Rent Restrictions (Amendment) Act, 1967

Amendment of section 13 of Principal Act.

7.—Section 13 of the Principal Act is hereby amended by the insertion of the following subsection after subsection (5):

“(5A) Where a notice under paragraph (b) of subsection (1) or under subsection (2) of this section which has expired is a notice increasing the rent of any controlled dwelling by an amount consisting of or including any sum in respect of the matters mentioned in paragraph (c), (d) or (g) of subsection (2) of section 10 of this Act—

(a) the Court may, on application made by the tenant not later than twelve months after the expiry of the notice, if satisfied either—

(i) that the expenditure (in so far as it is applicable to any of the said matters) in respect of which the notice was served was not incurred or was unnecessary in whole or in part,

(ii) that the improvements, structural alterations, repairs or maintenance have not been carried out satisfactorily,

(iii) that, in a case in which the tenant claims that the expenditure (in so far as it is applicable to any of the said matters) in respect of which the notice was served was unnecessary in whole or in part, the tenant has been prejudiced in establishing this by his not having been made aware in sufficient time of the nature of the works proposed,

(iv) that, at the time of the application, the dwelling is not in good and tenantable repair, or

(v) that, in a case in which the acquisition by the landlord of the dwelling was before the 1st day of January, 1970, the amount consists of or includes any sum expended in the year 1970 or any subsequent year in respect of repairs rendered necessary by breach of an obligation imposed on the landlord by contract or statute and the landlord has not, during the three years immediately preceding the year of such expenditure, expended a reasonable sum on the maintenance of the dwelling,

disallow or reduce the increase accordingly, as from such date (whether before the date of the application or otherwise) as the Court thinks fit, and

(b) the Court may, on application made by the tenant not later than twelve months after the expiry of the notice, if satisfied that the landlord did not apply for a grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1962, or the Housing Act, 1966 , in respect of the improvements, structural alterations or repairs but that it is reasonable to assume that an application therefor would have been granted, reduce the increase by an amount not exceeding twenty-five per cent. of the basic rent, as from such date (whether before the date of the application or otherwise) as the Court thinks fit.”