S.I. No. 270/1960 - Rent Restrictions Act, 1960 (Forms) Regulations, 1960

S.I. No. 270 of 1960.

RENT RESTRICTIONS ACT, 1960 (FORMS) REGULATIONS, 1960

CONTENTS

1. Short title.

2. Commencement.

3. Prescribing of forms.

SCHEDULE

FORM No. 1: Notice of Increase of Rent (Simple Form).

FORM No. 2: Notice of Reduction of Rent (Simple Form).

FORM No. 3: Notice of Increase of Rent (Form for use where there are lawful additions for improvements, structural alterations or exceptional repairs).

FORM No. 4: Notice of Reduction of Rent (Form for use where there are lawful additions for improvements, structural alterations or exceptional repairs).

FORM No. 5: Notice of Increase of Rent (Form for use where basic rent has never been fixed).

FORM No. 6: Particulars of Proposed Expenditure on Improvements, Structural Alterations or Certain Repairs.

FORM No. 7: Notice of Confirmation of Provisional Order.

S.I. No. 270 of 1960.

RENT RESTRICTIONS ACT, 1960 (FORMS) REGULATIONS 1960

I, OSCAR TRAYNOR, Minister for Justice, in exercise of the powers conferred on me by section 48 of the Rent Restrictions Act, 1960 (No. 42 of 1960), hereby make the following regulations:

1. These regulations may be cited as the Rent Restrictions Act, 1960 (Forms) Regulations, 1960.

2. These regulations shall come into operation on the 31st day of December, 1960.

3. The forms set out in the Schedule to these regulations are hereby prescribed for the purposes of the Rent Restrictions Act, 1960 (No. 42 of 1960).

SCHEDULE

FORM NO. 1

This Form is for use where there are no lawful additions except for rates and repairs. Form No. 3 should be used where there are other lawful additions.

RENT RESTRICTIONS ACT, 1960

NOTICE OF INCREASE OF RENT

NOTES

A. Seven clear days' notice must be given if the tenancy is a statutory tenancy, or if the rent claimed under this notice does not exceed the rent provided for in the tenancy agreement, or if the increase is based solely on an increase of the rates payable on a dwelling any tenant of which has availed himself of the 1960 Act or of any of the former enactments relating to restriction of rent to obtain a reduction of the rent of the dwelling. In any other circumstances, such length of notice must be given as would be necessary for a notice to quit (section 13(4)).

B. The basic rent is determined as follows:

(a) In the case of a dwelling specified in the Schedule attached to the Agreement entered into on 6th October, 1960, between the Dublin Artisans' Dwellings Company Limited and the Dublin Artisans' Dwellings Tenants Association—

The basic rent is the rent specified in the third column of that Schedule in respect of the dwelling and is not subject to review (section 7 (2) (a)).

(b) In any other case—

(i) If the rent paid on 31st December, 1960 (by an occupying tenant under a contract of tenancy for a term not exceeding five years or under a statutory tenancy) is known, then that rent (or, if the landlord at that time paid the rates, that rent less the amount of the rates) will be the basic rent (section 7).

(ii) If the dwelling was not so let on 31st December, 1960, then the rent (if known) at which it was last so let during the three years ending on 31st December, 1960, will (subject to a like deduction for rates paid by the landlord) be the basic rent (section 7).

(iii) The basic rent so arrived at may, however, be revised by the Court in certain cases where the Court regards it as too high or too low (section 8).

(iv) In all other cases, the basic rent must be fixed by the Court (section 9).

C. If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (section 10 (2) (a)).

D. If the landlord is liable for the whole or part of the repairs, he is entitled to a lawful addition equal to 12½ per cent. of the basic rent (section 10 (2) (b)).

Where, however, the landlord secured a lawful addition before 31st December, 1960, by putting a dwelling into a reasonable state of repair with the aid of grants under the Housing Acts, the 12½ per cent. increase may not be applied to the portion of the basic rent which is attributable to that addition. Where such a landlord did not avail himself of the grants, he is not entitled to the 12½ per cent increase at all. Where a landlord secures a lawful addition on or after 31st December, 1980, by putting a dwelling into a reasonable state of repair without availing himself of grants under the Housing Acts, he will cease to be entitled to the 12½ per cent. increase (section 10(6)).

FORM No. 2

This Form is for use where there are no lawful additions except for rates and repairs. Form No. 4 should be used where there are other lawful additions.

