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Conditions to be complied with on letting of house for habitation.
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114.—(1) Subject to subsection (2) of this section, in any contract entered into after the commencement of this section for letting for habitation a house at a rent not exceeding one hundred and thirty pounds per annum there shall, notwithstanding any stipulation to the contrary, be implied a condition that the house is at the commencement of the tenancy and an undertaking that the house will be kept by the landlord during the tenancy, in all respects reasonably fit for human habitation but nothing in this section shall affect the liability of the tenant or occupier of any such house for any wilful act or default of such tenant or occupier whereby the house is rendered other than reasonably fit for human habitation.
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(2) The condition and undertaking mentioned in subsection (1) of this section shall not be implied in any case in which—
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(a) a house is let for a term of not less than three years upon the terms that it be put by the lessee into a condition reasonably fit for habitation, and
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(b) the tenancy agreement is not determinable at the option of either the landlord or the tenant before the expiration of three years.
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(3) The Minister may by regulations vary the amount of the rent specified in subsection (1) of this section.
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(4) Where regulations are proposed to be made under subsection (3) of this section, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House.
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(5) In this section, “landlord” means any person who lets for habitation to a tenant any house under a contract to which this section applies, and includes his successor in title.
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