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Restrictions on right to possession.
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4.—(1) No order or judgment for the recovery of possession of any dwelling-house to which this Act applies, or for the ejectment of a tenant therefrom, shall be made or given unless—
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(a) any rent lawfully due from the tenant has not been paid, or any other obligation of the tenancy (whether under the contract of tenancy or under this Act) so far as the same is consistent with the provisions of this Act has been broken or not performed; or
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(b) the tenant or any person residing with him or any of his lodgers or sub-tenants has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the premises or allowing the premises to be used for an immoral or illegal purpose, or the conditions of the dwelling-house has, in the opinion of the Court, deteriorated owing to acts of waste by or the neglect or default of the tenant or any such person; or
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(c) the tenant has given notice to quit, and in consequence of that notice the landlord has contracted to sell or let the dwelling-house or has taken any other steps as a result of which he would, in the opinion of the Court, be seriously prejudiced if he could not obtain possession; or
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(d) the dwelling-house is reasonably required by the landlord for occupation as a residence for himself, or for any person bona fide residing or to reside with him or for some person in his whole time employment or in the whole time employment of some tenant from him, and in the opinion of the Court greater hardship would, owing to the special circumstances of the case, be caused by refusing the order for possession than by granting it; or
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(e) the dwelling-house is reasonably required for the purpose of the execution of the duties, powers or requirements of any Government Department, or of the statutory duties, powers or requirements of any local authority or statutory undertaking;
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and, in any such case as aforesaid, the Court considers it reasonable to make such an order or give such judgment:
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Provided that nothing hereinbefore contained shall be construed to prejudice the right of the landlord to obtain an order or judgment against a tenant for the recovery of possession of any dwelling-house or the ejectment of the tenant therefrom where such tenant has sub-let the dwelling-house, otherwise than for temporary convenience, to a sub-tenant who, or any person deriving title under such sub-tenant, will be entitled to retain possession of the dwelling-house under this section notwithstanding such order or judgment against such tenant.
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(2) An order or judgment against a tenant for the recovery of possession of any dwelling-house or ejectment therefrom under this section shall not affect the right of any sub-tenant to whom the premises or any part thereof have been lawfully sub-let before proceedings for recovery of possession or ejectment were commenced, to retain possession under this section, or be in any way operative against any such sub-tenant.
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(3) At the time of the application for or the making or giving of any order or judgment for the recovery of possession of any such dwelling-house, or for the ejectment of a tenant therefrom, or in the case of any such order or judgment which has been made or given, whether before or after the passing of this Act, and not executed at any subsequent time, the Court may adjourn the application, or stay or suspend execution on any such order or judgment, or postpone the date of possession, for such period or periods as it thinks fit, and subject to such conditions (if any) in regard to payment by the tenant of arrears of rent, or mesne profits and otherwise as the Court thinks fit, and if such conditions are complied with, the Court may, if it thinks fit, discharge or rescind any such order or judgment.
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(4) Where on the hearing of an application for an order or judgment for the recovery of possession of any such dwelling-house it shall appear to the Court that the landlord would be entitled to recover possession of such dwelling-house but for this Act the Court shall, if such order or judgment is refused on the ground that the tenant is entitled to retain possession of such dwelling-house by virtue of the provisions of this Act, make an order declaring that any tenancy of the tenant otherwise than by virtue of the provisions of this Act has terminated, and when making any such order as aforesaid may make an order as to the payment by the tenant of any arrears of rent (whether under the contract of tenancy or under this Act) due to the date of the order, and may on the application of either party at the hearing determine any question arising, or that in the opinion of the Court can there and then be conveniently determined, under this Act.
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(5) Notwithstanding anything in section fifteen of the Summary Jurisdiction (Ireland) Act, 1851, every warrant for delivery of possession of, or to enter and give possession of, any dwelling-house to which this Act applies, shall remain in force for three months from the day next after the last day named in the judgment or order for delivery of possession or ejectment, or, in the case of a warrant under the Summary Jurisdiction (Ireland) Act, 1851, from the date of the issue of the warrant, and in either case for such further period or periods, if any, as the Court shall from time to time, whether before or after the expiration of such three months, direct.
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(6) Where the landlord of any dwelling-house to which this Act applies has served a notice to quit on a tenant, the acceptance of rent by the landlord for a period not exceeding three months from the expiration of the notice to quit shall not be deemed to prejudice any right to possession of such premises, and, if any order for possession is made, any payment of rent so accepted shall be treated as mesne profits.
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(7) Where a landlord has obtained an order or judgment for possession or ejectment under this section, and it is subsequently made to appear to the Court that the order was obtained by misrepresentation or the concealment of material facts, the Court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by the tenant as a result of the order or judgment.
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(8) This section shall not apply to any dwelling-house let to a tenant during his continuance in any office, appointment, or employment, or for the temporary convenience, or to meet a temporary necessity, either of the landlord or tenant.
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(9) Nothing in this Act shall prevent a Local Authority from obtaining possession of any house the possession of which is required by them for the purpose of exercising their powers under the Housing Acts or under any scheme made under those Acts.
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