S.I. No. 68/1946 - Rent Restrictions Act, 1946 (Forms) Regulations, 1946.

STATUTORY RULES AND ORDERS. 1946. No. 68.

RENT RESTRICTIONS ACT, 1946 (FORMS) REGULATIONS, 1946.

CONTENTS.

1. Short title.

2. Prescribing of forms.

SCHEDULE.

PART I.

CONTROLLED (1923 ACT) PREMISES.

Form No. 1 : Notice of Increase of Rent (Simple Form).

Form No. 2 : Notice of Reduction of Rent (Simple Form).

Form No. 3 : Notice of Increase of Rent.

(Form for use where there are lawful additions for improvements, structural alterations or exceptional repairs).

Form No. 4 : Notice of Reduction of Rent.

(Form for use where there are lawful additions for improvements, structural alterations or exceptional repairs).

PART II.

CONTROLLED (NON-1923 ACT) PREMISES.

Form No. 5 : Notice of Increase of Rent (Simple Form).

Form No. 6 : Notice of Reduction of Rent (Simple Form).

Form No. 7 : Notice of Increase of Rent.

(Form for use where there are lawful additions for improvements, structural alterations, reconstruction or repairs).

Form No. 8 : Notice of Reduction of Rent.

(Form for use where there are lawful additions for improvements, structural alterations, reconstruction or repairs).

STATUTORY RULES AND ORDERS.

1946. No. 68.

RENT RESTRICTIONS ACT, 1946 (FORMS) REGULATIONS, 1946.

I, GERALD BOLAND, Minister for Justice, in exercise of the powers conferred on me by section 53 of the Rent Restrictions Act, 1946 (No. 4 of 1946), hereby make the following regulations :

1. These regulations may be cited as the Rent Restrictions Act, 1946 (Forms) Regulations, 1946.

2. The forms set out in the Schedule to these regulations are hereby prescribed for the purposes of the Rent Restrictions Act, 1946 (No. 4 of 1946).

SCHEDULE.

PART I.

Form No. 1.

THIS FORM IS FOR USE WHERE THERE ARE NO LAWFUL ADDITIONS, OTHER THAN THE ORDINARY ADDITIONS FOR RATES AND REPAIRS. FORM No. 3 SHOULD BE USED WHERE THERE ARE OTHER LAWFUL ADDITIONS.

RENT RESTRICTIONS ACT, 1946 .

NOTICE OF INCREASE OF RENT.

CONTROLLED (1923 ACT) PREMISES.

Date..................................................

To............................................................ ...........

TAKE NOTICE that on and from the ...................................... day of ............................................ (See Note A), the rent to be paid by you as tenant of the above-named premises will be the rent of £   s.   d. per........................

This rent is calculated as follows :

(N.B.—If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly or other appropriate rate).

NOTES.

A : If the tenancy is a statutory tenancy, or if the rent claimed under this notice does not exceed the rent provided for in the tenancy agreement, seven clear days' notice must be given. In any other circumstances, such length of notice must be given as would be necessary for a notice to quit. (Section 20 (3)).

B : If the standard rent was fixed by the Court or by arbitration before 12th March, 1946 (Section 8), the method of calculating the basic rent must be set out hereunder as follows :

In any other case, the basic rent will be the amount fixed by the Court (Section 9).

C : If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (Section 11 (2) (a)).

D : If the landlord is responsible for the whole of the repairs, he is entitled to an amount not exceeding 1/12th of the basic rent ; if he is responsible for part only of the repairs, he is entitled to an amount not exceeding ½4th of the basic rent (unless the amount—which must not exceed 1/12th of the basic rent—has been fixed by the Court or by agreement between the parties). (Section 11 (2) (d)).

Signed............................................................ ........

Address............................................................ ....

............................................................ ....

Form No. 2.

THIS FORM IS FOR US WHERE THERE ARE NO LAWFUL ADDITIONS, OTHER THAN THE ORDINARY ADDITIONS FOR RATES AND REPAIRS. FORM No. 4 SHOULD BE USED WHERE THERE ARE OTHER LAWFUL ADDITIONS.

RENT RESTRICTIONS ACT, 1946 .

NOTICE OF REDUCTION OF RENT.

CONTROLLED (1923 ACT) PREMISES.

Date...................................................

