of the vesting of the fee simple in dwellinghouses under Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 —

( a ) the forms in which registers of awards are to be kept by the Registrar of Titles under section 21 (1) of the Landlord and Tenant (Ground Rents) Act, 1967 , as applied by section 21 (4) of the Act of 1978;

( b ) the places and times at which such registers are to be made available to the public;

( c ) the forms of application for a vesting of the fee simple;

( d ) the form of consent to such vesting;

( e ) the form of notice of intention to apply for a vesting on arbitration;

( f ) the forms of a vesting certificate;

( g ) a form of certificate as to title;

( h ) other matters incidental to Part III of the Act of 1978.