Rent Restrictions (Amendment) Act, 1967
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Application of Landlord and Tenant Act, 1931, to certain dwellings. |
13.—(1) This section applies to a dwelling which is a house or a separate and self-contained flat, being a house or flat— | |
(a) which immediately before the passing of this Act was a controlled dwelling subject to a letting which was not— | ||
(i) a letting made and expressed to be made for the temporary convenience of the landlord or of the tenant and (if made after the 22nd day of December, 1931) stating the nature of such temporary convenience, or | ||
(ii) a letting made for or dependent on the continuance of the tenant in any office, employment or appointment, and | ||
(b) the rateable valuation of which— | ||
(i) in case it is situate in the county borough of Dublin or the borough of Dún Laoghaire, exceeds forty pounds (if it is a house) or thirty pounds (if it is a separate and self-contained flat); | ||
(ii) in any other case, exceeds thirty pounds (if it is a house) and twenty pounds (if it is a separate and self-contained flat). | ||
(2) This section also applies to a dwelling which is a house the rateable valuation whereof exceeds ten pounds, being a house of which, after the passing of this Act, a person, being a bachelor or spinster and being over the age of 21 years and under the age of 65 years, has become the tenant. | ||
(3) The Landlord and Tenant Act, 1931 , shall apply to all dwellings to which this section applies and for that purpose— | ||
(i) “tenement” in that Act shall include all such dwellings, | ||
(ii) section 19 (1) of that Act (as amended by section 54 of the Principal Act) shall have effect as if the following word and paragraph were added thereto: | ||
“or | ||
(f) such tenement is a dwelling referred to in section 13 (1) or 13 (2) of the Rent Restrictions (Amendment) Act, 1967.”, | ||
(iii) in any application of section 24 (2) (a) of that Act to any such dwelling, the reference therein to one month shall be construed as a reference to six months, | ||
(iv) where any such dwelling, being a dwelling referred to in subsection (1) of this section, was, immediately before the passing of this Act, held under a statutory tenancy, the tenant under that tenancy shall, as from such passing, be deemed to hold the dwelling from the landlord under a tenancy having the same terms and conditions as the statutory tenancy except that the landlord may, by not less than three months' notice (expiring on any day specified in that behalf in the notice) served on the tenant, determine the tenancy, | ||
(v) where any such dwelling, being a dwelling referred to in subsection (2) of this section, was, immediately before the time when the person referred to in that subsection became the tenant, held under a statutory tenancy, that person shall, as from that time, be deemed to hold the dwelling from the landlord under a tenancy having the same terms and conditions as the statutory tenancy except that the landlord may, by not less than three months' notice (expiring on any day specified in that behalf in the notice) served on the tenant, determine the tenancy, | ||
(vi) any notice under either of the foregoing paragraphs shall, for the purposes of section 24 (2) (a) of that Act, be deemed to be a notice to quit, | ||
(vii) in any application of section 23 of that Act to any such dwelling, that section shall have effect as if “whichever of the following is the greater, that is to say, such sum, for the purpose of enabling the tenant, without incurring hardship, to secure appropriate alternative accommodation, as the Court considers proper, being not less than three years' rent (including rates, whether or not payable by the tenant) or” were inserted after “the measure of such compensation shall be”, | ||
(viii) in any application of section 29 of that Act to any such dwelling— | ||
(I) in case the occasion is the first occasion on which the terms of a new tenancy for the dwelling are fixed under that section and the Court is satisfied that payment of the rent which, apart from this provision, would be fixed would cause hardship to the tenant, the Court shall fix the rent payable by the tenant under the new tenancy at a sum (not below the existing rent) which it is satisfied that, having regard to all the circumstances of the case, including any hardship to the landlord, the tenant should be required to pay and paragraph (c) of that section shall have effect as if “exceed a term of ten years” were substituted for “, without the consent of the tenant, be less than a term of twenty-one years and shall not in any case exceed a term of ninety-nine years”, | ||
(II) in any other case, paragraph (g) of that section shall have effect as if “(whether before or after the passing of this Act or of the Rent Restrictions (Amendment) Act, 1967) which, at the time of the application to the Court, add to the letting value and are suitable to the character of the tenement” were substituted for “and in respect of which the tenant would have been entitled to compensation for improvements if (as the case may be) Part III of this Act did not apply to such tenement or such new tenancy had not been created”. | ||
(4) (a) The application by virtue of subsection (3) of this section of the Landlord and Tenant Act, 1931 , to a dwelling shall cease upon the landlord's coming into possession of the dwelling. | ||
(b) In the foregoing paragraph “possession” means actual possession, and a landlord shall not be deemed to have come into possession by reason only of a change of tenancy made with his consent. |