Rent Restrictions Act, 1960

Rent Restrictions Act, 1960 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1960 Rent Restrictions Act, 1960 Rent Restrictions Act, 1960 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 42 of 1960. RENT RESTRICTIONS ACT, 1960. ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title and commencement. 2. Interpretation generally. 3. Controlled dwelling. 4. Dwellings used in part for business purposes, etc. 5. Repeals and adaptations of references to repealed Acts. 6. Expenses. PART II Restriction of Rent of Controlled Dwellings Chapter 1 Lawful Rent of Controlled Dwellings 7. Basic rent of certain controlled dwellings. 8. Revision of basic rent of controlled dwellings to which section 7 applies. 9. Basic rent of controlled dwellings to which section 7 does not apply. 10. Lawful additions to basic rent. 11. Lawful rent. Chapter 2 Determination of Rent and Recovery of Overpayments 12. Information as to basic rent or lawful rent. 13. Determination of rent to be paid by tenants. 14. Effect of transfer to tenant of burdens previously borne by landlord. 15. Reduction of rent owing to default of landlord in keeping controlled dwelling in repair. 16. Sums declared to be irrecoverable. 17. Recovery of overpayments. 18. Limitation on recovery of overpayments. PART III Special Provisions for Relief of Tenants of Small Controlled Dwellings 19. Interpretation of Part III. 20. Applications for provisional orders. 21. Making of provisional orders. 22. Provisions as to provisional orders. 23. Application by landlord or tenant in relation to provisional order. 24. Provisions applicable in default of application by landlord or tenant. 25. Exemption from Court fees. 26. Review on grounds of fraud surprise, mistake or disability. 27. District court valuers. 28. Reference by District Justices of questions affecting rateable valuation or rent of small controlled dwellings to valuers. PART IV Restrictions on Recovery of Possession of Controlled Premises 29. Restrictions on landlord's right to possession of controlled dwelling. 30. Saving for rights of subtenants. 31. Statutory tenancy. 32. Conditions of statutory tenancy. 33. Powers of Court in ejectment proceedings. 34. Amendments of section 15 of Summary Jurisdiction (Ireland) Act, 1851. 35. Acceptance of rent by landlord after expiration of notice to quit. 36. Order for possession obtained by misrepresentation. 37. Non-application of sections 29 and 30 to lettings for temporary convenience, etc. 38. Saving for rights of local authorities. PART V Miscellaneous 39. Liability for repairs. 40. Payment to tenant in case of disrepair of controlled dwelling owing to default of landlord. 41. Apportionment of rateable valuation by Commissioner of Valuation. 42. Restrictions on premiums. 43. Restriction on levy of distress for rent. 44. Method of recovery of sums due by landlords to tenants. 45. Restriction of certain orders. 46. Recovery of deposit made as security for payment of rent. 47. Provisions in relation to certain sublettings. 48. Regulations. 49. Powers of the Court generally. 50. Exercise of jurisdiction of Court. 51. Continuance of pending proceedings. 52. Position of statutory tenants under Act of 1946. 53. Rules as to procedure. 54. Application of Landlord and Tenant Act, 1931, to certain premises. FIRST SCHEDULE SECOND SCHEDULE Acts Referred to Rent Restrictions Act, 1946 1946, No. 4 Increase of Rent and Mortgage Interest (War Restrictions) Act, 1915 5 & 6 Geo. 5, c. 97 Increase of Rent and Mortgage Interest (Restrictions) Act, 1919 1919, c. 7 Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 1920, c. 17 Emergency Powers (No. 313) Order, 1944 1944, S. R. & O., No. 29 Emergency Powers (No. 313) Order, 1944 (Amendment) Order, 1945 1945, S. R. & O., No. 188 Housing and Labourers Act, 1937 1937, No. 42 Housing (Amendment) Act, 1952 1952, No. 16 Housing (Amendment) Act, 1954 1954, No. 16 Local Government (Rates on Small Dwellings) Act, 1928 1928, No. 4 Civil Service Commissioners Act, 1956 1956, No. 45 Civil Service Regulation Act, 1956 1956, No. 46 Housing (Miscellaneous Provisions) Act, 1931 1931, No. 50 Adoption Act, 1952 1952, No. 25 Landlord and Tenant Law Amendment Act (Ireland), 1860 . 1860, c. 154 Summary Jurisdiction (Ireland) Act, 1851 1851, c. 92 Landlord and Tenant Act, 1931 1931, No. 55 Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 1923, No. 19 Number 42 of 1960. RENT RESTRICTIONS ACT, 1960. AN ACT TO MAKE PROVISION FOR RESTRICTING THE INCREASE OF RENT AND THE RECOVERY OF POSSESSION OF PREMISES IN CERTAIN CASES AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [21st December, 1960.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary and General. Short title and commencement. 1.—(1) This Act may be cited as the Rent Restrictions Act, 1960. (2) This Act shall come into operation on the 31st day of December, 1960. Interpretation generally. 2.