Landlord and Tenant (Ground Rents) (Amendment) Act 2019

Last updated at 12:55 on 09/01/2024

As a result of the Landlord and Tenant (Ground Rents) (Amendment) Act 2019 from today, 17th January 2020, the Valuation Acts are to be cited as Valuation Acts 2001 to 2019.

The Minister for Justice and Equality, Charlie Flanagan T.D., yesterday (16th January 2020) signed the commencement order to bring the Landlord and Tenant (Ground Rents) (Amendment) Act 2019 into operation. The principal purpose of this Act is to clarify the rights of certain ground rent tenants to acquire the freehold title of their properties. The Act will commence from today, Friday, 17th January.

Sections 6 of the Act inserts new Sections 67A and 67B after the existing Section 67and 7(3) changes the citation of the Valuation Acts to Valuation Acts 2001 to 2019. The full text of the Act can be found here

 

The new Sections 67A and 67B read as follows: 

“Valuation for certain purposes of property not falling within Schedule 4

67A. (1) The Commissioner may, in relation to property that does not fall within Schedule 4 and for the purposes of condition 2 of section 10 and section 15(1)(d)(i) of the Act of 1978, on application being made to him or her in that behalf by a person who appears to the Commissioner to have a sufficient interest in the matter, cause the value of the property to be determined in accordance with subsection (2).

(2) If the value of a property falls to be determined for the purposes of subsection (1), that determination shall be made by reference to the values of other comparable properties, as appeared on an existing valuation list (as distinct from those that appear on a valuation list published under this Act) relating to the rating authority area in which that property is situate.

(3) The value of the property determined in accordance with subsection (2) shall be deemed to be the rateable valuation of the property for the purposes referred to in subsection (1).

(4) The Commissioner shall issue a certificate stating the value of the property as determined under subsection (2) to the person who made the application under subsection (1).

(5) A reference in this section to a certificate issued by the Commissioner includes a reference to a certificate issued by a person duly authorised by the Commissioner to so issue.

(6) The production to a court or the Property Registration Authority of a certificate issued under subsection (4), purporting to state the value of a property determined under subsection (2), shall, without proof of the signature of the Commissioner or other person duly authorised by the Commissioner, be sufficient evidence, until the contrary is proven, of the matters stated in the certificate.

(7) In this section and section 67B, “Act of 1978” means the Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

Rateable valuation of property for purposes of condition 5 of section 10 of Act of 1978

67B. (1) The Commissioner may, for the purposes of condition 5 of section 10 of the Act of 1978, issue a certified copy extract of a valuation list in existence on the date of the grant of a lease of property to which that condition refers (as distinct from an extract of a valuation list published under this Act) stating the rateable valuation of that property on the date of such grant.

(2) A reference in this section to a certified copy extract of a valuation list includes a reference to a copy extract of a valuation list certified by a person duly authorised by the Commissioner to so certify.

(3) A certified copy extract of a valuation list issued under this section shall, until the contrary is proved, be regarded as a true copy of that extract.

(4) The production to a court or the Property Registration Authority of a certified copy extract of a valuation list issued under subsection (1), purporting to be an extract of a valuation list, shall, without proof of the signature of the Commissioner or other person duly authorised by the Commissioner, be sufficient evidence, until the contrary is proved, of the matters stated in the document.”.

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