Landlord and Tenant (Amendment) Act, 1980

Works required by public authority.

[New in pt. cf. 1931, s. 13]

49.—(1) Where a sanitary authority serves under the Local Government (Sanitary Services) Acts, 1878 to 1964, or a housing authority serves under the Housing Act, 1966 , a notice on the tenant of a tenement requiring him to execute an improvement, the tenant shall, within three days, serve on the landlord a notice in writing (in this Act referred to as a work notice) stating the fact of the service of the notice by that authority and stating the material portions of that notice.

(2) Where a work notice is served, the landlord may, within three days, serve on the tenant a notice (in this Act referred to as a work undertaking) in the prescribed form undertaking to execute the work in consideration of either (as the landlord states in the notice) a specified increase of rent or an increase of rent to be fixed by the Court.

(3) In the case of works required to a controlled dwelling the increase of rent shall not exceed the allowance provided for by section 10 (2) (g) of the Rent Restrictions Act, 1960 , inserted by section 6 (2) of the Rent Restrictions (Amendment) Act, 1967 .

(4) The service of a work undertaking shall have the same effect as the service on the tenant of an improvement undertaking, and the provisions of this Act in relation to an improvement undertaking shall apply accordingly.

(5) A copy of a work undertaking may be served by the tenant on the authority and thereupon the obligation to comply with the notice served by the authority and the liability for failure to comply with it shall become the obligation and liability of the landlord in exoneration of the tenant.

(6) Where a work notice is served and, within three days, the landlord does not serve a work undertaking, the tenant shall be entitled to execute the improvement mentioned in the notice by the authority which occasioned the work notice.