RENT RESTRICTIONS ACT, 1960

NOTICE OF REDUCTION OF RENT

NOTES

A. Seven clear days' notice must be given (section 13(4)).

B. The basic rent is determined as follows:

(a) In the case of a dwelling specified in the Schedule attached to the Agreement entered into on 6th October, 1960, between the Dublin Artisans' Dwellings Company Limited and the Dublin Artisans' Dwellings Tenants Association—

The basic rent is the rent specified in the third column of that Schedule in respect of the dwelling and is not subject to review (section 7(2) (a)).

(b) In any other case—

(i) If the rent paid on 31st December, 1960 (by an occupying tenant under a contract of tenancy for a term not exceeding five years or under a statutory tenancy) is known, then that rent (or, if the landlord at that time paid the rates, that rent less the amount of the rates) will be the basic rent (section 7).

(ii) If the dwelling was not so let on 31st December, 1960, then the rent (if known) at which it was last so let during the three years ending on 31st December, 1960, will (subject to a like deduction for rates paid by the landlord) be the basic rent (section 7).

(iii) The basic rent so arrived at may, however, be revised by the Court in certain cases where the Court regards it as too high or too low (section 8).

(iv) In all other cases, the basic rent must be fixed by the Court (section 9).

C. If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (section 10(2) (a)).

D. If the landlord is liable for the whole or part of the repairs, he is entitled to a lawful addition equal to 12½ per cent. of the basic rent (section 10(2) (b)).

Where, however, the landlord secured a lawful addition before 31st December, 1960, by putting a dwelling into a reasonable state of repair with the aid of grants under the Housing Acts, the 12½ per cent. increase may not be applied to the portion of the basic rent which is attributable to that addition. Where such a landlord did not avail himself of the grants, he is not entitled to the 12½ per cent. increase at all. Where a landlord secures a lawful addition on or after 31st December, 1960, by putting a dwelling into a reasonable state of repair without availing himself of grants under the Housing Acts, he will cease to be entitled to the 12½ per cent increase (section 10 (6)).

FORM No. 3

This Form is for use where there are lawful additions for improvements, structural alterations or exceptional repairs.

RENT RESTRICTIONS ACT, 1960

NOTICE OF INCREASE OF RENT

NOTES

A. Seven clear days' notice must be given if the tenancy is a statutory tenancy, or if the rent claimed under this notice does not exceed the rent provided for in the tenancy agreement, or if the increase is based solely on an increase of the rates payable on a dwelling any tenant of which has availed himself of the 1960 Act or of any of the former enactments relating to restriction of rent to obtain a reduction of the rent of the dwelling. In any other circumstances, such length of notice must be given as would be necessary for a notice to quit (section 13 (4)).

B. The basic rent is determined as follows:

(a) In the case of a dwelling specified in the Schedule attached to the Agreement entered into on 6th October, 1960, between the Dublin Artisans' Dwellings Company Limited and the Dublin Artisans' Dwellings Tenants Association—

The basic rent is the rent specified in the third column of that Schedule in respect of the dwelling and is not subject to review (section 7 (2) (a)).

(b) In any other case—

(i) If the rent paid on 31st December, 1960 (by an occupying tenant under a contract of tenancy for a term not exceeding five years or under a statutory tenancy)is known, then that rent (or, if the landlord at that time paid the rates, that rent less the amount of the rates) will be the basic rent (section 7).

(ii) If the dwelling was not so let on 31st December, 1960, then the rent (if known) at which it was last so let during the three years ending on 31st December, 1960, will (subject to a like deduction for rates paid by the landlord) be the basic rent (section 7).

(iii) The basic rent so arrived at may, however, be revised by the Court in certain cases where the Court regards it as too high or too low (section 8).

(iv) In all other cases, the basic rent must be fixed by the Court (section 9).

C. If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (section 10(2) (a)).

D. If the landlord is liable for the whole or part of the repairs, he is entitled to a lawful addition equal to 12½ per cent. of the basic rent (section 10 (2) (b)). Where, however, the landlord secured a lawful addition before 31st December 1960, by putting a dwelling into a reasonable state of repair with the aid of grants under the Housing Acts, the 12½ per cent. increase may not be applied to the portion of the basic rent which is attributable to that addition. Where such a landlord did not avail himself of the grants, he is not entitled to the 12½ per cent. increase at all. Where a landlord secures a lawful addition on or after 31st December, 1960, by putting a dwelling into a reasonable state of repair without availing himself of grants under the Housing Acts, he will cease to be entitled to the 12½ per cent increase (section 10(6)).

