PART V.

Miscellaneous.

39. —For the purposes of paragraph (b) of subsection (2) of section 10 and sections 14 , 15 and 40 of this Act, the landlord shall be deemed to 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.

40. —(1) Subject to the subsequent provisions of this section, where owing to the default of the landlord a controlled dwelling is not in good and tenantable repair, the Court may order the landlord to pay to the tenant such sum as, in the opinion of the Court, will be required to put the dwelling into good and tenantable repair.

(2) The Court may refuse to make an order under this section if the landlord satisfies the Court that, having regard to the age, condition, character and situation of the relevant controlled dwelling,—

(a) the cost of putting it into good and tenantable repair would involve an expenditure which would be excessive having regard to the value of the dwelling or the rent which a tenant might reasonably be expected to pay, or

(b) the dwelling could be put into good and tenantable repair only by being rebuilt or reconstructed or structurally altered to a substantial extent.

(3) If, at the time of the application for or the making of any order under this section, the landlord undertakes to put the relevant controlled dwelling into good and tenantable repair, the Court may adjourn the application, or stay or suspend execution on the order, and if the undertaking is fulfilled the Court may discharge the order.

(4) A sum awarded to a tenant by an order under this section shall be expended on suitable repairs to the controlled dwelling to which the order relates, and the order may be made subject to such conditions as the Court thinks fit to impose for the purpose of ensuring that the said sum is so expended.

(5) The right of the tenant to obtain relief under this section shall not prejudice his right to seek relief in any other form of proceedings.

41. —(1) Where a dwelling is not separately valued under the Valuation Acts, the Commissioner of Valuation and Boundary Surveyor may, on the application of the landlord or tenant of the dwelling, apportion to the dwelling such part as he thinks proper of the rateable valuation of the property in which the dwelling is comprised, and the part so apportioned to the said dwelling shall be taken to be the rateable valuation of the dwelling for the purposes of this Act, but not further or otherwise.

(2) The Minister for Finance, after consultation with the Minister, may make regulations fixing a scale of the fees to be paid to the Commissioner of Valuation and Boundary Surveyor for apportionments under subsection (1) of this section.

(3) The following provisions shall have effect in relation to all fees payable under this section:

(a) such fees shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister;

(b) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.

42. —(1) A person shall not, as a condition of the grant, renewal, or continuance of a tenancy or subtenancy of any controlled dwelling, require the payment of any fine, premium, or other like sum, or the giving of any valuable consideration, in addition to the rent, and, where any such payment or consideration is made or given in respect of any such dwelling, the amount or value thereof may be recovered within, but not later than, six years after the date on which it was made or given.

(2) If any person who recovers any sum made recoverable by this section has assigned or otherwise disposed of his interest in the tenancy for valuable consideration, the sum recovered by him shall be held by him in trust for such person as shall seem to the Court to be equitably entitled thereto.

(3) A person requiring any payment or other consideration in contravention of this section shall be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding one hundred pounds, and the Court by which he is convicted may order the amount paid or the value of the consideration to be repaid to the person by whom the payment or other consideration was made or given.

(4) (a) Any person making or offering to make any payment or giving or offering to give any consideration the requiring of which would be in contravention of this section, or advertising or publishing any such offer, shall be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding twenty pounds.

(b) No proceedings under this subsection shall be taken against any person who has instituted proceedings under subsection (1) of this section, or who has supplied any information for the purpose of the institution of any proceedings under subsection (3) of this section.

(5) Any grant, renewal, or continuance of a tenancy as a condition of which any payment or consideration has been made or given in contravention of this section shall, without prejudice to the operation of this section, be voidable at the option of either party thereto, without prejudice to the right of the tenant, if he has entered into possession of the dwelling comprised therein, to retain possession thereof by virtue of the provisions of this Act after any such option has been exercised.

(6) This section shall not apply to the grant, renewal or continuance for a term of fourteen years or upwards of any tenancy.

43. —(1) No distress for the rent of a controlled dwelling shall be levied except by order of the Court.

