Increase of Rent and Mortgage Interest (Restrictions) Act, 1923
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Permitted increases of rent. |
8.—(1) The amount by which the increased rent of a dwelling-house to which this Act applies may exceed the standard rent shall, subject to the provisions of this Act, be as follows, that to say:— | |
(a) Where the landlord has since the fourth day of August nineteen hundred and fourteen incurred, or hereafter incurs, expenditure on the improvement or structural alteration of the dwelling-house (not including expenditure on decoration or repairs), an amount calculated at a rate per annum not exceeding six, or, in the case of such expenditure incurred after the second day of July, nineteen hundred and twenty, eight per cent. of the amount so expended: | ||
Provided that the tenant may apply to the Court for an order disallowing or reducing such increase on the ground that such expenditure is or was unnecessary in whole or in part, and the Court may make an order accordingly: | ||
(b) An amount not exceeding the amount for the time being payable by the landlord in respect of the rates chargeable, or which but for the provisions of any Act would be chargeable, on the occupier: | ||
(c) In addition to any such amounts as aforesaid:— | ||
(i) where the landlord is responsible for the whole of the repairs and has since the third day of August nineteen hundred and fourteen expended an amount not less in the aggregate than one half of the standard rent an amount not exceeding ten per cent. of the standard rent; or | ||
(ii) where the landlord is responsible for part and not the whole of the repairs and has so carried out repairs since the third day of August nineteen hundred and fourteen such lesser amount as may be agreed, or as may, on the application of the landlord or the tenant, be determined by the Court to be fair and reasonable having regard to such liability: | ||
Provided that pending any such agreement or application the amount shall be an amount not exceeding five per cent. of the standard rent; and | ||
(iii) in addition to any amount under this or the preceding paragraph, where in the year nineteen hundred and twenty-two the landlord has expended an amount exceeding one-third of the standard rent, or during the period of the two years 1923 and 1924 shall have expended an amount exceeding two-thirds of the standard rent, on putting the dwelling-house into a reasonable state of repair, an amount not exceeding fifteen per cent. of such excess or excesses of expenditure: | ||
(d) In further addition to any such amounts as aforesaid, an amount not exceeding ten per centum of the standard rent: | ||
(2) At any time or times after the date of any increase permitted by paragraph (c) of the foregoing sub-section, the tenant or the sanitary authority may apply to the Court for an order suspending such increase, and also any increase under paragraph (d) of that sub-section, on the ground that the house is not in all respects in a reasonable state of repair. | ||
The Court on being satisfied by the production of a certificate of the sanitary authority or such other evidence as to the Court shall seem reasonable that any such ground as aforesaid is established, and on being further satisfied that the condition of the house is not due to the tenant's neglect or default or breach of agreement, shall order that increase to be suspended until the Court is satisfied that the necessary repairs (other than the repairs, if any, for which the tenant is liable) have been executed, and on the making of such order the increase shall cease to have effect until the Court is so satisfied. | ||
(3) Any transfer to a tenant of any burden or liability previously borne by the landlord shall, for the purposes of this Act, be treated as an alteration of rent, and where, as the result of such a transfer, the terms on which a dwelling-house is held are on the whole less favourable to the tenant than the previous terms, the rent shall be deemed to be increased, whether or not the sum periodically payable by way of rent is increased, and any increase of rent in respect of any transfer to a landlord of any burden or liability previously borne by the tenant where, as the result of such transfer, the terms on which any dwelling-house is held are, on the whole, not less favourable to the tenant than the previous terms, shall be deemed not to be an increase of rent for the purposes of this Act: Provided that, for the purpose of this section, the rent shall not be deemed to be increased where the liability for rates is transferred from the landlord to the tenant, if a corresponding reduction is made in the rent. | ||
(4) On any application to a sanitary authority for a certificate or report under this section a fee of five shillings shall be payable, but, if the authority as the result of such application issues such a certificate as aforesaid, the tenant shall be entitled to deduct the fee from any subsequent payment of rent. | ||
(5) For the purposes of this section, the expression “repairs” means any repairs required for the purpose of keeping premises in good and tenantable repair, and any premises in such a state shall be deemed to be in a reasonable state of repair, and the landlord shall be deemed to 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 . | ||
(6) Where owing to the default of the landlord any dwelling-house to which this Act applies is not in a reasonable state of repair, the Court may order the landlord to pay to the tenant such compensation, not exceeding an amount equal to the annual amount of the standard rent, as to the Court seems just, provided that:— | ||
(a) The right of the tenant to obtain relief under this sub-section shall not prejudice his right to seek relief in any other form of proceedings; | ||
(b) If at the time of the application for or the making of any order under this sub-section the landlord shall undertake to put the dwelling-house into a reasonable state of repair the Court may adjourn the application, or stay or suspend execution on any such order, and if the undertaking is fulfilled the Court may discharge such order; | ||
(c) Any sum awarded to a tenant for compensation under this sub-section shall be expended on suitable repairs to the dwelling-house, and any order awarding compensation may be made subject to any conditions that the Court shall think fit to impose for the purpose of ensuring such expenditure as aforesaid. |