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Controlled dwelling.
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3.—(1) Subject to subsection (2) of this section, this Act applies to every dwelling.
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(2) This Act does not apply to—
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(a) a dwelling the rateable valuation of which exceeds—
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(i) in case the dwelling is situate in the county borough of Dublin or the borough of Dún Laoghaire, sixty pounds,
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(ii) in any other case, forty pounds,
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(b) a dwelling erected after, or in course of being erected on, the 7th day of May, 1941,
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(c) a dwelling the letting of which is under the Labourers Acts, 1883 to 1958, or the Housing of the Working Classes Acts, 1890 to 1958,
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(d) a dwelling let at a rent (hereinafter called the reserved rent) which includes payments for board, attendance or the use of furniture, or for the supply to the dwelling of heat, hot water, fuel, electricity or any other commodity or for the rendering of any services in connection with the dwelling, unless, on apportionment of the reserved rent by the Court, the portion of the reserved rent which, in the opinion of the Court, is attributable to the dwelling alone equals or exceeds three quarters of the reserved rent, in which case the rent of the dwelling shall be taken, for the purposes of this Act, to be the portion of the reserved rent so attributable to the dwelling alone,
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(e) a house which at the commencement of this Act is occupied by the owner thereof for the purposes of his own residence, or thereafter becomes so occupied,
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(f) a house of which the landlord is, at the commencement of this Act, in possession or thereafter comes into possession and the rateable valuation whereof exceeds—
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(i) in case the house is situate in the county borough of Dublin or the borough of Dún Laoghaire, thirty pounds,
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(ii) in any other case, twenty-five pounds,
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(g) a dwelling which is a separate and self-contained flat forming part of any buildings which, after the commencement of this Act, were reconstructed by way of conversion into two or more separate and self-contained flats,
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(h) a dwelling let together with land other than the site of the dwelling, if the rateable valuation of the land exceeds the lesser of the following:
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(i) half the rateable valuation of the site including the building or buildings thereon, or
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(ii) (I) in case the dwelling is situate in the county borough of Dublin or the borough of Dún Laoghaire, ten pounds,
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(II) in any other case, five pounds.
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(3) The application of this Act to a dwelling forming part of a house (other than a house erected after, or in course of being erected on, the 7th day of May, 1941, or a house the letting of which is under the Labourers Acts, 1883 to 1958, or the Housing of the Working Classes Acts, 1890 to 1958) shall not be excluded by reason only of the fact that this Act does not apply to the house.
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(4) Where the rateable valuation of a dwelling is increased and thereby the valuation becomes a valuation which exceeds—
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(a) in case the dwelling is situate in the county borough of Dublin or the borough of Dún Laoghaire, sixty pounds, or
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(b) in any other case, forty pounds,
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this Act shall, notwithstanding paragraph (a) of subsection (2) of this section, continue to apply to the dwelling unless and until the landlord comes into possession thereof.
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(5) Where, immediately before the commencement of this Act,—
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(a) a dwelling stood let together with land other than the site of the dwelling, and
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(b) the Act of 1946 applied to the dwelling.
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this Act shall, notwithstanding paragraph (h) of subsection (2) of this section, apply to the dwelling unless and until the landlord comes into possession thereof.
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(6) In paragraph (e) of subsection (2) of this section “owner” includes a person having any estate or interest in the house except under a contract of tenancy not being for more than a term of twenty-one years.
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(7) In paragraph (f) of subsection (2) and in subsections (4) and (5) of this section “possession” means actual possession, and a landlord shall not be deemed to have come into possession by reason only of a change of tenancy made with his consent.
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