E. The landlord is entitled to 8 per cent. per annum of any amount expended by him on improvements or structural alterations (excluding decoration or repairs) and so expended—

(i) if the basic rent was fixed by reference to the actual rent paid on a particular date (see Note B)—since 31st December, 1960, or,

(ii) if the basic rent was fixed by the Court under the 1960 Act—since the date of the institution of the proceedings in which it was fixed (section 10(2) (c)).

Particulars must be set out hereunder.

F. The landlord is entitled to 8 per cent. per annum of any amount expended by him on repairs of the kind described and so expended—

(i) if the basic rent was fixed by reference to the actual rent paid on a particular date (see Note B)—since 31st December, 1960, or,

(ii) if the basic rent was fixed by the Court under the 1960 Act—since the date of the institution of the proceedings in which it was fixed (section 10(2) (d)).

Particulars must be set out hereunder.

G. Where all the controlled dwellings in a house benefit directly or indirectly from expenditure on the improvement or structural alteration of the house or on repairs of the kind referred to in Note F, the amount of the expenditure should be apportioned among the dwellings in proportion to their respective rateable valuations (section 10(4)). The rateable valuation of a house may be apportioned for this purpose by the Court (section 49(1)) or the Commissioner of Valuation (section 41).

In such a case the particulars of expenditure and of work done to be given in this notice should relate to the house. The following additional particulars should be furnished:

H. (1) Where a landlord, during any period of two years ending on 31st December, 1960, or any subsequent 31st December, expends an amount in excess of two-thirds of the basic rent on putting the dwelling into a reasonable state of repair, be is entitled to a lawful addition equal to 15 per cent. per annum on the first £100 of the excess, 8 per cent. per annum on the second £100 of the excess and 6 per cent. per annum on the remainder. No lawful addition may be made, however, if portion of the basic rent is attributable to an addition obtained in respect of the same expenditure under the former enactments relating to restriction of rent (section 10(7)).

Particulars of the expenditure must be set out hereunder.

(2) Where all the controlled dwellings in a house benefit directly or indirectly from expenditure by a landlord on putting the house into a reasonable state of repair, the lawful addition should be calculated as if the house were a dwelling having a basic rent equal to the aggregate of the basic rents of all the dwellings and should be apportioned among the dwellings in proportion to their respective rateable valuations (section 10(5)). The rateable valuation of a house may be apportioned for this purpose by the Court (section 49(1)) or the Commissioner of Valuation (section 41).

In such a case the following particulars should be given:—

I. The amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1958, must not be reckoned as part of any amount expended on improvements, structural alterations or repairs (section 10(8)).

J. No lawful addition based on expenditure on improvements; structura1 alterations or repairs commencing on or after 1st April, 1961, may be made unless the landlord has, at least fourteen days before the commencement of the work, served on the tenant Form No. 6, or a form substantially to the same effect, containing particulars of the work proposed to be done and the estimated cost thereof section 10(3)).

FORM No. 4

This Form is for use where there are lawful additions for improvements, structural alterations or exceptional repairs.

RENT RESTRICTIONS ACT, 1960

NOTICE OF REDUCTION OF RENT

NOTES

A. Seven clear days' notice must be given (section 13(4)).

B. The basic rent is determined as follows:

(a) In the case of a dwelling specified in the Schedule attached to the Agreement entered into on 6th October, 1960, between the Dublin Artisans' Dwellings Company Limited and the Dublin Artisans' Dwellings Tenants Association—

The basic rent is the rent specified in the third column of that Schedule in respect of the dwelling and is not subject to review (section 7(2) (a)).

(b) In any other case—

(i) If the rent paid on 31st December, 1960 (by an occupying tenant under a contract of tenancy for a term not exceeding five years or under a statutory tenancy) is known, then that rent (or, if the landlord at that time paid the rates, that rent less the amount of the rates) will be the basic rent (section 7).

(ii) If the dwelling was not so let on 31st December, 1960, then the rent (if known) at which it was last so let during the three years ending on 31st December, 1960, will (subject to a like deduction for rates paid by the landlord) be the basic rent (section 7).

