Ground Rents Fees Order

• Summary of the Order

• Ground Rents Fees Order in full

Section23 of the Landlord and Tenant 
(Ground Rents)(No. 2) Act, 1978

23.
(1) The fee to be taken in the Land Registry

a. for the issue of a vesting certificate under section 22 shall, where the applicant is in occupation of the dwelling-house, be £5;

b. for the arbitration under section 21 shall, where the applicant is in occupation of the dwellinghouse, be £12 which shall be in addition to the fee to be taken under paragraph (a).

(2) The Minister, with the consent of the Minister for Finance, may by order fix the fees to be taken in the Land Registry for the purposes of this Part, other than the fees mentioned in subsection (1), and may revoke or amend any such order.

(3) With the exception of fees fixed in respect of the cases mentioned in subsection (1) the fees shall, so far as possible, be so fixed as to meet the full cost of dealing with the relevant application.

(4) The applicant shall be liable for the payment of the fee to be taken for the issue of the vesting certificate and, subject to subsection (5), he shall also be liable for the payment of the fee to be taken for the arbitration.

(5) Where the applicant is in occupation of the dwellinghouse neither he nor any other party shall be liable to make any payment, apart from the fees fixed by or under this section, to the Registrar in respect of the arbitration or vesting, save that where in the opinion of the Registrar, any party to the arbitration had behaved unreasonably (whether by act or omission) or has, without reasonable cause—

a. refused or failed to comply with a provision of this Act or delayed in so complying, or

b. refused or failed to reach agreement or delayed in reaching agreement in relation to any matter under this Act,

and thereby occasioned the incurring of the whole or part of the cost of dealing with the arbitration, the Registrar may direct that the whole or a specified part of such cost shall be paid by that party.

(6) Section 9 and 19 (1) of the Act of 1967 (which provide for the costs of an arbitration) shall not apply where the applicant is in occupation of the dwellinghouse.

(7) Section 14 (2) of the Registration of Title Act, 1964, shall not apply to the taking of fees in relation to the functions of the Registrar of Titles under this Act.

Section 2 of the Landlord and Tenant 
(Ground Rents) (Amendment) Act, 1983

(2) In relation to any application under Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, made on or after the 1st day of August, 1983, section 23 (1) (which relates to certain fees to be taken in the Land Registry) of that Act shall have effect as if there were substituted "£15" for "£5" in paragraph (a) and "£36" for "£12" in paragraph (b).

Section 3 of the Landlord and Tenant 
(Ground Rents) (Amendment) Act, 1984 

3. 
(1) In relation to any application under Part III of Act (No. 2) of 1978 made on or after the 1st of August, 1984, section 23 (1) of that Act, as amended by section 2 of the Act of 1983, shall have effect as if there were substituted "£26" for "£15" in paragraph (a) and "£63" for "£36" in paragraph (b).

(2) On and after the 1st of August, 1984-

a. in section 23 (2) of Act (No. 2) of 1978, the words "other than the fees mentioned in subsection (1)", and

b. in section 23 (3) of that Act, the words "With the exception of fees fixed in respect of the cases mentioned in subsection (1)"

shall cease to have effect.

Landlord and Tenant (Ground Rents) 
(No. 2) Act, 1978 (Fees) Order, 1984

I, MICHAEL NOONAN, Minister for Justice, in exercise of the powers conferred on me by section 23 (2) of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (No. 16 of 1978), and with the consent of the Minister for Finance, hereby order as follows:

1. 
(1) This Order may be cited as the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (Fees) Order, 1984.

(2) This Order shall come into operation on the 1st day of August, 1984.

2. The fees to be taken in the Land Registry for the purposes of Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (No. 16 of 1978), as amended by the Landlord and Tenant (Ground Rents) (Amendment) Act, 1984 (No. 15 of 1984) (other than the fees specified in section 23 (1) of the first mentioned Act) shall be as follows:

for the issue of a vesting certificate on an application under section 20 of the first-mentioned Act - £52;

(i) for an arbitration under section 21 of that Act - £105;

(ii) for the issue of a vesting certificate in that case - £52;

for the inspection of a register kept for the purposes of that Act – 50p;

for a copy of an entry in such register signed by the Registrar of Titles - £2.60.

3. The Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (Fees) Order, 1983 (S.I. No. 205 of 1983), is hereby revoked.

Notice of the making of this Statutory Instrument was published in "Iris Oifigiúil" of 3rd August, 1984.

GIVEN under my Official Seal this 19th day of July, 1984.

L.S.                             MICHAEL NOONAN,

Minister for Justice.

I, ALAN M. DUKES, Minister for Finance consent to the making of the foregoing Order.

GIVEN under my Official Seal this 19th day of July, 1984.

L.S.                       ALAN M. DUKES,

Minister for Finance.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order prescribes the fees to be taken in the Land Registry for the purposes of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (No. 16 of 1978), as amended by the Landlord and Tenant (Ground Rents) (Amendment) Act, 1984 (No. 15 of 1984), other than the fees specified in section 23 (1) of the first-mentioned Act.