(2) Where the Court makes an order under subsection (1) of this section, the Court may attach to the execution of the order such conditions as the Court thinks fit.

44. —Any sum which under this Act is recoverable by a tenant from a landlord or payable or repayable by a landlord to a tenant may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord.

45. —(1) An order to which this section applies shall be binding only as between the parties consenting thereto and, save as between those parties, shall be disregarded by the Court in determining or adjusting a basic rent.

(2) This section applies to an order made by any court on consent—

(a) which was made for the purposes of this Act, with respect to the determination or apportionment of the basic rent, or the apportionment of a rateable valuation, of a controlled dwelling, or

(b) which was made before the commencement of this Act, for the purposes of any of the former enactments relating to restriction of rent, with respect to the determination of a rent corresponding to a basic rent, or the apportionment of a rateable valuation, of a house or part of a house.

46. —(1) Where—

(a) the tenancy of a controlled dwelling (being a tenancy which commenced after the commencement of this Act) having terminated, possession of the dwelling is surrendered, and

(b) a deposit made as security for payment of the rent stands not repaid, and

(c) the person to whom the rent was last paid is not the person with whom the deposit was made,

the deposit shall be deemed, for the purposes of the recovery thereof, to have been made with the person to whom the rent was last paid.

(2) Where—

(a) during the tenancy of a controlled dwelling (being a tenancy which commenced after the commencement of this Act) a deposit made as security for payment of the rent stands made, and

(b) the deposit is not an approved deposit,

the deposit shall be recoverable on demand and, for that purpose, shall be deemed, in a case in which the person to whom the rent was last paid is not the person with whom the deposit was made, to have been made with the person to whom the rent was last paid.

(3) In subsection (2) of this section “approved deposit” means a deposit satisfying the following requirements:

(a) that it does not exceed in amount a sum equivalent to three months' rent, and

(b) that its amount, in case the agreement for the tenancy was made in writing, was set out in or endorsed on that agreement and, in any other case, was set out at the time it was made in the rent book.

(4) There shall be implied in every contract made after the commencement of this Act for the sale of any interest in a controlled dwelling a provision (if not already expressly included) binding the vendor to give (by way of statutory declaration if so required) to the purchaser any information in the vendor's possession or procurement regarding any deposit made after such commencement by a tenant of the dwelling as security for payment of the rent.

47. —(1) Where the tenant of a controlled dwelling (being a tenant under a contract of tenancy for a term not exceeding twenty-one years) sublets part of the dwelling solely for the purposes of any business, trade or profession, the landlord of the tenant may at any time while the subtenancy subsists, by not less than three months' notice expiring on any gale day served on the tenant, determine the tenancy of the tenant and thereupon—

(a) the subtenant shall become immediate tenant, of the part sublet to him, to such landlord on the same terms and conditions as those on which he previously held from the tenant, and

(b) the tenant shall become immediate tenant, of the remainder of the dwelling, to such landlord at so much of his former rent as is, on apportionment (to be made, in default of agreement, by the Court) attributable to such remainder and, subject thereto, on the same terms and conditions as he previously held the dwelling from such landlord.

(2) Where the tenant of a controlled dwelling (being a tenant under a contract of tenancy for a term not exceeding twenty-one years) retains and uses solely for the purposes of any business, trade or profession part of the dwelling and sublets the remainder so that it becomes a controlled dwelling, the landlord of the tenant may at any time while the subtenancy subsists, by not less than three months' notice expiring on any gale day served on the tenant, determine the tenancy of the tenant and thereupon—

(a) the subtenant shall become immediate tenant, of the part sublet to him, to such landlord on the same terms and conditions, but subject to this Act, as those on which he previously held from the tenant, and

(b) for the purposes of the Landlord and Tenant Act, 1931 , the tenant shall be deemed always to have held a tenancy in that part only of the dwelling which he retained and used solely for the purposes of any business, trade or profession and the references to a notice to quit in sections 19 and 24 of that Act shall be construed as references to the notice under this subsection.