—(1) In this Act, unless the context otherwise requires— “the Act of 1946” means the Rent Restrictions Act, 1946 ; “basic rent” means, in relation to a controlled dwelling, the basic rent of the dwelling determined under section 7 , section 8 or section 9 (as the case may be) of this Act “controlled dwelling” means any dwelling to which, by virtue of section 3 of this Act, the Act applies; “District Justice” means a Justice of the District Court; “dwelling” means a house let as a separate dwelling, or a part, so let, of any house, whether or not the tenant shares with any other persons any portion thereof or any accommodation, amenity or facility in connection therewith; “the former enactments relating to restriction of rent” means— (a) the Increase of Rent and Mortgage Interest (War Restrictions) Act, 1915, (b) the Increase of Rent and Mortgage Interest (Restrictions) Act, 1919, (c) the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920, (d) the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, (e) the Emergency Powers (No. 313) Order, 1944, and the Emergency Powers (No. 313) Order, 1944 (Amendment) Order, 1945, and (f) the Rent Restrictions Acts, 1946 to 1959; “landlord”, when used in relation to any dwelling, includes any person from time to time deriving title under the original landlord of the dwelling, and also includes any person, other than the tenant, who is or would but for this Act be entitled to possession of the dwelling; “lawful addition” means, in relation to the basic rent of a controlled dwelling, any sum which is, by virtue of section 10 of this Act, a lawful addition to the basic rent; “lawful rent” means, in relation to a controlled dwelling, the sum declared by section 11 of this Act to be the lawful rent of the dwelling; “let” includes sublet; “the Minister” means the Minister for Justice; “non-statutory tenant” means a tenant who is not a statutory tenant; “the operative date” means the date of the commencement of this Act, that is to say, the 31st day of December, 1960; “prescribed” means prescribed by the Minister by regulations made under this Act; “rates” means, in relation to a controlled dwelling, the rates (including water rates) which are made by a local authority (being the council of a county, the corporation of a county or other borough, or the council of an urban district) in respect of the dwelling for the service of any local financial year and which by any Act are, or but for any Act would be, chargeable on the occupier of the dwelling; “statutory tenancy” means the interest of a statutory tenant in the dwelling in relation to which the expression is used; “statutory tenant” means a person being either— (a) a person who retains possession of any controlled dwelling after his contractual tenancy therein (not being a tenancy to which section 37 of this Act applies) has terminated, or (b) a person who retains possession of any controlled dwelling under subsection (2), subsection (3) or subsection (4) of section 31 of this Act, or (c) a person who retains possession of any controlled dwelling under subparagraph (iii) of paragraph (a) or under paragraph (b) of subsection (5) of section 32 of this Act, or (d) a person who retains possession of any controlled dwelling under section 52 of this Act; “tenant” includes in relation to any dwelling a statutory tenant, and includes any person from time to time deriving title under the original tenant, and also includes a subtenant. (2) References in this Act to an order for the recovery of possession of a controlled dwelling shall be construed as including references to an order for ejectment of a tenant therefrom. (3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment. Controlled dwelling. 3.—(1) Subject to subsection (2) of this section, this Act applies to every dwelling. (2) This Act does not apply to— (a) a dwelling the rateable valuation of which exceeds— (i) in case the dwelling is situate in the county borough of Dublin or the borough of Dún Laoghaire, sixty pounds, (ii) in any other case, forty pounds, (b) a dwelling erected after, or in course of being erected on, the 7th day of May, 1941, (c) a dwelling the letting of which is under the Labourers Acts, 1883 to 1958, or the Housing of the Working Classes Acts, 1890 to 1958, (d) a dwelling let at a rent (hereinafter called the reserved rent) which includes payments 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 services in connection with the dwelling, unless, on apportionment of the reserved rent by the Court, the portion of the reserved rent which, in the opinion of the Court, is attributable to the dwelling alone equals or exceeds three quarters of the reserved rent, in which case the rent of the dwelling shall be taken, for the purposes of this Act, to be the portion of the reserved rent so attributable to the dwelling alone, (e) a house which at the commencement of this Act is occupied by the owner thereof for the purposes of his own residence, or thereafter becomes so occupied, (f) a house of which the landlord is, at the commencement of this Act, in possession or thereafter comes into possession and the rateable valuation whereof exceeds— (i) in case the house is situate in the county borough of Dublin or the borough of Dún Laoghaire, thirty pounds, (ii) in any other case, twenty-five pounds, (g) a dwelling which is a separate and self-contained flat forming part of any buildings which, after the commencement of this Act, were reconstructed by way of conversion into two or more separate and self-contained flats, (h) a dwelling let together with land other than the site of the dwelling, if the rateable valuation of the land exceeds the lesser of the following: (i) half the rateable valuation of the site including the building or buildings thereon, or (ii) (I) in case the dwelling is situate in the county borough of Dublin or the borough of Dún Laoghaire, ten