(iii) The basic rent so arrived at may, however, be revised by the Court in certain cases where the Court regards it as too high or too low (section 8).

(iv) In all other cases, the basic rent must be fixed by the Court (section 9).

C. If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (section 10(2) (a)).

D. If the landlord is liable for the whole or part of the repairs, he is entitled to a lawful addition equal to 12½ per cent. of the basic rent (section 10(2) (b)).

Where, however, the landlord secured a lawful addition before 31st December, 1960, by putting a dwelling into a reasonable state of repair with the aid of grants under the Housing Acts, the 12½ per cent. increase may not be applied to the portion of the basic rent which is attributable to that addition. Where such a landlord did not avail himself of the grants, he is not entitled to the 12½ per cent. increase at all. Where a 1andlord secures a lawful addition on or after 31st December, 1960, by putting a dwelling into a reasonable state of repair without availing himself of grants under the Housing Acts, he will cease to be entitled to the 12½ per cent. increase (section 10(6)).

E. The landlord is entitled to 8 per cent. per annum of any amount expended by him on improvements or structural alterations (excluding decoration or repairs) and so expended—

(i) if the basic rent was fixed by reference to the actual rent paid on a particular date (see Note B)—since 31st December, 1960, or,

(ii) if the basic rent was fixed by the Court under the 1960 Act—since the date of the institution of the proceedings in which it was fixed (section 10(2) (c)).

F. The landlord is entitled to 8 per cent. per annum of any amount expended by him on repairs wholly or mainly rendered necessary because of acts of waste by, or the neglect or default of, the tenant or any person residing with him or any of his lodgers or subtenants, and so expended—

(i) if the basic rent was fixed by reference to the actual rent paid on a particular date (see Note B)—since 31st December, 1960, or,

(ii) if the basic rent was fixed by the Court under the 1960 Act—since the date of the institution of the proceedings in which it was fixed (section 10(2) (d)).

G. Where all the controlled dwellings in a house benefit, directly or indirectly, from expenditure on the improvement or structural alteration of the house, the amount of the expenditure should be apportioned among the dwellings in proportion to their respective rateable valuations (section 10(4)).

H. (i) Where a landlord, during any period of two years ending on 31st December, 1960, or any subsequent 31st December, expends an amount in excess of two-thirds of the basic rent on putting the dwelling into a reasonable state of repair, he is entitled to a lawful addition equal to 15 per cent. per annum on the first £100 of the excess, 8 per cent. per annum on the second £100 of the excess and 6 per cent. per annum on the remainder (section 10(2) (e)). No lawful addition may be made, however, if portion of the basic rent is attributable to an addition obtained in respect of the same expenditure under the former enactments relating to restriction of rent (section 10(7)).

(ii) Where all the controlled dwellings in a house benefit directly or indirectly from expenditure by a landlord on putting the house into a reasonable state of repair, the lawful addition should be calculated as if the house were a dwelling having a basic rent equal to the aggregate of the basic rents of all the dwellings and should be apportioned among the dwellings in proportion to their respective rateable valuations (section 10(5)). The rateable valuation of a house may be apportioned for this purpose by the Court (section 49(1)) or the Commissioner of Valuation (section 41).

I. The amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1958, must not be reckoned as part of any amount expended on improvements, structural alterations or repairs (section 10(8)).

J. No lawful addition based on expenditure on improvements, structural alterations or repairs commencing on or after 1st April, 1961, may be made unless the landlord has, at least 14 days before the commencement of the work, served on the tenant Form No. 6, or a form substantially to the same effect, containing particulars of the work proposed to be done and the estimated cost thereof (section 10(3)).

FORM No. 5

This Form is for use where the basic rent has never been fixed.

RENT RESTRICTIONS ACT, 1960

NOTICE OF INCREASE OF RENT

NOTES

A. Seven clear days' notice must be given if the tenancy is a statutory tenancy, or if the rent claimed under this notice does not exceed the rent provided for in the tenancy agreement, or if the increase is based solely on an increase of the rates payable on a dwelling any tenant of which has availed himself of the 1960 Act or of any of the former enactments relating to restriction of rent to obtain a reduction of the rent of the dwelling. In any other circumstances, such length of notice must be given as would be necessary for a notice to quit (section 13(4)).

