Housing (Private Rented Dwellings) Act, 1982

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PART II

Tenancies of Certain Dwellings

Interpretation ( Part II ).

7.—(1) In this Part, except where the context otherwise requires—

“the Act of 1980” means the Landlord and Tenant (Amendment) Act, 1980 ;

“dwelling to which section 8 (1) relates” means a dwelling to which, by virtue of that provision, this Part applies;

“improvement” means any addition to or alteration of a dwelling carried out by the tenant or any of his predecessors in title on or after the 31st day of December, 1960, which adds to the letting value of the dwelling and includes any addition or alteration connected with the provision of any services to the dwelling, but does not include work of repairing (except where such work was the responsibility of the landlord and he failed to carry out the work), painting and decorating or any of them;

“tenant” means the person for the time being entitled to the possession of a dwelling to which section 8 (1) relates and includes a person—

(a) who would, at the commencement of this Act, be the tenant of the dwelling if the Rent Restrictions Act, 1960 , and the Rent Restrictions (Amendment) Act, 1967 , had full force and effect at all times from their passing until such commencement, and

(b) who is in possession of the dwelling at such commencement, and

(c) whose tenancy is not a tenancy in respect of which an order for possession has been made under section 5 of the Rent Restrictions (Temporary Provisions) Act, 1981 .

(2) For the purposes of this Part, a person shall be deemed to be a member of the family of a tenant if—

(a) such person is the tenant's father, mother, grandfather, grandmother, step-father, step-mother, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, nephew, niece, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, uncle or aunt;

or

(b) such person is adopted by the tenant under the Adoption Acts, 1952 to 1976, or is the illegitimate offspring of the tenant (being the mother or the reputed father of such offspring) or is a person who was in bona fide residence with the tenant for not less than six years before the tenant's death where the tenant was in loco parentis to that person.