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42 1960

RENT RESTRICTIONS ACT, 1960

PART IV.

Restrictions on Recovery of Possession of Controlled Premises.

Restrictions on landlord's right to possession of controlled dwelling.

29. —(1) Subject to subsections (3) and (4) of this section, an order for the recovery of possession of a controlled dwelling shall not be made unless the Court considers it reasonable to make the order and—

(a) any rent lawfully due from the tenant has not been paid, or any other obligation of the tenancy, whether under the contract of tenancy (so far as it is consistent with this Act) or under this Act, has been broken or not performed, or

(b) any person (being the tenant, any individual residing with the tenant, or any of the tenant's lodgers or subtenants) has been guilty of conduct which is a nuisance or annoyance to the landlord or his agent, or to adjoining occupiers, or has used the dwelling or allowed the dwelling to be used for an immoral or illegal purpose (whether or not he has been convicted of so using it or allowing it to be so used), or

(c) the condition of the dwelling has, in the opinion of the Court, deteriorated owing to acts of waste by or the neglect or default of any such person, or

(d) the tenant has given notice to quit, and in consequence of that notice the landlord has contracted to sell or let the dwelling or has taken any other steps as a result of which he would, in the opinion of the Court, be seriously prejudiced if he could not obtain possession, or

(e) the dwelling is reasonably required by the landlord for occupation as a residence for himself or any person bona fide residing or to reside with him and either—

(i) in the opinion of the Court greater hardship would, owing to the special circumstances of the case, be caused by refusing the order for possession than by granting it, or

(ii) the Court is satisfied that alternative accommodation, reasonably suitable to the residential and other needs of the tenant and his family, is available in a controlled dwelling, or

(f) the dwelling is reasonably required by the landlord for occupation as a residence for some person in his whole time employment, and the Court is satisfied that alternative accommodation, reasonably suitable to the residential and other needs of the tenant and his family, is available in a controlled dwelling, or

(g) the dwelling is bona fide required by the landlord for occupation as a residence for some person who holds a controlled dwelling as a tenant of the landlord and has so held it for a period of not less than twelve months and the Court is satisfied—

(i) that alternative accommodation in that controlled dwelling is or will be available, and

(ii) that the alternative accommodation is reasonably suitable to the residential and other needs of the tenant from whom it is proposed to recover possession, or

(h) the dwelling is reasonably required for the purpose of the execution of the duties, powers or requirements of a Minister of State or the Land Commission or the Commissioners of Public Works in Ireland or a local authority or statutory undertaker, or

(i) the landlord is suffering financial stringency which arose since he acquired the dwelling and which can be relieved only by recovering possession of the dwelling with a view to its sale and he is prepared to pay by way of compensation to the tenant such sum as the Court considers proper, not exceeding three years' rent (including rates, whether or not payable by the tenant), or

(j) possession of the dwelling is required in the interests of good estate management or for the erection of further dwellings or for the erection or extension of premises used for any business, trade or profession and the landlord is prepared to pay by way of compensation to the tenant such sum as the Court considers proper, being not less than three years' rent (including rates, whether or not payable by the tenant), or

(k) the Court is satisfied, the dwelling being a dwelling in which the tenant is required by his contract of tenancy to carry on a business restricted in whole or in part to dealing in commodities produced or supplied by the landlord, that, owing to the unsuitability of the tenant or the manner in which the business is being carried on, the sales of those commodities are, or are likely to be, prejudicially affected.

(2) In considering whether it is reasonable to make an order for the recovery of possession of a controlled dwelling, the Court shall have regard to the extent, if any, to which the conduct of the landlord contributed to the existence of the grounds upon which he relies in support of his application for recovery of possession.

(3) Nothing in subsection (1) of this section shall affect the right of the landlord to obtain an order against a tenant for the recovery of possession of any controlled dwelling where—

(a) the tenant has sublet the dwelling, otherwise than for temporary convenience, to a subtenant, and

(b) the subtenant or any person deriving title under him will be entitled to retain possession of the dwelling under this Act, notwithstanding the order against the tenant.