B. Section 9 of the Act provides that the basic rent of a controlled dwelling to which the section applies (i.e. a dwelling whose basic rent has not already been determined by reference to the actual rent being paid on a particular date or by reference to the agreement entered into on 6th October, 1960, between the Dublin Artisans' Dwellings Company Limited and the Dublin Artisans' Dwellings Tenants Association) shall be determined by the Court and shall be a rent of such amount as the Court considers reasonable having regard as far as possible to the basic rents of controlled dwellings which are comparable in regard to location, accommodation, amenities, state of repair and rateable valuation.

C. If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (section 10(2) (a)).

D. If the landlord is liable for the whole or part of the repairs, he is entitled to a lawful addition equal to 12½ per cent. of the basic rent (section 10(2) (b)).

Where, however, the landlord secured a lawful addition before 31st December, 1960, by putting a dwelling into a reasonable state of repair with the aid of grants under the Housing Acts, the 12½ per cent. increase may not be applied to the portion of the basic rent which is attributable to that addition. Where such a landlord did not avail himself of the grants, he is not entitled to the 12½ per cent. increase at all. Where a landlord secures a lawful addition on or after 31st December, 1960, by putting a dwelling into a reasonable state of repair without availing himself of grants under the Housing Acts, he will cease to be entitled to the 12½ per cent. increase (section 10(6)).

E. Where a landlord, during any period of two years ending on 31st December, 1960, or any subsequent 31st December, expends an amount in excess of two-thirds of the basic rent on putting the dwelling into a reasonable state of repair, he is entitled to a lawful addition to the basic rent equal to 15 per cent. per annum on the first £100 of the excess, 8 per cent. per annum on the second £100 of the excess and 6 per cent. per annum on the remainder (section 10(2) (e).

F. Where all the controlled dwellings in a house benefit directly or indirectly from expenditure on putting the house into a reasonable state of repair, the lawful addition to the basic rent should be calculated as if the house were a dwelling having a basic rent equal to the aggregate of the basic rents of all the dwellings and should be apportioned among the dwellings in proportion to their respective rateable valuations (section 10(5)). The rateable valuation of a house may be apportioned for this purpose by the Court (section 49 (1)) or the Commissioner of Valuation (section 41).

G. No lawful addition based on expenditure on putting a dwelling into a reasonable state of repair may be made if portion of the basic rent is attributable to an addition obtained in respect of the same expenditure under the former enactments relating to restriction of rent (section 10(7)).

H. The amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1958, must not be reckoned as part of any amount expended on repairs (section 10(8)).

I. No lawful addition based on expenditure on improvements, structural alterations or repairs commencing on or after 1st April, 1961, may be made unless the landlord has, at least 14 days before the commencement of the work, served on the tenant Form No. 6, or a form substantially to the same effect, containing particulars of the work proposed to be done and the estimated cost thereof (section 10(3)).

FORM No 6

RENT RESTRICTIONS ACT, 1960

PARTICULARS OF PROPOSED EXPENDITURE ON IMPROVEMENTS, STRUCTURAL ALTERATIONS OR CERTAIN REPAIRS (see Note A)

NOTES

A. This notice applies only where the improvements, structural alterations or repairs are commenced on or after 1st April, 1961 (section 10(3)).

B. This notice must be served on the tenant at least 14 days before the commencement of the works (section 10(3)).

C. Delete whichever headings are inapplicable.

FORM No. 7

NOTICE OF CONFIRMATION OF PROVISIONAL ORDER

........................................(Tenant)

........................................(Landlord)

TAKE NOTICE that, under section 24 (2) of the Rent Restrictions Act, 1960 , the terms of the provisional order made on the..............day of.........., 19.., in respect of the dwelling....................................are deemed to have been confirmed by the District Court by order under section 23(1) of that Act.

Signed..............................

Justice of the District Court

District No.........

To........................................

NOTES

1. The rent to be paid will continue to be the amount (namely,.........) fixed by the provisional order. This rent may not be altered except by agreement or by a formal notice making such adjustments as the Act allows.

2. This notice should be served on the landlord and the tenant.

GIVEN under my Official Seal, this 22nd day of December, 1960.

OSCAR TRAYNOR

Minister for Justice

EXPLANATORY NOTE

These regulations prescribe various forms for the purposes of the Rent Restrictions Act, 1960 , which comes into operation on 31st December, 1960.