Landlord and Tenant (Ground Rents) Act, 1967
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Relaxation of certain restrictive covenants. |
29.—(1) Where a person who holds land under a lease (whether granted before or after the commencement of this Act) which is a building lease or a proprietary lease proposes to do, in relation to the land, anything— | |
(a) which is development and as respects which permission has been granted under Part IV of the Local Government (Planning and Development) Act, 1963 , | ||
(b) which is exempted development for the purposes of that Act, or | ||
(c) as respects which consultation is required by section 84 of that Act and has taken place to the extent required by that section, | ||
and which, if done, would, apart from this section, be a breach of any covenant, condition or agreement in the lease prohibiting the alteration of the user of the land or the making of an improvement (within the meaning of the Act of 1958) thereon, the covenant, condition or agreement shall not, in so far as it prohibits such alteration or the making of such an improvement, apply or have effect in relation to that thing. | ||
(2) Subsection (1) of this section does not apply in relation to a covenant, condition or agreement— | ||
(a) to which section 31 of this Act applies, or | ||
(b) which is contained in a lease made by a harbour authority, within the meaning of the Harbours Act, 1946 , as lessor, whether before or after the passing of this Act, | ||
(c) which has the effect of prohibiting the erection, provision or reconstruction (not being an improvement within the meaning of the Act of 1958) of any building or structure, in so far as the covenant, condition or agreement has such effect, or | ||
(d) prohibiting any alteration of the user of the land demised by the lease which would impose a liability or an increased liability on the lessor for the payment of rates, in so far as the covenant, condition or agreement prohibits such alteration. |