48. —(1) The Minister may make regulations providing for any or all of the following matters:

(a) the supply of rent books in a form prescribed in the regulations by landlords of controlled premises or any class of controlled dwellings to the tenants of such dwellings;

(b) the custody of such rent books;

(c) the entry of specified particulars in such rent books;

(d) any other matters relating to the user of such rent books which the Minister may think proper to provide for;

(e) any matter or thing referred to in this Act as prescribed;

(f) the compilation of registers of rents of controlled dwellings, or any classes of such dwellings, in such form and containing such particulars as may be prescribed in the regulations, the inspection thereof by members of the public and such other matters relating thereto as the Minister may think proper to provide for;

(g) the provision by landlords of identifying numbers for parts (being controlled dwellings) of any houses or classes of houses.

(2) Every person who fails to comply with any regulation made under subsection (1) (other than paragraph (e)) of this section and for the time being in force shall be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding ten pounds.

(3) (a) On an application by a landlord of a controlled dwelling, the Court may by order exempt the landlord from compliance with regulations relating to rent books made under subsection (1) of this section.

(b) An order shall not be made under this subsection unless the Court is satisfied—

(i) that the applicant has made satisfactory alternative arrangements for keeping records of payments of rent made by his tenants and for furnishing a proper receipt for each such payment, and

(ii) that, having regard to those arrangements and to all the circumstances of the case, it would be unreasonable to require the applicant to comply with the regulations.

(c) The Court may attach to an order made under this subsection such conditions as the Court thinks fit to impose, including, in particular, a condition that the applicant shall furnish each tenant of a controlled dwelling, of which he may from time to time be landlord, with such particulars, relating to the rent payable by the tenant and the rights and obligations of landlords and tenants under this Act, as are required by the regulations to be specified in rent books.

(d) A person who fails to comply with any condition attached to an order made under this subsection in relation to him shall be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding ten pounds.

(4) Every regulation made by the Minister under subsection (1) of this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it annulling the regulation, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.

49. —(1) Where, for the purpose of determining the rateable valuation of a dwelling which is alleged to be a controlled dwelling, it is necessary to apportion the rateable valuation of the property in which the dwelling is comprised (such apportionment not having already been made under section 41 of this Act), the Court may, on the application of either party, make such apportionment as it thinks proper.

(2) Where a dwelling is let or was let at the date in relation to which the basic rent is to be fixed, at a rent which includes or included payment for board, attendance or the use of furniture, or for the supply to the dwelling of heat, hot water, fuel, electricity or any other commodity or for the rendering of any service in connection with the dwelling, the Court may for any of the purposes of this Act make such apportionment as it thinks proper.

(3) On the hearing of an action for the recovery of possession of a controlled dwelling or for the recovery of any rent claimed to be due by a landlord or any sum claimed to be recoverable by a tenant in respect of a controlled dwelling, the Court may on the application of either party at such hearing determine any matter arising under this Act which can in the opinion of the Court be conveniently determined on such hearing.

(4) The Court shall, if satisfied that any error or omission in a notice served under section 13 of this Act is due to a bona fide mistake on the part of the party serving it, have power to amend the notice by correcting any errors and supplying any omissions therein, whether or not such errors or omissions, if not corrected or supplied, would render the notice invalid, on such terms and conditions as appear to the Court to be proper and, if the Court so directs, the notice as so amended shall have effect and be deemed to have had effect as a valid notice under the said section 13.

(5) In addition to the powers specifically conferred on the Court by this Act, the Court may deal with any matter arising under this Act whether a dispute has or has not arisen in relation to that matter.

50. —The jurisdiction and powers conferred on the Court by this Act may be exercised—

(a) by the Circuit Court, or

(b) where—

(i) the rateable valuation of the relevant dwelling does not exceed £10, or

(ii) an order for recovery of possession of the relevant dwelling is sought, the rent of the dwelling being a rent which does not exceed such sum as amounts or might amount to £53 per annum, or

(iii) the parties consent in writing to such exercise,

by the District Court.

