Ground Rents Yearly Tenancies – Guidelines for applications under the Landlord and Tenant (Ground Rents) (No.2) Act 1978
In order to be satisfied that the applicant qualifies under the above act, we will require an affidavit sworn by him/her disclosing the facts relied on to show that all the provisions of Section 15 of the above act are complied with by the tenancy. The following points should be covered by such affidavit:
- Is the land comprised in the tenancy covered wholly or partly by permanent buildings and any land not so covered subsidiary and ancillary to those buildings?
- Has the land been held continuously under such tenancy for not less than 25 years prior to the date of the application?
- Is the yearly rent less than the rateable valuation of the property at the said date?
- Were the permanent buildings erected by the applicant? If not, were they erected by his/her predecessor in title, (i.e., a former owner of the tenancy)?
- Confirm that, to his /her knowledge, the permanent buildings were not built by the landlord or his predecessor in title.
- Confirm that the contract of tenancy was not made for the temporary convenience of the landlord.
- Confirm that the contract of tenancy is not a letting which is made for or dependent on the continuance of the tenant in any office, employment or appointment.
Show how the tenancy arose. Was an agreement entered into with the landlord to create such tenancy? Did the applicant take over the tenancy from a former tenant? Did the applicant inherit the tenancy? Did the applicant get an assignment of the tenancy from a former tenant? What, in short, were the circumstances in which the applicant became tenant? Lodge copies of any title documents relating to the tenancy.
Lodge evidence that section 15(1)(d) of the above Act, as amended by section 9 of the Landlord and Tenant (Amendment) Act, 1984, is satisfied by the above premises, i.e.,
- That the rent was less than the rateable valuation of the premises at the date of the application, (evidence of the rateable valuation should be attached)
- Prove that the buildings were erected by the tenant or his/her predecessor in title.
The most recent rent receipt should be lodged. If rent has not been paid for some time state when it was last paid and to whom. Furnish evidence of the rent amount.
A map of the premises is required.