Rent Restrictions Act, 1960

Provisions in relation to certain sublettings.

47.—(1) Where the tenant of a controlled dwelling (being a tenant under a contract of tenancy for a term not exceeding twenty-one years) sublets part of the dwelling solely for the purposes of any business, trade or profession, the landlord of the tenant may at any time while the subtenancy subsists, by not less than three months' notice expiring on any gale day served on the tenant, determine the tenancy of the tenant and thereupon—

(a) the subtenant shall become immediate tenant, of the part sublet to him, to such landlord on the same terms and conditions as those on which he previously held from the tenant, and

(b) the tenant shall become immediate tenant, of the remainder of the dwelling, to such landlord at so much of his former rent as is, on apportionment (to be made, in default of agreement, by the Court) attributable to such remainder and, subject thereto, on the same terms and conditions as he previously held the dwelling from such landlord.

(2) Where the tenant of a controlled dwelling (being a tenant under a contract of tenancy for a term not exceeding twenty-one years) retains and uses solely for the purposes of any business, trade or profession part of the dwelling and sublets the remainder so that it becomes a controlled dwelling, the landlord of the tenant may at any time while the subtenancy subsists, by not less than three months' notice expiring on any gale day served on the tenant, determine the tenancy of the tenant and thereupon—

(a) the subtenant shall become immediate tenant, of the part sublet to him, to such landlord on the same terms and conditions, but subject to this Act, as those on which he previously held from the tenant, and

(b) for the purposes of the Landlord and Tenant Act, 1931 , the tenant shall be deemed always to have held a tenancy in that part only of the dwelling which he retained and used solely for the purposes of any business, trade or profession and the references to a notice to quit in sections 19 and 24 of that Act shall be construed as references to the notice under this subsection.