Housing (Private Rented Dwellings) Act, 1982

Terms of tenancy where fixed by the Court.

12.—(1) Subject to subsection (2), the landlord or the tenant of a dwelling to which section 8 (1) relates may at any time apply to the Court for an order fixing the terms of the tenancy and the Court may make such order as justice may require and such order shall be binding on the landlord and the tenant unless varied by a subsequent order of the Court.

(2) Where the Court has fixed the terms of a tenancy under subsection (1), the landlord or the tenant may not apply to the Court to fix new terms of the tenancy until the expiration of five years from the date of the last order of the Court fixing the terms of the tenancy.

(3) An application under this section may be made notwithstanding any agreement between the landlord and tenant fixing the terms of the tenancy, whether such agreement was entered into before or after the commencement of this Act.

(4) If any dispute, failure or question arises or occurs in the carrying out of an order under this section the Court may, on the application of the landlord or the tenant, make such order as justice may require.

(5) The landlord or tenant making an application under subsection (1) shall give one month's notice in writing to the other party of his intention to make the application.

(6) The landlord shall be liable for the tenant's costs and expenses reasonably and necessarily incurred arising out of an application by the landlord to the Court under this section unless the Court, on consideration of all the circumstances, including the means of the landlord and the tenant, otherwise orders.