Rent Restrictions Act, 1960

Reduction of rent owing to default of landlord in keeping controlled dwelling in repair.

15.—(1) The tenant or the sanitary authority may at any time apply to the Court on notice to the landlord for an order reducing the rent of any controlled dwelling to which Chapter 1 of Part II of the Act of 1946 applied on the ground that the dwelling is not in all respects in good and tenantable repair.

(2) Where any application is made under this section, the Court, on being satisfied that the dwelling is not in all respects in good and tenantable repair and on being further satisfied that the condition of the dwelling is wholly or mainly due to the failure of the landlord to carry out such repairs as he is by virtue of any covenant, agreement, or otherwise by operation of law (including this Act) bound to carry out, may order that the rent to be paid for the dwelling be reduced by such amount, not exceeding twenty per cent. of the lawful rent, as the Court thinks proper.

(3) For the purposes of this section, a certificate of the sanitary authority that the controlled dwelling to which the application relates is not in all respects in good and tenantable repair shall be prima facie evidence of the facts so certified.

(4) Where an order is made under subsection (2) of this section, the following provisions shall have effect:

(a) the order shall remain in force unless and until the Court, on the application of the landlord, being satisfied that all repairs, the neglect to carry out which was the ground for the making of the order, have been carried out, makes an order terminating the reduction;

(b) if, on any such application by the landlord, the Court refuses to make an order terminating the reduction and is satisfied that such repairs have wholly or mainly been rendered necessary by the persistent neglect or default of the landlord, the Court may, notwithstanding anything contained in this Act, order that the said reduced rent, or such other amount, not being less than eighty per cent. of the lawful rent, as the Court shall determine, shall be and continue to be the rent to be paid for the dwelling for such time as the Court thinks proper.

(5) On any application to a sanitary authority for a certificate for the purposes of this section, a fee of five shillings shall be payable, but, where that fee has been paid by the tenant, the Court may order that he shall be entitled to deduct it from any subsequent payment of rent.

(6) In this section the expression “sanitary authority” means the sanitary authority under the Local Government (Sanitary Services) Acts, 1878 to 1952.