Rent Restrictions Act, 1946
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Making of provisional orders. |
29.—(1) Every application referred to a District Justice under section 28 of this Act shall be dealt with by him as follows:— | |
(a) he shall deal with the application privately, | ||
(b) in case it appears to him— | ||
(i) that the premises are small premises to which section 8 of this Act applies, or | ||
(ii) that the premises are small premises to which section 9 of this Act applies, the basic rent whereof has already been determined by the Court, and that the amount of that basic rent is ascertainable, | ||
he may, subject to paragraph (d) of this subsection, by order determine provisionally— | ||
(I) the lawful additions to the basic rent of the premises, and | ||
(II) the lawful rent of the premises; | ||
(c) in case it appears to him that the premises are small premises to which paragraph (b) of this subsection does not apply, he may subject to paragraph (d) of this subsection by order determine provisionally— | ||
(i) the basic rent of the premises under section 9 of this Act, | ||
(ii) the lawful additions to the basic rent of the premises, and | ||
(iii) the lawful rent of the premises; | ||
(d) in case it appears to him that the lawful rent of the premises, if determined by a provisional order, would equal or exceed the existing rent, he shall dismiss the application and cause the tenant to be informed accordingly; | ||
(e) if the premises are not separately valued under the Valuation Acts, then, for the purposes of this Act, he may by the provisional order provisionally apportion to the premises such part as he thinks proper of the rateable valuation of the property in which the premises are comprised. | ||
(2) An appeal shall not lie to the Circuit Court from the determination of a District Justice on an application under section 28 of this Act. |