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

Conditions of statutory tenancy.

6.—(1) A tenant who by virtue of the provisions of this Act retains possession of any dwelling-house to which this Act applies shall, so long as he retains possession, observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as the same are consistent with the provisions of this Act, and shall be entitled to give up possession of the dwelling-house only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required, on giving not less than three months' notice:

Provided that, notwithstanding anything in the contract of tenancy, a landlord shall not, for the purpose of exercising any right under this Act or any right exercisable on or after the expiration of this Act, be required to give any notice to quit to a tenant retaining possession by virtue of the provisions of this Act.

(2) Any tenant retaining possession as aforesaid shall not as a condition of giving up possession ask or receive the payment of any sum, or the giving of any other consideration, by any person other than the landlord, and any person acting in contravention of this provision shall be liable on summary conviction to a fine not exceeding one hundred pounds, and the Court by which he was convicted may order any such payment or the value of any such consideration to be paid to the person by whom the same was made or given, but any such order shall be in lieu of any other method of recovery prescribed by this Act.

(3) Where the interest of the tenant of a dwelling-house to which this Act applies is determined, either as the result of an order or judgment for possession or ejectment, or for any other reason, any sub-tenant to whom the premises or any part thereof have been lawfully sub-let shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord on the same terms, but as tenant retaining possession by virtue of the provisions of this Act, as he would have held from the tenant if the tenancy had continued.

(4) It shall be deemed to be a condition of the tenancy of a tenant who by virtue of the provisions of this Act retains possession of any dwelling-house to which this Act applies—

(a) that the tenant shall afford to the landlord access thereto for the purpose of viewing the condition and state of repair of the dwelling-house and shall afford all reasonable facilities for executing therein any repairs which the landlord is entitled to execute;

(b) that the tenant will not assign the dwelling-house or any part thereof without the consent in writing of the landlord;

(c) that the landlord shall be responsible for any repairs for which the tenant is under no express liability or liability implied under section forty-two of the Landlord and Tenant Law Amendment Act (Ireland), 1860 .