51. —(1) Where, immediately before the operative date, proceedings stood pending for the determination of the basic rent (within the meaning of the Act of 1946) of any dwelling, the proceedings shall continue and shall be treated as if they were proceedings under subsection (1) or subsection (2) (as may be appropriate) of section 8 of this Act.

(2) (a) Where, immediately before the operative date, an application which was made under section 28 of the Act of 1946 stood not dealt with under section 29 of that Act, the application shall be treated for the purposes of this Act as an application which was made under section 20 of this Act and, if the application was referred pursuant to subsection (2) of section 28 of the Act of 1946 to the appropriate District Justice, it shall be taken for the purposes of this Act as having been referred pursuant to subsection (2) of section 20 of this Act to that Justice.

(b) Where a provisional order which was made on a particular date under section 29 of the Act of 1946 stood in force immediately before the operative date, the order shall be treated for the purposes of this Act as a provisional order which was made on that date under subparagraph (ii) of paragraph (c) of subsection (1) of section 21 of this Act, subject to the modifications that, with respect to the order, the references to one month in subsection (1) of section 23 and paragraph (a) of subsection (1) of section 24 of this Act shall be construed as references to three months and that in the order—

(i) for the amount specified therein as the basic rent of the dwelling in question there shall be substituted an amount equal to the lawful rent so specified less any amount so specified in respect of rates, and

(ii) for the amount so specified in respect of lawful additions there shall be substituted an amount equal to any amount so specified in respect of rates,

and, if a copy of the order was served pursuant to subsection (1) of section 30 of the Act of 1946 on a particular date before the operative date, a copy thereof shall be taken for the purposes of this Act as having been served pursuant to subsection (1) of section 22 of this Act on that date.

(3) Where, immediately before the operative date, any proceedings, other than proceedings referred to in the foregoing subsections of this section, stood pending under the Act of 1946, the proceedings shall continue and shall be treated as if they were proceedings under the corresponding provisions of this Act.

52. —To avoid doubts, it is hereby declared that any person who, immediately before the operative date, was a statutory tenant (within the meaning of the Act of 1946) of a dwelling shall, subject to this Act, be entitled to retain possession of the dwelling.

53. —(1) Until rules are made regulating the practice and procedure of the Circuit Court for the purposes of this Act, the rules regulating the practice and procedure of the Circuit Court for the purposes of the Act of 1946 shall apply for the purposes of this Act with the necessary modifications.

(2) Until rules are made regulating the practice and procedure of the District Court for the purposes of this Act, the rules made under section 19 of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 , so far as they relate to the District Court, and the District Court Rules (No. 1), 1947, shall apply for the purposes of this Act with the necessary modifications.

54. —(1) This section applies to premises which, immediately before the operative date, were—

(a) controlled premises within the meaning of the Act of 1946 and business premises within that meaning, and

(b) premises the letting of 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.

(2) The Landlord and Tenant Act, 1931 , shall apply to all premises to which this section applies and for that purpose—

(i) “tenement” in that Act shall include all such premises,

(ii) “business” in that Act shall include all trades, professions and businesses, whether or not carried on for gain or reward, and also the public service,

(iii) subsection (1) of section 19 of that Act shall have effect as if the following word and paragraph were added thereto:

“or

(e) such tenement is premises referred to in subsection (1) of section 54 of the Rent Restrictions Act, 1960.”,

(iv) in any application of paragraph (a) of subsection (2) of section 24 of that Act to any such premises, the reference in that paragraph to one month shall be construed as a reference to six months,

(v) where any such premises were, immediately before the operative date, held under a statutory tenancy within the meaning of the Act of 1946, the tenant under that tenancy shall, on and after that date, be deemed to hold the premises 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 gale day served on the tenant, determine the tenancy,

(vi) any notice under the foregoing paragraph shall, for the purposes of paragraph (a) of subsection (2) of section 24 of that Act be deemed to be a notice to quit.