To............................................................ ............

TAKE NOTICE that on and from the................day of...................(See Note A), the rent to be paid by me as tenant of the above-named premises will be the rent of £ s. d. per........................

This rent is calculated as follows :

(N.B.—If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly or other appropriate rate).

NOTES.

A : Seven clear days' notice must be given. (Section 20 (3)).

B : If the standard rent was fixed by the Court or by arbitration before 12th March, 1946 (Section 8), the method of calculating the basic rent must be set out hereunder as follows :

In any other case, the basic rent will be the amount fixed by the Court (Section 9).

C : If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (Section 11 (2) (a)).

D : If the landlord is responsible for the whole of the repairs, he is entitled to an amount not exceeding 1/12th of the basic rent ; if he is responsible for part only of the repairs, he is entitled to an amount not exceeding ½4th of the basic rent (unless the amount—which must not exceed 1/12th of the basic rent—has been fixed by the Court or by agreement between the parties). (Section 11 (2) (d)).

Signed............................................................ ........

Address ............................................................ ....

............................................................ ....

Form No. 3.

THIS FORM IS FOR USE WHERE LAWFUL ADDITIONS ARE CLAIMED FOR IMPROVMENTS, STRUCTURAL ALTERATIONS, OR EXCEPTIONAL REPAIRS.

RENT RESTRICTIONS ACT, 1946 .

NOTICE OF INCREASE OF RENT.

CONTROLLED (1923 ACT) PREMISES.

Date...................................................

To............................................................ ............

TAKE NOTICE that on and from the................day of...................(See Note A), the rent to be paid by you as tenant of the above-named premises will be the rent of £ s. d. per........................

This rent is calculated as follows :

(N.B.—If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly or other appropriate rate).

NOTES.

A : If the tenancy is a statutory tenancy, or if the rent claimed under this notice does not exceed the rent provided for in the tenancy agreement, seven clear days' notice must be given. In any other circumstances, such length of notice must be given as would be necessary for a notice to quit. (Section 20 (3))

B: If the standard rent was fixed by the Court or by arbitration before 12th March, 1946 (Section 8), the method of calculating the basic rent must be set out hereunder as follows :

In any other case, the basic rent will be the amount fixed by the Court. (Section 9).

C : If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity. (Section 11 (2) (a)).

D : If the landlord is responsible for the whole of the repairs, he is entitled to an amount not exceeding ½4th of the basic rent ; if he is responsible for part only of the repairs, he is entitled to an amount not exceeding ½4th of the basic rent (unless the amount—which must not exceed 1/12th of the basic rent—has been fixed by the Court or by agreement between the parties). (Section 11 (2) (d)).

E : The landlord is entitled to 8 per cent. per annum of any amount expended by him on improvements and structural alterations (excluding decoration and repairs)—

(i) since 4th August, 1914, if the standard rent was fixed by the Court or by arbitration before 12th March, 1946, or,

(ii) in any other case, since the date of the institution of the proceedings in which the basic rent was determined. (Section 11 (2) (b) (f)).

Particulars must be set out hereunder.

Date............................................................ ............

F : The landlord is entitled to 8 per cent. per annum of any amount expended by him on repairs of the kind described—

(i) since 12th March, 1946, if the standard rent was fixed by the Court or by arbitration before that date, or,

(ii) in any other case, since the date of the institution, of the proceedings in which the basic rent was determined. (Section 11 (2) (c)).

Particulars must be set out hereunder.

G: The landlord is entitled (Section 11 (2) (e) (g)) to 15 per cent. of so much of his expenditure on putting the premises into a reasonable state of repair in the year or any group of years mentioned below as exceeds:—

Particulars must be set out hereunder.

(N.B.—The amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1944, must not be reckoned as part of any amount expended on improvements, structural alterations or repairs—(Section 11 (3)).

Signed............................................................ ..........

Address............................................................ .......

............................................................ .....

Form No. 4.

THIS FORM IS FOR USE WHERE THERE ARE LAWFUL ADDITIONS FOR IMPROVEMENTS STRUCTURAL ALTERATIONS OR EXCEPTIONAL REPAIRS.

RENT RESTRICTIONS ACT, 1946 .

NOTICE OF REDUCTION OF RENT.

CONTROLLED (1923 ACT) PREMISES.

Date....................................................

To............................................................ ............

TAKE NOTICE that on and from the................day of....................(See Note A), the rent to be paid by me as tenant of the above-named premises will be the rent of £ s. d. per........................

This rent is calculated as follows :

(N.B.—If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly, or other appropriate rate).

NOTES.

A : Seven clear days' notice must be given (Section 20 (3)).

B : If the standard rent was fixed by the Court or by arbitration before 12th March, 1946 (Section 8), the method of calculating the basic rent must be set out hereunder as follows :

In any other case, the basic rent will be the amount fixed by the Court (Section 9).

C : If the landlord pays or allows a deduction or set-off against or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (Section 11 (2) (a)).

D : If the landlord is responsible for the whole of the repairs, he is entitled to an amount not exceeding 1/12th of the basic rent ; if he is responsible for part only of the repairs, he is entitled to an amount not exceeding ½4th of the basic rent (unless the amount—which must not exceed 1/12th of the basic rent—has been. fixed by the Court or by agreement between the parties) (Section 11 (2) (d)).

E : The landlord is entitled to 8 per cent. per annum of any amount expended by him on improvements and structural alterations (excluding decoration and repairs)—

(i) since 4th August, 1914, if the standard rent was fixed by the Court or by arbitration before 12th March, 1946, or,

(ii) in any other case, since the date of the institution of the proceedings in which the basic rent was determined (Section 11 (2) (b) (f)).

F : The landlord is entitled to 8 per cent. per annum of any amount expended by him on repairs, wholly or mainly rendered necessary owing to acts of waste by, or the neglect or default of, the tenant or any person residing with him or any of his lodgers or subtenants, and so expended—

(i) since 12th March, 1946, if the standard rent was fixed by the Court or by arbitration before that date, or,

(ii) in any other case, since the date of the institution of the proceedings in which the basic rent was determined (Section 11 (2) (c)).

G: The landlord is entitled (Section 11 (2) (e) (g)) to 15 per cent. per annum of so much of his expenditure on putting the premises into a reasonable state of repair in the year or any group of years mentioned below as exceeds :—

Signed............................................................ .......

Address............................................................ ....

............................................................ ....

PART II.

Form No. 5.

THIS FORM IS FOR USE WHERE THERE IS NO LAWFUL ADDITION EXCEPT FOR RATES.

FORM No. 7 SHOULD BE USED WHERE THERE ARE OTHER LAWFUL ADDITIONS.

RENT RESTRICTIONS ACT, 1946 .

NOTICE OF INCREASE OF RENT.

CONTROLLED (NON-1923 ACT) PREMISES.

Date..............................................

To............................................................ .......

TAKE NOTICE that on and from the................day of....................(See Note A) the rent to be paid by you as tenant of the above-named premises will be the rent of £ s. d. per........................

This rent is calculated as follows :

(N.B.—If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly or other appropriate rate).

Signed............................................................ ......

Address............................................................ ......

............................................................ ......

NOTES.

A : If the tenancy is a statutory tenancy, or if the rent claimed under this notice does not exceed the rent provided for in the tenancy agreement, seven clear days' notice must be given. In any other circumstances, such length of notice must be given as would be necessary for a notice to quit (Section 20 (3)).

B : The basic rent is determined as follows :

(i) If the rent paid on 7th May, 1941 (by an occupying tenant under a contract of tenancy for a term not exceeding 5 years), is known, then, that rent (or, if the landlord at that time paid the rates, that rent less the amount of the rates) will be the basic rent (Section 14).

(ii) If the premises were not let on 7th May, 1941, under the conditions mentioned in paragraph (i), then, the rent (if known) at which they were last let within the five years preceding 7th May, 1941 (under similar conditions), will (subject to a like deduction for rates paid by the landlord) be the basic rent (Section 14).

(iii) The basic rent so arrived at may, however, be revised by the Court in certain cases where the Court regards it as too high or too low (Section 15).

(iv) In all other cases, the basic rent must be fixed by the Court (Section 16).

C : If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (Section 17 (2) (a)).

Form No. 6.

THIS FORM IS FOR USE WHERE THERE IS NO LAWFUL ADDITION EXCEPT FOR RATES. FORM No. 8 SHOULD BE USED WHERE THERE ARE OTHER LAWFUL ADDITIONS.

RENT RESTRICTIONS ACT, 1946 .

NOTICE OF REDUCTION OF RENT.

CONTROLLED (NON-1923 ACT) PREMISES.

Date...........................................

To............................................................ ..........

TAKE NOTICE that on and from the................day....................of (See Note A), the rent to be paid by me as tenant of the above-named premises will be the rent of £ s. d. per........................

This rent is calculated as follows:

(N.B.—If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly or other appropriate rate).

Signed............................................................ ........

Address............................................................ ........

............................................................ ........

NOTES.

A : Seven clear days' notice must be given (Section 20 (3) ).

B : The basic rent is determined as follows :

(i) If the rent paid on 7th May, 1941 (by an occupying tenant under a contract of tenancy for a term not exceeding 5 years), is known, then, that rent (or, if the landlord at that time paid the rates, that rent less the amount of the rates) will be the basic rent (Section 14).

(ii) If the premises were not let on 7th May, 1941, under the conditions mentioned in paragraph (i), then, the rent (if known) at which they were last let within the five years preceding 7th May, 1941 (under similar conditions), will (subject to a like deduction for rates paid by the landlord) be the basic rent (Section 14).

(iii) The basic rent so arrived at may, however, be revised by the Court in certain cases where the Court regards it as too high or too low (Section 15).

(iv) In all other cases, the basic rent must be fixed by the Court (Section 16).

C : If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (Section 17 (2) (a)).

Form No. 7.

THIS FORM IS FOR USE WHERE THERE ARE LAWFUL ADDITIONS FOR IMPROVEMENTS, STRUCTURAL ALTERATIONS, RECONSTRUCTION OR REPAIRS.

RENT RESTRICTIONS ACT, 1946 .

NOTICE OF INCREASE OF RENT.

CONTROLLED (NON-1923 ACT) PREMISES.

Date................................................

To............................................................ ..........

TAKE NOTICE that on and from................the day of..................(See Note A), the rent to be paid by you as tenant of the above-named premises will be the rent of £ s. d.  per..............................

This rent is calculated as follows :

(N.B.—If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly or other appropriate rate).

NOTES.

A: If the tenancy is a statutory tenancy, or if the rent claimed under this notice does not exceed the rent provided for in the tenancy agreement, seven clear days' notice must be given. In any other circumstances, such length of notice must be given as would be necessary for a notice to quit. (Section 20(3)).

B: The basic rent is determined as follows :

(i) If the rent paid on 7th May, 1941 (by an occupying tenant under a contract of tenancy for a term not exceeding 5 years), is known, then, that rent (or, if the landlord at that time paid the rates, that rent less the amount of the rates) will be the basic rent. (Section 14).

(ii) If the premises were not let on 7th May, 1941, under the conditions mentioned in paragraph (i), then, the rent (if known) at which they were last let within the five years preceding 7th May, 1941 (under similar condition), will (subject to a like deduction for rates paid by the landlord) be the basic rent. (Section 14).

(iii) The basic rent so arrived at may, however, be revised by the Court in certain cases where the Court regards it as too high or too low. (Section 15).

(iv) In all other cases, the basic rent must be fixed by the Court. (Section 16).

C: If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity. (Section 17(2) (a)).

D: The landlord is entitled to 8 per cent. per annum of any amount expended by him on improvements and structural alterations (excluding decoration and repairs) and so expended—

(i) if the basic rent was fixed by reference to the actual rent paid on a particular date (see Note B),—since that date, or,

(ii) if the basic rent was fixed by the Court,—since the date of the institution of the proceedings in which it was fixed. (Section 17(2)(b)(d).

Particulars must be set out hereunder.

E: The landlord is entitled to 8 per cent, per annum of any amount expanded by him on repairs of the kind described and so expended—

(i) if the basic rent was fixed by reference to the actual rent paid on a particular date (see Note B),— since that date, or,

(ii) if the basic rent was fixed by the Court,—since the date of the institution of the proceedings in which it was fixed. (Section 17(2)(c)).

Particulars must be set out hereunder.

F: The landlord is entitled to 15 per cent. per annum of so much of his expenditure on putting the premises into a reasonable state of repair in any of the following groups of years—1945-46, 1946-48, 1947-48, 1948-49, 1949-50—as exceeds 2/3rds of the basic rent. (Section 17(2)(e)).

Particulars must be set out hereunder.

G: If the premises consist of a separate and self-contained flat or tenement, forming part of any building bona-fide reconstructed since 7th May, 1941 (or being bona-fide reconstructed on that date), by way of conversion into two or more such flats or tenements, the landlord is entitled to 8 per cent. per annum of a proportionate part of the expenditure on that reconstruction, based on the proportion which the rateable valuation of the flat or tenement bears to the rateable valuation of the entire building. (Section 17(2)(f)).

Particulars must be set out hereunder.

(N.B.—The amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1944, must not be reckoned as part of any amount expended on improvements, structural alterations, or repairs.—Section 17(3)).

Signed............................................................ ........

Address............................................................ ........

............................................................ ........

Form No. 8.

THIS FORM IS FOR USE WHERE THERE ARE LAWFUL ADDITIONS FOR IMPROVEMENTS STRUCTURAL ALTERATIONS, RECONSTRUCTION OR REPAIRS.

RENT RESTRICTIONS ACT, 1946 .

NOTICE OF REDUCTION OF RENT.

CONTROLLED (NON-1923 ACT) PREMISES.

Date................................................

To............................................................ ..........

TAKE NOTICE that on and from the...............day of..................(See Note A), the rent to be paid by me as tenant of the above-named premises will be the rent of £ s. d. per............................

This rent is calculated as follows :

(N.B.—If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly or other appropriate rate).

Signed............................................................ .....

Address............................................................ .....

............................................................ .....

NOTES.

A: Seven clear days' notice must be given. (Section 20 (3)).

B: The basic rent is determined as follows :

(i) If the rent paid on 7th May, 1941 (by an occupying tenant under a contract of tenancy for a term not exceeding 5 years), is known, then, that rent(or, if the landlord at that time paid the rates, that rent less the amount of the rates) will be the basic rent. (Section 14).

(ii) If the premises were not let on 7th May, 1941, under the conditions mentioned in paragraph (i) then, the rent (if known) at which they were last let within the five years preceding 7th May, 1941 (under similar conditions), will (subject to a like deduction for rates paid by the landlord) be the basic rent. (Section 14).

(iii) The basic rent so arrived at may, however, be revised by the Court in certain cases where the Court regards it as too high or too low. (Section 15).

(iv) In all other cases, the basic rent must be fixed by the Court. (Section 16).

C: If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity. (Section 17(2) (a)).

D: The landlord is entitled to 8 per cent. per annum of any amount expended by him on improvements and structural alterations (excluding decoration and repairs) and so expended—

(i) if the basic rent was fixed by reference to the actual rent paid on a particular date (see Note B),—since that date, or,

(ii) if the basic rent was fixed by the Court,—since the date of the institution of the proceedings in which it was fixed. (Section 17(2)(b)(d) ).

E: The landlord is entitled to 8 per cent. per annum of any amount expended by him on repairs, wholly or mainly rendered necessary owing to acts of waste by, or the neglect or default of, the tenant or any person residing with him or any of his lodgers or subtenants, and so expended—

(i) if the basic rent was fixed by reference to the actual rent paid on a particular date (see Note B),—since that date, or,

(ii) if the basic rent was fixed by the Court,—since the date of the institution of the proceedings in which it was fixed. (Section 17(2)(c)).

F: The landlord is entitled to 15 per cent. per annum of so much of his expenditure on putting the premises into a reasonable state of repair in any of the following groups of years—1945-46, 1946-47, 1947-48, 1948-49, 1949-50—as exceeds 2/3rds of the basic rent. (Section 17(2) (e)).

G: If the premises consist of a separate and self-contained flat or tenement, forming part of any buildings bona-fide reconstructed by the landlord since 7th May, 1941 (or being bona-fide reconstructed on that date), by way of conversion into two or more such flats or tenements, the landlord is entitled to 8 per cent. per annum of a proportionate part of the expenditure on that reconstruction, based on the proportion which the rateable valuation of the flat or tenement bears to the rateable valuation of the entire buildings. (Section 17(2)(f)).

GIVEN under my Official Seal this 22nd day of March, 1946.

(Signed) GERALD BOLAND,

Minister for Justice.