Increase of Rent and Mortgage Interest (Restrictions) Act, 1923

Interpretation of the Act.

1. For the purposes of this Act, except where the context otherwise requires:—

(a) The expression “standard rent” means the rent determined in manner hereinafter provided, which in the year ending the third day of August nineteen hundred and fourteen the immediate landlord of an occupying tenant of the dwelling-house might reasonably have expected under any given contract of tenancy not being for more than a term of five years;

(b) The expression “increased rent” means rent exceeding the standard rent;

(c) The expression “standard rate of interest” means in the case of a mortgage in force on the third day of August nineteen hundred and fourteen, the rate of interest payable at that date, or, in the case of a mortgage created since that date, the original rate of interest;

(d) The expression “increased rate of interest” means interest exceeding the standard rate of interest;

(e) The expression “rates” includes water rents and charges, and any increase in rates payable by a landlord shall be deemed to be payable by him until the rate is next demanded;

(f) The expression “rateable value” means the annual rateable value under the Irish Valuation Acts: Provided that, where part of a house let as a separate dwelling is not separately valued under those Acts, the Commissioner of Valuation and Boundary Surveyor may, on the application of the landlord or tenant, make such apportionment of the rateable value of the whole house as seems just, and his decision as to the amount to be apportioned to the part of the house shall be final and conclusive, and that amount shall be taken to be the rateable value of the part of the house for the purposes of this Act but not further or otherwise;

(g) The expressions “landlord,” “tenant,” “mortgagee” and “mortgagor” include any person from time to time deriving title under the original landlord, tenant, mortgagee, or mortgagor;

(h) The expression “landlord” also includes in relation to any dwelling-house any person, other than the tenant, who is or would but for this Act be entitled to possession of the dwelling-house, and the expressions “tenant and tenancy” include sub-tenant and sub-tenancy, and the expression “let” includes sub-let; and the expression “tenant” includes the widow of a tenant dying intestate who was residing with him at the time of his death, or, where a tenant dying intestate leaves no widow or is a woman, such member of the tenant's family so residing as aforesaid as may be decided in default of agreement by the Court;

(i) The expression “mortgage” includes a charge by registered disposition under the Local Registration of Title (Ireland) Act, 1891;

(j) The expressions “statutory undertaking” and “statutory duties or powers” include any undertaking, duties or powers, established, imposed or exercised under any order having the force of an Act of Parliament;

(k) The expression “prescribed” means prescribed by the rules made under this Act;

(l) The expression “Sanitary Authority” has the same meaning as in the Public Health (Ireland) Acts, 1878 to 1919, and includes both Urban Sanitary Authority and Rural Sanitary Authority.