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A banner complaining about high shop rents is hung on a shop front in central Dublin. Alan Shatter's review of landlord-tenant legislation will not deal with the issue of rent revisions. Peter Morrison/AP

Shatter announces review of 'ancient' landlord and tenant laws

The Justice Minister launches a review to current laws, but the review will not include proposals on upward-only rents.

THE JUSTICE MINISTER Alan Shatter has announced a review of Ireland’s landlord and tenancy laws, in moves aimed at modernising some aspects of the law which are centuries old.

The programme is aimed at modernising current commercial tenancy laws, which is currently based on aggregated laws which predate the State itself.

“While the law relating to residential tenancies was updated in 2004, our general landlord and tenant law dates back to Deasy’s Act in the middle of the 19th century, and is greatly in need of reform,” Shatter said.

While much public interest on tenancy law is currently focussed on upward-only rent reviews, Shatter said the entire landlord-tenant code required updating to make it “fit for purpose” in this century.

Consultations were ongoing with the Attorney General on the topic of the rent reviews, but said that review process was independent, separate of the legislative review, and would not be delayed by the new initiative.

The modern code for business tenancies that would be produced by the review, though, was “essential for our economic recovery,” Shatter explained.

Among the laws that would be repealed by the new legislation would be at least 35 statutes that predate the establishment of the Irish Free State, including some dating from the 17th century.

The review would include the abolition of older eviction clauses available to landlords, and would update a statutory redress scheme aimed at reducing the cost of disputes between tenants and their landlords.

A draft Bill and explanatory text have been published on the Department website, based on reform proposals brought forward by the Law Reform Commission in 2007. Submissions on the review are being accepted until May 31.

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