First Previous (PART III Vesting of Fee Simple in Dwellinghouses)

16 1978

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

PART IV

Miscellaneous

Acquisition of fee simple from housing authority.

[New]

26. —(1) Where a housing authority have leased to a tenant a dwelling provided by them under statutory authority, the tenant shall be entitled to acquire from them the fee simple in the dwelling subject to the provisions of this section.

(2) The terms and conditions specified in the instrument by which the lease was effected (other than a condition for the payment of rent) shall continue to apply in relation to the dwelling for the period of twenty-five years from the date of the lease or for the period during which any part of the purchase price of the leasehold interest remains unpaid, whichever is the greater.

(3) Where the rent reserved by the lease contains an element in respect of the repayment of the purchase price of the leasehold interest, the housing authority shall certify the amount of the purchase price and the amount of the rent attributable to the repayment of that amount, and the amount of such purchase price shall stand charged on the property from the date of acquisition of the fee simple.

(4) Where a housing authority have leased a dwelling provided by them under statutory authority, to a person other than a tenant thereof, the lessee shall be entitled to acquire from them the fee simple in the dwelling and any condition specified in the instrument by which the lease was effected in respect of the repayment of the purchase price of the leasehold interest or in respect of the refund of a subsidy shall attach to the fee simple.

(5) The purchase price of the fee simple shall not exceed the amount provided for under section 17 (3) taking the rent referred to in that subsection as being the amount thereof less any amount attributable to the repayment of the purchase price of the leasehold interest.

(6) Every term and condition attaching to the grant of the fee simple pursuant to this section shall be binding upon the purchaser thereof, his personal representatives and successors in title.

(7) A vesting of the fee simple under this section shall be effected by a transfer order under section 90 of the Housing Act, 1966 .

(8) The fee to be taken by a housing authority for the issue of a transfer order pursuant to this section shall be £5.

(9) Where a housing authority has not the fee simple in any land on which it has provided dwellings under statutory authority, the authority shall be entitled to acquire the fee simple and for that purpose the provisions of Part II shall apply to the authority.

(10) In this section “statutory authority” shall be construed as including the Housing Act, 1966 , and any Act repealed by that Act.

(11) In this section references to a lease are to the grant of a leasehold interest in consideration of a purchase price.

Covenant for re-entry for non-payment of ground rent for dwellinghouse.

[New]

27. —(1) Where a person is entitled to acquire the fee simple in a dwellinghouse by virtue of Part II a convenant giving the lessor a right to re-enter and take possession of the premises where rent is in arrear shall not be enforceable against him but this shall not affect any other civil remedy of the lessor.

(2) Section 52 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 (which provides for proceedings for ejectment for non-payment of a year's rent) shall not apply to a dwellinghouse to which subsection (1) relates.

Effect of acquisition of fee simple on covenants.

[New in pt. cf. 1967, s. 31]

28. —(1) Where a person having an interest in land acquires the fee simple in the land, all covenants subject to which he held the land, other than a convenant specified in subsection (2), shall thereupon cease to have effect and no new covenant shall be created in conveying the fee simple.

(2) In the case of a covenant—

(a) which protects or enhances the amenities of any land occupied by the immediate lessor of the grantee, or

(b) which relates to the performance of a duty imposed by statute on any such person, or

(c) which relates to a right of way over the acquired land or a right of drainage or other right necessary to secure or assist the development of other land,

the covenant shall, notwithstanding anything contained in this Act, continue in full force and effect and shall be enforceable as follows:

(i) in the case of a covenant which does not relate to a right of way, right of drainage or other right aforesaid, by any such person or his personal representatives or successors in title, as if the acquisition had not occurred, and

(ii) in the case of a covenant which does so relate, by any person aggrieved by breach of the covenant.

(3) In any case where the fee simple in land was acquired since the commencement of the Act of 1967 by a person who had an interest in the land, any covenant subject to which the grantee held the land, other than a convenant specified in subsection (2), shall be deemed to have ceased to have effect at the date of the acquisition.

(4) Section 72 (1) of the Registration of Title Act, 1964 (which relates to burdens that affect land without registration) is hereby amended by the insertion of:

“(r) covenants which continue in force by virtue of section 28 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978”.

Effect of acquisition of fee simple on mortgages.

[New in pt. cf. 1967, s.6 (2)]

29. —Upon conveyance of the fee simple in land, under this Act or otherwise, to a person whose previous interest in the land was subject to a mortgage or charge (including a mortgage by subdemise) the mortgage or charge shall, if it has not been extinguished, be deemed to be a mortgage or charge on the fee simple in the land.


Acts Referred to

Harbours Act, 1946

1946, No. 9

Housing Act, 1966

1966, No. 21

Landlord and Tenant Act, 1931

1931, No. 55

Landlord and Tenant (Ground Rents) Act, 1967

1967, No. 3

Landlord and Tenant Law Amendment Act, Ireland, 1860

1860, c. 154

Landlord and Tenant (Reversionary Leases) Act, 1958

1958, No. 2

Registration of Title Act, 1964

1964, No. 16

Rent Restrictions Act, 1946

1946, No. 4

Rent Restrictions Act, 1960

1960, No. 42