Housing (Private Rented Dwellings) (Amendment) Act, 1983
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Fixing of terms of tenancies. |
5.—(1) The landlord or the tenant of a dwelling to which section 8 (1) of the Act of 1982 relates may, subject to subsection (2), at any time— | |
(a) apply to the Tribunal to fix the terms of the tenancy, or | ||
(b) where an order has been made under section 6 (1), apply to the housing authority in whose functional area the dwelling is situated to have the terms of the tenancy fixed by a rent officer, | ||
and the terms of the tenancy shall be determined by the Tribunal or the rent officer, as the case may be, and shall, subject to this Act, be binding on the landlord and the tenant unless new terms are fixed under this Act. | ||
(2) An application under subsection (1) may be made notwithstanding any agreement between the landlord and the tenant fixing the terms of the tenancy, whether such agreement was entered into before or after the commencement of this section. | ||
(3) (a) Where the terms of a tenancy of a dwelling have been or are, before or after the commencement of this section, fixed by the Court under the Act of 1982 or are fixed under this Act, an application under subsection (1) may not be made until the expiration of four years and nine months from the date on which the terms were so fixed except where the landlord has carried out improvements to the dwelling. | ||
(b) In this subsection “improvements” means any addition to or alteration of a dwelling which adds to the letting value of the dwelling and includes any addition or alteration connected with the provision of any services to the dwelling, but does not include work of repairing, decorating or normal maintenance. | ||
(4) If any dispute or question arises in the interpretation of a determination by the Tribunal or a rent officer under this Act, the Tribunal or the rent officer, as the case may be, shall, on the application of the landlord or the tenant, resolve the matter. | ||
(5) The landlord or tenant making an application under subsection (1) shall give one month's notice in writing to the other party of his intention to make the application. | ||
(6) No application may be made under section 12 (1) of the Act of 1982 after the commencement of this section. |