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Application of the Act.
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3.—(1) This Act shall subject to the provisions of this section apply to a house or a part of a house let as a separate dwelling, where either the annual amount of the standard rent or the rateable value does not exceed:—
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(a) in the county borough of Dublin and the Urban Districts in the Dublin Metropolitan Police area sixty pounds, and
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(b) elsewhere, forty pounds,
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and every such house or part of a house shall be deemed to be a dwelling-house to which this Act applies:
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Provided that—
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(i.) this Act shall not apply to a dwelling-house bona fide let at a rent which includes payments in respect of board, attendance, or use of furniture, unless on an apportionment of such rent under this section the portion of such rent attributable to the dwelling-house alone equals or exceeds three-quarters of the rent, in which case this Act shall apply to the dwelling-house, or at the option of the landlord shall apply as if the dwelling-house had been let at the said portion of the rent so attributable to the dwelling-house alone;
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(ii.) the application of this Act to any house or part of a house shall not be excluded by reason only that part of the premises is used as a shop or office or for business, trade, or professional purposes; and
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(iii.) for the purposes of this Act, any land or premises let together with a house shall, if the rateable value of the land or premises let separately would be less than one quarter of the rateable value of the house, be treated as part of the house, but, subject to this provision, this Act shall not apply to a house let together with land other than the site of the house.
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(2) Any rooms in a dwelling-house subject to a separate letting wholly or partly as a dwelling shall, for the purposes of this Act, be treated as a part of a dwelling-house let as a separate dwelling.
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(3) Where a dwelling-house is let, or was let at the date in relation to which the standard rent is to be fixed, at a rent which includes payments in respect of board, attendance, or use of furniture, the Court may, for any of the purposes of this Act, make such apportionment as seems just.
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(4) Where this Act has become applicable to any dwelling-house or any mortgage thereon, it shall continue to apply thereto whether or not the dwelling-house continues to be one to which this Act applies.
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(5) This Act shall not apply to a dwelling-house erected after, or in course of erection on, the second day of April, nineteen hundred and nineteen, or to any dwelling-house which has been since that date or was at that date being bona fide reconstructed by way of conversion into two or more separate and self-contained flats, or tenements; but the rateable value of any such dwelling-house to which this Act would have applied if it had been erected or so reconstructed before the said date shall be ascertained as though the rent for the purposes of section eleven of the Valuation (Ireland) Act, 1852, were the rent for which a similar dwelling-house might have been reasonably expected to let on the third day of August, nineteen hundred and fourteen, the probable average annual cost of repairs, insurance, and other expenses (if any) necessary to maintain the dwelling-house in its actual state, and all rates, taxes, and public charges, if any (except tithe rent charge), being paid by the tenant.
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(6) This Act shall not apply to any dwelling-house provided by a Local Authority under the Labourers (Ireland) Acts, 1883 to 1919, or under the Housing of the Working Classes (Ireland) Acts, 1890 to 1921.
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(7) Subject to the provisions of this Act, this Act shall apply to every mortgage where the mortgaged property consists of or comprises one or more dwelling-houses to which this Act applies, or any interest therein, except that it shall not apply:—
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(a) To any mortgage comprising one or more dwelling-houses to which this Act applies and other land if the rateable value of such dwelling-houses is less than one tenth of the rateable value of the whole of the land comprised in the mortgage; or
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(b) to an equitable charge by deposit of titled deeds or other wise; or
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(c) to any mortgage which is created after the passing of this Act.
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(8) When a mortgage comprises one or more dwelling-houses to which this Act applies and other land, and the rateable value of such dwelling-houses is more than one-tenth of the rateable value of the whole of the land comprised in the mortgage, the mortgagee may apportion the principal money secured by the mortgage between such dwelling-houses and such other land by giving one calendar month's notice in writing to the mortgagor, such notice to state the particulars of such apportionment, and at the expiration of the said calendar month's notice this Act shall not apply to the mortgage so far as it relates to such other land, and for all purposes, including the mortgagor's right of redemption, the said mortgage shall operate as if it were a separate mortgage for the respective portions of the said principal money secured by the said dwelling-houses and such other land, respectively, to which such portions were apportioned:
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Provided that the mortgagor shall, before the expiration of the said calendar month's notice, be entitled to dispute the amounts so apportioned as aforesaid, and in default of agreement the matter shall be determined by the Commissioner of Valuation and Boundary Surveyor.
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(9) Any notice of the apportionment of the principal money secured by a mortgage, if and when the notice becomes operative under this Act, and the award of any arbitrator with reference to any such apportionment may be registered under the enactments relative to the registration of deeds or titles as the case requires.
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