Molony, DavidWednesday, 4 April 1979 |
Seanad Eireann Debate
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Landlord and Tenant (Amendment) Bill, 1979: Committee Stage (Resumed).
It seems a very strongly worded section. Is there any case to be made for giving the court some discretion in the matter?
They had to, because the legislators had ignored what the courts had asked them to charge.
I assume the Minister is not suggesting that the court would intentionally ignore the section. Would it not be better if some discretion were given to the court because as Senator Cooney has pointed ...
It is not left to the discretion of the courts under the section.
I assume that is largely the same as the 1931 Act. Was there not an obligation in the 1931 Act to serve notice?
I know that the section is largely the suggestion of the Landlord and Tenant Commission First Report. There are some changes. The explanatory memorandum refers to such modifications. Would the Minis...
Where the landlord applies to the court saying that he proposes to carry out improvements and submits a scheme of improvements or development to the court, and he succeeds in getting an order against ...
There is no obligation on the landlord?
I thought we dealt under an earlier section with the tenant whose tenancy had expired and the tenant not being entitled to a new tenancy because the landlord proposes to carry out a scheme of improvem...
I am not suggesting that they are. In regard to an earlier section I argued that to be fair and logical about it the reasonable thing would be that the landlord should be given a specified and reason...
The only point I would make to the Minister is that it is provided under subsection (5) that compensation shall primarily be the pecuniary loss, damage or expense. In other words, the compensation is...
No, it is the tenant's home.
I have seen that, I accept that.
I see what the Minister is saying, but do not accept that there is any great consistency in providing for punitive damages in one instance and not in the other. I would ask the Minister, before Repor...
Why was it decided to introduce this section? Was it a policy decision?
On that logic there could be 100 more sections in this Bill. Question put and agreed to. SECTION 72. Question proposed: “That section 72 stand part of the Bill.”
Section 4 states that the State is not bound by the provisions of this Bill. I think it was on section 11 that the other question was discussed. I am not sure. I raised the point under section 2 an...
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