Rent Restrictions (Temporary Provisions) Act, 1981

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Recovery of possession of controlled dwelling.

5.—(1) While this Act is in force and subject to subsection (3), an order for the recovery of possession of a controlled dwelling shall not be made unless the Court considers it reasonable to make the order and—

(a) any rent due from the tenant has not been paid, or any other obligation of the tenancy has been broken or not performed, or

(b) any person (being the tenant, any individual residing with the tenant, or any of the tenant's lodgers or subtenants) has been guilty of conduct which is a nuisance or annoyance to the landlord or his agent, or to adjoining occupiers, or has used the dwelling or allowed the dwelling to be used for an immoral or illegal purpose (whether or not he has been convicted of so using it or allowing it to be so used), or

(c) the condition of the dwelling has, in the opinion of the Court, deteriorated owing to acts of waste by or the neglect or default of any such person, or

(d) the tenant has given notice to quit, and in consequence of that notice the landlord has contracted to sell or let the dwelling or has taken any other steps as a result of which he would, in the opinion of the Court, be seriously prejudiced if he could not obtain possession, or

(e) the dwelling is reasonably required by the landlord for occupation as a residence for himself or any person bona fide residing or to reside with him and either—

(i) in the opinion of the Court greater hardship would, owing to the special circumstances of the case, be caused by refusing the order for possession than by granting it, or

(ii) the Court is satisfied that alternative accommodation, reasonably suitable to the residential and other needs of the tenant and his family, is available in a controlled dwelling, or

(f) the dwelling is reasonably required by the landlord for occupation as a residence for some person in his whole time employment, and the Court is satisfied that alternative accommodation, reasonably suitable to the residential and other needs of the tenant and his family, is available in a controlled dwelling, or

(g) the dwelling is bona fide required by the landlord for occupation as a residence for some person who holds a controlled dwelling as a tenant of the landlord and has so held it for a period of not less than twelve months and the Court is satisfied—

(i) that alternative accommodation in that controlled dwelling is or will be available, and

(ii) that the alternative accommodation is reasonably suitable to the residential and other needs of the tenant from whom it is proposed to recover possession, or

(h) the dwelling is reasonably required for the purpose of the execution of the duties, powers or requirements of a Minister of the Government or the Land Commission or the Commissioners of Public Works in Ireland or a local authority or statutory undertaker, or

(i) the landlord is suffering financial stringency which arose since he acquired the dwelling and which can be relieved only by recovering possession of the dwelling with a view to its sale and he is prepared to pay by way of compensation to the tenant such sum as the Court considers proper, not exceeding three years' rent, or

(j) possession of the dwelling is required in the interest of good estate management or for the erection of further dwellings or for the erection or extension of premises used for any business, trade or profession and the landlord is prepared to pay by way of compensation to the tenant such sum, for the purpose of enabling the tenant, without incurring hardship, to secure appropriate alternative accommodation, as the Court considers proper, being not less than three years' rent, or

(k) the Court is satisfied, the dwelling being a dwelling in which the tenant is required by his contract of tenancy to carry on a business restricted in whole or in part to dealing in commodities produced or supplied by the landlord, that, owing to the unsuitability of the tenant or the manner in which the business is being carried on, the sales of those commodities are, or are likely to be, prejudicially affected.

(2) In considering whether it is reasonable to make an order for the recovery of possession of a controlled dwelling, the Court shall have regard to the extent, if any, to which the conduct of the landlord contributed to the existence of the grounds upon which he relies in support of his application for recovery of possession.

(3) Nothing in subsection (1) shall affect the right of the landlord to obtain an order against a tenant for the recovery of possession of any controlled dwelling where—

(a) the tenant has sublet the dwelling, otherwise than for temporary convenience, to a subtenant, and

(b) the subtenant or any person deriving title under him will be entitled to retain possession of the dwelling under this Act, notwithstanding the order against the tenant.

(4) Where—

(a) an order for the recovery of possession of a controlled dwelling has been made by virtue of paragraph (e), (f) or (g) of subsection (1),

(b) the tenant appeals against the order, and

(c) the appellate court is satisfied that the alternative accommodation which was offered and which was available at the time of the first hearing was reasonably suitable to the residential and other needs of the tenant and his family,

the following provisions shall have effect:

(i) the appellate court shall not have regard to whether or not any alternative accommodation is available at the time of the hearing of the appeal,

(ii) if the appellate court is satisfied that the alternative accommodation which was offered and which was available at the time of the first hearing has been kept available for the tenant and that the landlord has incurred expense or loss in keeping it available, the appellate court may order the tenant to pay to the landlord compensation for the expense or loss incurred between the date of the original order and the date of the appeal.

(5) In making a decision, pursuant to paragraph (e), (f) or (g) of subsection (1) or paragraph (c) of subsection (4), as to the suitability of alternative accommodation, the Court or the appellate court (as the case may be) shall, in particular, take into account the proximity of the accommodation to the place of work of the tenant and of the members of his family residing with him, the means of the tenant and of the members of his family residing with him and the extent and character of the accommodation.

(6) A sum by way of compensation referred to in paragraph (i) or (j) of subsection (1) shall be paid into Court for the tenant and the order for possession shall not be issued unless and until it is so paid.

(7) Where an order for recovery of possession of a controlled dwelling was made on or after the 18th day of April, 1980, and before the passing of this Act otherwise than for a reason specified in the foregoing provisions of this section, and the tenant was in possession of the dwelling on the 29th day of June, 1981, he shall be entitled to possession of the dwelling as the tenant thereof while this Act is in force, subject to any order made under this section.