(4) Nothing in subsection (1) of this section shall affect the operation of section 26 or section 34 of the Housing (Miscellaneous Provisions) Act, 1931 .

(5) Where—

(a) an order for the recovery of possession of a controlled dwelling has been made by virtue of paragraph (e), (f) or (g) of subsection (1) of this section,

(b) the tenant appeals against the order, and

(c) the appellate court is satisfied that the alternative accommodation which was offered and which was available at the time of the first hearing was reasonably suitable to the residential and other needs of the tenant and his family,

the following provisions shall have effect:

(i) the appellate court shall not have regard to whether or not any alternative accommodation is available at the time of the hearing of the appeal,

(ii) if the appellate court is satisfied that the alternative accommodation which was offered and which was available at the time of the first hearing has been kept available for the tenant and that the landlord has incurred expense or loss in keeping it available, the appellate court may order the tenant to pay to the landlord compensation for the expense or loss incurred between the date of the original order and the date of the appeal.

(6) In making a decision, pursuant to paragraph (e), (f) or (g) of subsection (1) or paragraph (c) of subsection (5) of this section, as to the suitability of alternative accommodation, the Court or the appellate court (as the case may be) shall, in particular, take into account the proximity of the accommodation to the place of work of the tenant and of the members of his family residing with him, the means of the tenant and of the members of his family residing with him and the extent and character of the accommodation.

(7) A sum by way of compensation referred to in paragraph (i) or (j) of subsection (1) of this section shall be paid into Court for the tenant and the order for possession shall not be issued unless and until it is so paid.

Saving for rights of subtenants.

30. —An order against a tenant for the recovery of possession of a controlled dwelling shall not affect the right of any subtenant, to whom the dwelling or any part thereof has been lawfully sublet before proceedings for recovery of possession were commenced, to retain possession under this Act.

Statutory tenancy.

31. —(1) If an order for the recovery of possession of a controlled dwelling is refused by the Court on the ground that the tenant is entitled to retain possession of the dwelling by virtue of this Act, the Court shall make an order declaring that any tenancy of the tenant otherwise than by virtue of this Act has terminated, and when making any such order as aforesaid may make an order as to the payment by the tenant of any arrears of rent or any mesne rates.

(2) Where the interest of the tenant of a controlled dwelling terminates, either as the result of an order for possession or for any other reason, a subtenant to whom the dwelling or any part thereof has been lawfully sublet shall, subject to this Act, be entitled to retain possession of the dwelling and to hold from the landlord on the same terms as he would have held from the tenant if the tenancy of the tenant had not been terminated.

(3) (a) Where a non-statutory tenant of a controlled dwelling dies leaving him surviving his wife or any member of his family who was bona fide residing with him at the time of his death and either—

(i) in the case of an intestacy, the tenancy of the non-statutory tenant terminates before administration is granted in respect of his estate or during administration of his estate, or

(ii) in any other case, the tenancy of the non-statutory tenant terminates while the executor is not in occupation of the dwelling,

the following provisions shall have effect:

(I) in case the non-statutory tenant leaves him surviving his wife, who was bona fide residing with him at the time of his death, she shall be entitled to retain possession of the dwelling under the same terms and conditions as the deceased non-statutory tenant;

(II) in case the non-statutory tenant does not leave a wife who was bona fide residing with him at the time of his death, such member of his family who was bona fide residing with him at the time of his death or, where there is more than one such member, such one of them as may be agreed upon between them or as may be selected by the Court in default of agreement shall be entitled to retain possession as aforesaid.

(b) Where a non-statutory tenant of a controlled dwelling, who is a woman, dies leaving her surviving her husband or any member of her family who was bona fide residing with her at the time of her death and either—

(i) in the case of an intestacy, the tenancy of the non-statutory tenant terminates before administration is granted in respect of her estate or during administration of her estate, or

(ii) in any other case, the tenancy of the non-statutory tenant terminates while the executor is not in occupation of the dwelling,

subparagraphs (I) and (II) of paragraph (a) of this subsection shall have effect with respect to her husband and family as they have effect with respect to the wife and family of a non-statutory tenant who is a man.

