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

Jurisdiction of county and district courts.

18.—(1) A County Court shall have jurisdiction to deal with any claim or other proceedings arising out of this Act or any of the provisions thereof, and notwithstanding that by reason of the amount of claim or otherwise the case would not but for this provision be within the jurisdiction of a County Court, and, if a person takes proceedings under this Act in the High Court which he could have taken in the County Court, he shall not be entitled to recover any costs unless the Court on any special ground shall otherwise order.

(2)

(a) A District Court shall have jurisdiction to deal with any claim or other proceedings arising under this Act or any of the provisions thereof other than an application under section two sub-section four, or section three sub-section three of this Act, provided that any such claim or other proceedings arises or arise in respect of a dwelling-house of which the annual amount of the standard rent does not exceed twenty-six pounds or that the parties have consented in writing to its being so dealt with.

(b) Section fifteen of the Summary Jurisdiction (Ireland) Act, 1851, shall apply to any dwelling-house to which this Act applies and of which the tenant retains possession by virtue of the provisions of this Act as if the rent specified in that section were a rent not exceeding the rate of twenty-six pounds per annum exclusive of any increases permitted under this Act.

(3) Any person aggrieved by any determination of a District Court under this section may appeal in the prescribed manner to the County Court, and the decision of the County Court on such appeal shall be final and conclusive:

Provided that no appeal shall lie in any case where the parties have consented in writing that the decision of the District Justice shall be final and conclusive.

(4) A decision of the County Court as to any apportionment of rent or rateable value shall be final and conclusive.