Local Government (Financial Provisions) Act, 1978

Adjustments of certain rents to which Act of 1928 applies.

6.—(1) Subject to subsection (3) of this section, the increase in the rent of a small dwelling arising by virtue of section 9 of the Act of 1928 in relation to the specified local financial year shall be reduced by one quarter and the said section 9 shall in relation to such year be construed and have effect accordingly.

(2) Subject to subsection (4) of this section, where a rate for the specified local financial year is made by virtue of the Act of 1928 on the owner of a small dwelling, section 6 of that Act shall be construed and have effect as requiring the gales of rent therein referred to to be increased during the twelve months specified in that section by an amount which bears the same proportion to the amount which is equal to three-quarters of such rate as the period in respect of which such gale is payable bears to one year.

(3) (a) The rent of a small dwelling shall not be increased by any increase which is an increase described in paragraph (b) of this subsection.

(b) The increase referred to in paragraph (a) of this subsection is any increase in the rent of a small dwelling which, apart from this subsection, would fall to be made by virtue of section 9 of the Act of 1928 on or after the 1st day of January, 1978.

(4) A housing authority who are the owner of a small dwelling and who are not the rating authority for the rating area in which the dwelling is situate shall make an allowance to the occupier concerned abating the whole amount of any increase which may be made under section 6 of the Act of 1928, as amended by subsection (2) of this section, on any gale of rent due and payable by such occupier on or after the 1st day of January, 1978.

(5) (a) Section 10 (1) of the Act of 1928 shall, in relation to a rate made by a rating authority for the service of the specified local financial year, be construed and have effect as if for the reference therein to “nine-tenths” there were substituted a reference to “twenty-seven fortieths”.

(b) Section 72 (3) of the Local Government (Dublin) Act, 1930 , shall in so far, and only in so far, as in relation to the specified financial year it with modifications extends the application of section 10 of the Act of 1928, be construed and have effect as if for the reference therein to “eight-tenths” there were substituted a reference to “three-fifths”.