Landlord and Tenant (Amendment) Act, 1989

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Number 2 of 1989

LANDLORD AND TENANT (AMENDMENT) ACT, 1989

ARRANGEMENT OF SECTIONS

Number 2 of 1989

LANDLORD AND TENANT (AMENDMENT) ACT, 1989

AN ACT TO AMEND SECTION 13 OF THE LANDLORD AND TENANT (AMENDMENT) ACT, 1980 , SO AS TO RESTRICT ITS APPLICATION IN RELATION TO CERTAIN TENEMENTS IN THE CUSTOM HOUSE DOCKS AREA. [1st March, 1989].

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Amendment of section 13 of Landlord and Tenant (Amendment) Act, 1980.

1.— Section 13 of the Landlord and Tenant (Amendment) Act, 1980 , is hereby amended by the insertion after subsection (2) of the following subsections:

“(3) (a) The occupation by a person or his predecessors in title under a lease or other contract of tenancy of a tenement in the Custom House Docks Area (within the meaning of section 41 of the Finance Act, 1986 ), being a tenement bona fide used on the commencement of occupation under the lease or contract of tenancy, and expressly authorised or required by that lease or contract to be used, wholly or partly for the purpose of carrying on an activity consisting of or including a relevant trading operation within the meaning of section 39B (inserted by section 30 of the Finance Act, 1987 , as amended by section 36 of the Finance Act, 1988 ) of the Finance Act, 1980 , or bona fide used for preparing for the carrying on of such an activity, shall not be regarded as occupation for the purposes of paragraph (a) or (b) of subsection (1).

(b) Where this subsection applies by virtue of paragraph (a) in relation to occupation—

(i) it also applies to occupation under the lease or contract concerned at any time when the tenement concerned is no longer used for the purpose of carrying on an activity aforesaid, and

(ii) it applies in relation to occupation of the whole or part of the tenement under any other lease or contract of tenancy that is in force during the whole or part of the currency of, and is made after the making of, the first-mentioned lease or contract of tenancy.

(4) Subsection (3) shall have effect only in relation to a lease or other contract of tenancy the term of which commences during the period of 5 years from the passing of the Landlord and Tenant (Amendment) Act, 1989, or such longer period as may stand specified for the time being in regulations made by the Minister at any time during the said period of 5 years or during a period standing so specified.

(5) A draft of every regulation proposed to be made under this section shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House.”.

Short title, construction and collective citation.

2.—(1) This Act may be cited as the Landlord and Tenant (Amendment) Act, 1989.

(2) The Landlord and Tenant Acts, 1967 to 1987, and this Act shall be construed together as one Act and may be cited together as the Landlord and Tenant Acts, 1967 to 1989.