Rent Restrictions Act, 1946

Applications for provisional orders.

28.—(1) The tenant of premises which he claims to be small premises may apply to a District Justice assigned to the district in which the premises are situate for a provisional order fixing the lawful rent of the premises.

(2) Every application under this section shall be made by the tenant attending, in person or by agent, the District Court Clerk of the district court area in which the premises concerned are situate and furnishing particulars in support of his claim to the said District Court Clerk who shall record such particulars and refer the application as soon as may be to the appropriate District Justice.

(3) Any person who, in support of an application under this section, furnishes or causes to be furnished to the District Court Clerk particulars which are false or misleading in any material respect, shall, unless he proves that he acted innocently and without intent to deceive, be guilty of an offence under this section and shall, on summary conviction thereof, be liable to a fine not exceeding ten pounds.

(4) Where a person, not being a solicitor, acts as agent for any person on an application under this section directly or indirectly for or in expectation of reward or is remunerated directly or indirectly out of the funds of any body corporate or unincorporated body of persons of which the tenant is or was a member or to the funds of which he has been a subscriber, he shall be guilty of an offence under this subsection and shall, without prejudice to his liability to be convicted of any other offence of which he may be guilty, be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment.