Rent Restrictions Act, 1960
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Revision of basic rent of controlled dwellings to which section 7 applies. |
8.—(1) (a) If, on an application to the Court under this subsection by the landlord of a controlled dwelling to which section 7 of this Act applies, not being a dwelling referred to in paragraph (a) of subsection (2) of that section, the Court is satisfied— | |
(i) that the basic rent of the dwelling falls short of, by an amount exceeding one-eighth of the basic rent, the rent (in this subsection referred to as the notional rent) which, if the premises were premises to which section 9 of this Act applies, would be determined by the Court as the basic rent thereof, and | ||
(ii) that the amount of the basic rent was affected by special circumstances, | ||
the basic rent of the dwelling shall be determined by the Court and shall be the amount which, in the opinion of the Court, represents the notional rent, and thenceforth the dwelling shall, without prejudice to the previous application thereto of paragraph (a) of section 16 of this Act, become a dwelling to which section 9 of this Act applies as if such determination had been made under that section. | ||
(b) In determining pursuant to paragraph (a) of this subsection the notional rent of a dwelling to which Chapter 1 of Part II of the Act of 1946 applied, “(being dwellings to which Chapter 1 of Part II of the Act of 1946 applied)” shall be regarded as being contained in subsection (2) of section 9 of this Act after “controlled dwellings” and, in determining as aforesaid the notional rent of any other dwelling, “(being dwellings to which Chapter 2 of Part II of the Act of 1946 applied)” shall be regarded as being so contained in that subsection. | ||
(2) (a) If, on an application to the Court under this subsection by the tenant of a controlled dwelling to which section 7 of this Act applies, not being a dwelling referred to in paragraph (a) of subsection (2) of that section, the Court is satisfied that the basic rent of the dwelling exceeds, by an amount exceeding one-eighth of the basic rent, the rent (in this subsection referred to as the notional rent) which, if the dwelling were a dwelling to which section 9 of this Act applies, would be determined by the Court as the basic rent thereof, the basic rent of the dwelling shall be determined by the Court and shall be the amount which, in the opinion of the Court, represents the notional rent, and thenceforth the dwelling shall, without prejudice to the previous application thereto of paragraph (a) of section 16 of this Act, become a dwelling to which section 9 of this Act applies as if such determination had been made under that section. | ||
(b) In determining pursuant to paragraph (a) of this subsection the notional rent of a dwelling— | ||
(i) the Court shall have regard to any amount expended on the improvement, structural alteration or repair of the dwelling which is an amount by reference to which a lawful addition within the meaning of the Act of 1946 has been obtained, and | ||
(ii) in the case of a dwelling of which the rateable valuation does not exceed ten pounds and which is a dwelling to which Chapter 1 of Part II of the Act of 1946 applied, “(being dwellings to which Chapter 1 of Part II of the Act of 1946 applied)” shall be regarded as being contained in subsection (2) of section 9 of this Act after “controlled dwellings” and, in the case of any other dwelling, “(being dwellings to which Chapter 2 of Part II of the Act of 1946 applied)” shall be regarded as being so contained in that subsection. | ||
(3) (a) If, on an application to the Court under this subsection by the tenant of a controlled dwelling, the Court is satisfied that the dwelling is a dwelling to which this subsection applies and that the basic rent of the dwelling exceeds the notional rent, the basic rent of the dwelling shall be determined by the Court and shall be the amount which, in the opinion of the Court, represents the notional rent, and thenceforth the dwelling shall, without prejudice to the previous application thereto of paragraph (a) of section 16 of this Act, become a dwelling to which section 9 of this Act applies as if such determination had been made under that section. | ||
(b) In this subsection— | ||
“dwelling to which this subsection applies” means a controlled dwelling— | ||
(i) to which section 7 of this Act applies, not being a dwelling referred to in paragraph (a) of subsection (2) of that section, | ||
(ii) with respect to which the basic rent (within the meaning of the Act of 1946) was fixed by section 8 of the Act of 1946 or was determined by the Court under that Act, and | ||
(iii) which was held by the tenant on the relevant date at a rent in excess of the lawful rent (within the meaning of the Act of 1946); | ||
“the notional rent” means, in relation to a dwelling,— | ||
(i) in case, at the relevant date, the landlord habitually paid or allowed a deduction or set-off against, or indemnified the tenant in respect of, the rates or any part thereof, the lawful rent (within the meaning of the Act of 1946) at that date less the amount of the payment, allowance, deduction, set-off or indemnity (as the case may be), | ||
(ii) in any other case, the lawful rent (within the meaning of the Act of 1946) at the relevant date; | ||
“the relevant date” has the same meaning as that expression has in section 7 of this Act. |