(4) On the death of the statutory tenant of a controlled dwelling the following provisions shall have effect:

(a) in case the statutory tenant leaves him surviving his wife, who was bona fide residing with him at the time of his death, she shall be entitled to retain possession of the dwelling under the same terms and conditions as the deceased statutory tenant;

(b) in case the statutory tenant does not leave a wife who was bona fide residing with him at the time of his death, such member of the statutory tenant's family who was bona fide residing with him at the time of his death or, where there is more than one such member, such one of them as may be agreed upon between them or as may be selected by the Court in default of agreement shall be entitled to retain possession as aforesaid;

(c) in case the statutory tenant was a woman, paragraphs (a) and (b) of this subsection shall have effect with respect to her husband and family as they have effect with respect to the wife and family of a statutory tenant who is a man;

(d) in any case to which none of the foregoing paragraphs applies, the interest of the statutory tenant shall determine at his death.

(5) In construing the word “family” for the purposes of subsection (3) or subsection (4) of this section—

(a) a person shall be taken as being included among the persons to whom the word refers if, but only if, such person is the tenant's father, mother, grandfather, grandmother, step-father, step-mother, father-in-law, mother-in-law, son-in-law, daughter-in-law, son, daughter, nephew, niece, grandson, granddaughter, step son, step-daughter, brother, sister, half-brother, half-sister, uncle or aunt;

(b) a person adopted under the Adoption Act, 1952 , shall be considered the legitimate offspring of the adopter or adopters,

(c) subject to the foregoing paragraph, an illegitimate person shall be considered the legitimate offspring of his mother and reputed father, and

(d) unless the relevant bona fide residence with the tenant was a residence which began less than six years before the tenant's death, a person in loco parentis to another shall be considered the parent of that other.

Conditions of statutory tenancy.

32. —(1) A statutory tenant shall, so long as he retains possession of a controlled dwelling by virtue of this Act, observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with this Act, and shall be entitled to give up possession of the dwelling only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required, on giving not less than three months' notice.

(2) Notwithstanding anything in subsection (1) of this section, a landlord of a controlled dwelling shall not, for the purpose of exercising any right under this Act, be required to give any notice to quit to a statutory tenant of the dwelling.

(3) (a) A statutory tenant shall not, as a condition of the assignment or giving up possession of a controlled dwelling, ask or receive the payment of any sum, or any other consideration, by any person other than the landlord.

(b) Any person who acts in contravention of paragraph (a) of this subsection shall be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding one hundred pounds.

(c) Where a person is convicted of an offence under this subsection, the Court by which he was convicted may order that any such payment or consideration be repaid to the person by whom it was made or given.

(d) Paragraph (a) of this subsection shall not apply to premises lawfully used in part for the purposes of any business, trade or profession.

(4) It shall be deemed to be a condition of a statutory tenancy in any controlled dwelling—

(a) that the tenant shall afford to the landlord access thereto for the purpose of viewing the condition and state of repair of the dwelling and shall afford all reasonable facilities for executing therein any repairs which the landlord is entitled to execute;

(b) that the tenant will not assign the dwelling or any part thereof without the consent in writing of the landlord, which consent may be withheld only if greater hardship would, owing to the special circumstances of the case, be caused by granting the consent than by withholding it;

(c) that the landlord shall be responsible for any repairs for which the tenant is not under any liability, whether expressed in the contract or implied under section 42 of the Landlord and Tenant Law Amendment Act (Ireland), 1860.

