Local Government (Rates on Small Dwellings) Act, 1928

Increase of rent where owner rated.

6.—(1) Whenever a rate to which this Act applies is made by virtue of this Act on the owner of a small dwelling every gale of rent which becomes due and payable by an occupier of such small dwelling in respect of such small dwelling (whether together with or without other premises) during the twelve months hereinafter specified shall be increased by an amount which bears the same proportion to the amount of such rate as the period in respect of which such gale is payable bears to one year.

(2) The twelve months mentioned in the foregoing sub-section shall be the twelve months commencing at whichever of the following times is the later, that is to say, the expiration of one month from the making of the rate or the expiration of fourteen days from the furnishing in accordance with this Act to the owner of the small dwelling in relation to which the said twelve months are being calculated of particulars of such rate in respect of such small dwelling.

(3) All rent liable to be increased under this section shall as so increased be payable and recoverable in the same manner and by the same means as such rent would have been payable and recoverable if the same had not been so increased.

(4) Every contract not to increase a rent liable to be increased under this section or not to enforce the payment of such increase or to allow a deduction or set off against such increase or any part thereof or to indemnify the person liable to pay such increased rent against such increase or any part thereof or other wise operating to relieve the person liable to pay such increased rent from the payment of such increase or any part thereof shall be void.

(5) In the application of section 8 of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923) to a small dwelling the following provisions shall have effect, that is to say:—

(a) the word “rates” in paragraph (b) of sub-section (1) of the said section 8 shall not include a rate made by virtue of this Act on the owner of such small dwelling, and

(b) the amount by which the rent of such small dwelling is for the time being increased by virtue of this section shall be reckoned and included in the calculation under the said section 8 of the amount by which the rent of such small dwelling may exceed the standard rent.