Rent Restrictions Act, 1960

Application by landlord or tenant in relation to provisional order.

23.—(1) The landlord or the tenant of any dwelling in respect of which a provisional order has been made may, within one month after the service of a copy of the provisional order upon him, apply to the District Court to revoke or modify the terms of the provisional order, and thereupon the following provisions shall have effect:

(a) if on the hearing of the application it appears to the Court that the dwelling is not a small controlled dwelling, the Court shall, subject to paragraph (a) of subsection (2) of this section, revoke the provisional order with effect retrospectively from the date of the making thereof;

(b) in any other case, the Court may, as it thinks proper—

(i) by order confirm the terms of the provisional order with or without modification, or

(ii) revoke the provisional order and make such new order in relation to the dwelling as the circumstances may require;

(c) if an order is made under paragraph (b) of this subsection, then, as and from the making thereof and notwithstanding anything in any other provision of this Act—

(i) the said order shall have effect as the final determination of the District Court in respect of the matters to which the said order relates,

(ii) the provisional order shall cease to be in force, and

(iii) for the purpose of the application of section 13 of this Act, the tenant shall be deemed to have entered into an agreement with the landlord to pay in respect of the dwelling a rent equal to the lawful rent of the dwelling as determined by the said order made under paragraph (b) of this subsection;

(d) on the hearing of the application the Court may make an order for the payment, in such manner as the Court may direct, of any amount due by either party to the other in relation to the dwelling, whether on account of rent or under any provision of this Act.

(2) Where, on the application under this section of a landlord, a provisional order is revoked or modified under subsection (1) of this section on the ground of information (in the form of evidence adduced by or on his behalf) which he refused or neglected to supply pursuant to a notice served on him under paragraph (b) of subsection (1) of section 21 of this Act—

(a) the Court shall not give retrospective effect to the revocation or modification, as the case may be, of the order, and

(b) unless the Court for good cause orders otherwise, costs shall be awarded against the landlord and, if a valuer, who pursuant to section 28 of this Act made a report relating to the relevant dwelling, attended at the hearing of the application, the landlord shall be ordered to pay in respect of his attendance such fee as the Court may fix.

(3) The costs of the parties in an application under this section shall, subject to paragraph (b) of subsection (2) of this section, be in the discretion of the Court, but no costs shall be awarded against the tenant in any case in which it is proved that the existing rent was higher than the lawful rent.

(4) If, on an appeal by the landlord to the Circuit Court against an order made by the District Court under this section, the Circuit Court certifies that having regard to all the circumstances of the case it is proper that the whole or a specified part of the amount for which the tenant is liable in respect of the costs of the appeal (including the tenant's own costs and the costs (if any) which, under the order of the Court, the tenant is liable to pay to the landlord) shall be defrayed out of State funds, the Minister shall defray out of moneys provided by the Oireachtas the amount of the costs in respect of which it has been so certified.