(5) Where, on or after the operative date, a controlled dwelling is lawfully assigned by the statutory tenant (in this subsection referred to as the assignor), then, in the absence of any express agreement between the landlord and the assignee, the following provisions shall have effect—

(a) if the dwelling is, at the date of the assignment, being lawfully used in part for the purposes of any business, trade or profession, the assignee shall, from the said date, be deemed to hold the dwelling in accordance with whichever of the following subparagraphs is applicable—

(i) in case evidence is forthcoming that the dwelling was, immediately before the creation of the statutory tenancy therein, held by the contractual tenant thereof under a tenancy from year to year or for a term of years or other certain period (not being less than one year), or depending on the fall of a life or any other uncertain event, the assignee shall be deemed to hold the dwelling from the landlord under a tenancy from year to year, terminable, on or after the expiration of the first year thereof, by either party by two months' notice expiring on a gale day and, subject thereto, on the same terms and conditions as the assignor;

(ii) in case evidence is forthcoming that the dwelling was so held under a contract of tenancy to which subparagraph (i) of this paragraph does not relate, the assignee shall be deemed to hold the dwelling from the landlord under a contract of tenancy of like duration as the contract of tenancy under which they were so held, and, subject thereto, on the same terms and conditions as the assignor;

(iii) in any other case, the assignee shall be entitled to retain possession of the dwelling on the same terms and conditions as the assignor;

(b) if the dwelling is a dwelling to which paragraph (a) of this subsection does not relate, the assignee shall be entitled to retain possession of the dwelling on the same terms and conditions as the assignor.

Powers of Court in ejectment proceedings.

33. —(1) Where an order for the recovery of possession of a controlled dwelling is made by the Court, or was so made before the operative date, the Court may, at the time of the order or at any time before the execution thereof, stay execution on the order or postpone the date of possession for such period or periods, and subject to such conditions as the Court thinks fit, and if such conditions are complied with the Court may, if it thinks fit, discharge or vary the order.

(2) Where the Court, under subsection (1) of this section, stays execution on an order for the recovery of possession of a controlled dwelling or postpones the date of possession, the Court may from time to time, on application, which may in case of urgency be made ex parte, further stay execution on the order or further postpone the date of possession.

Amendments of section 15 of Summary Jurisdiction (Ireland) Act, 1851.

34. —(1) Notwithstanding anything in section 15 of the Summary Jurisdiction (Ireland) Act, 1851, every warrant for delivery of possession of, or to enter and give possession of, a controlled dwelling shall remain in force for six months from the day next after the last day named in the order for delivery of possession or, in the case of a warrant under the Summary Jurisdiction (Ireland) Act, 1851, from the date of the issue of the warrant, and in either case for such further period or periods, if any, as the Court shall from time to time, whether before or after the expiration of such six months direct.

(2) Section 15 of the Summary Jurisdiction (Ireland) Act, 1851, shall apply to every controlled dwelling the rateable valuation whereof does not exceed ten pounds, notwithstanding that the rent exceeds one pound by the month.

Acceptance of rent by landlord after expiration of notice to quit.

35. —Where the landlord of a controlled dwelling serves a notice to quit on the tenant of the dwelling, the acceptance of any sum purporting to be rent by the landlord for the period mentioned in whichever of the following paragraphs is applicable shall not prejudice his right (if any) to recover possession of the dwelling, that is to say:

(a) if he institutes proceedings for the recovery of possession of the dwelling within three months of the expiration of the notice to quit, the period beginning on the expiration of the notice to quit and ending on the date on which the proceedings are finally determined,

(b) in any other case, the period of three months beginning on the expiration of the notice to quit,

and if an order for possession of the dwelling is made, any such sum so accepted shall be treated as mesne profits.

Order for possession obtained by misrepresentation.

36. —Where it appears to the Court that an order for possession of a controlled dwelling was obtained by the landlord by misrepresentation or concealment of material facts, the Court may order the landlord to pay to the former tenant such sum as the Court thinks proper by way of compensation for damage or loss sustained by the tenant as the result of the order for possession.

Non-application of sections 29 and 30 to lettings for temporary convenience, etc.

37. Sections 29 and 30 of this Act shall not apply—

(a) to a controlled dwelling let to a person during his continuance in any office, appointment or employment, or

(b) to a controlled dwelling let bona fide for the temporary convenience or to meet a temporary necessity of the landlord or the tenant.

Saving for rights of local authorities.

38. —Nothing in this Part shall prevent a local authority from obtaining possession of any controlled dwelling the possession of which is required by them for the purpose of exercising their powers under any enactment for the time being in force or under any scheme made under any such enactment.