Rent Restrictions Act, 1960

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PART II.

Restriction of Rent of Controlled Dwellings.

Chapter 1.

Lawful Rent of Controlled Dwellings.

Basic rent of certain controlled dwellings.

7.—(1) This section applies to—

(a) a controlled dwelling in respect of which evidence is forthcoming of both of the following facts—

(i) that it was on the operative date (in this section referred to as the relevant date) held by an occupying tenant thereof under a contract of tenancy not being for more than a term of five years or under a statutory tenancy (within the meaning of the Act of 1946), and

(ii) the rent at which it was so held;

(b) a controlled dwelling in respect of which evidence is forthcoming of all the following facts—

(i) that it was not so held on the operative date,

(ii) that it was last so held on a date (in this section also referred to as the relevant date) during the period of three years ending on the operative date, and

(iii) the rent at which it was so held.

(2) The basic rent of a controlled dwelling to which this section applies shall be—

(a) in the case of a dwelling specified in the Schedule attached to the Agreement entered into on the 6th day of October, 1960, between the Dublin Artisans' Dwellings Company Limited and the Dublin Artisans' Dwellings Tenants Association and deposited in the Public Record Office—the rent specified in the third column of that Schedule in respect of the dwelling, and

(b) in any other case—the net rent at which it was held on the relevant date.

(3) For the purposes of this section, the net rent at which a controlled dwelling was held on the relevant date shall be taken to be—

(a) in case the landlord at the relevant date habitually paid or allowed a deduction or set-off against, or indemnified the tenant in respect of, the rates or any part thereof, the rent payable at that date less the amount of the payment, allowance, deduction, set-off or indemnity (as the case may be);

(b) in any other case, the rent payable at that date.