pounds, (II) in any other case, five pounds. (3) The application of this Act to a dwelling forming part of a house (other than a house erected after, or in course of being erected on, the 7th day of May, 1941, or a house the letting of which is under the Labourers Acts, 1883 to 1958, or the Housing of the Working Classes Acts, 1890 to 1958) shall not be excluded by reason only of the fact that this Act does not apply to the house. (4) Where the rateable valuation of a dwelling is increased and thereby the valuation becomes a valuation which exceeds— (a) in case the dwelling is situate in the county borough of Dublin or the borough of Dún Laoghaire, sixty pounds, or (b) in any other case, forty pounds, this Act shall, notwithstanding paragraph (a) of subsection (2) of this section, continue to apply to the dwelling unless and until the landlord comes into possession thereof. (5) Where, immediately before the commencement of this Act,— (a) a dwelling stood let together with land other than the site of the dwelling, and (b) the Act of 1946 applied to the dwelling. this Act shall, notwithstanding paragraph (h) of subsection (2) of this section, apply to the dwelling unless and until the landlord comes into possession thereof. (6) In paragraph (e) of subsection (2) of this section “owner” includes a person having any estate or interest in the house except under a contract of tenancy not being for more than a term of twenty-one years. (7) In paragraph (f) of subsection (2) and in subsections (4) and (5) of this section “possession” means actual possession, and a landlord shall not be deemed to have come into possession by reason only of a change of tenancy made with his consent. Dwellings used in part for business purposes, etc. 4.—The application of this Act to a dwelling shall not be excluded by reason only of the fact that part of it is used for the purposes of any business, trade or profession. Repeals and adaptations of references to repealed Acts. 5.—(1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. (2) References in any Act passed before the passing of this Act to the Rent Restrictions Acts, 1946 to 1959, or to any of those Acts, shall be construed as references to this Act. Expenses. 6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART II. Restriction of Rent of Controlled Dwellings. Chapter 1. Lawful Rent of Controlled Dwellings. Basic rent of certain controlled dwellings. 7.—(1) This section applies to— (a) a controlled dwelling in respect of which evidence is forthcoming of both of the following facts— (i) that it was on the operative date (in this section referred to as the relevant date) held by an occupying tenant thereof under a contract of tenancy not being for more than a term of five years or under a statutory tenancy (within the meaning of the Act of 1946), and (ii) the rent at which it was so held; (b) a controlled dwelling in respect of which evidence is forthcoming of all the following facts— (i) that it was not so held on the operative date, (ii) that it was last so held on a date (in this section also referred to as the relevant date) during the period of three years ending on the operative date, and (iii) the rent at which it was so held. (2) The basic rent of a controlled dwelling to which this section applies shall be— (a) in the case of a dwelling specified in the Schedule attached to the Agreement entered into on the 6th day of October, 1960, between the Dublin Artisans' Dwellings Company Limited and the Dublin Artisans' Dwellings Tenants Association and deposited in the Public Record Office—the rent specified in the third column of that Schedule in respect of the dwelling, and (b) in any other case—the net rent at which it was held on the relevant date. (3) For the purposes of this section, the net rent at which a controlled dwelling was held on the relevant date shall be taken to be— (a) in case the landlord at the relevant date habitually paid or allowed a deduction or set-off against, or indemnified the tenant in respect of, the rates or any part thereof, the rent payable at that date less the amount of the payment, allowance, deduction, set-off or indemnity (as the case may be); (b) in any other case, the rent payable at that date. Revision of basic rent of controlled dwellings to which section 7 applies. 8.—(1) (a) If, on an application to the Court under this subsection by the landlord of a controlled dwelling to which section 7 of this Act applies, not being a dwelling referred to in paragraph (a) of subsection (2) of that section, the Court is satisfied— (i) that the basic rent of the dwelling falls short of, by an amount exceeding one-eighth of the basic rent, the rent (in this subsection referred to as the notional rent) which, if the premises were premises to which section 9 of this Act applies, would be determined by the Court as the basic rent thereof, and (ii) that the amount of the basic rent was affected by special circumstances, the basic rent of the dwelling shall be determined by the Court and shall be the amount which, in the opinion of the Court, represents the notional rent, and thenceforth the dwelling shall, without prejudice to the previous application thereto of paragraph (a) of section 16 of this Act, become a dwelling to which section 9 of this Act applies as if such determination had been made under that section. (b) In determining pursuant to paragraph (a) of this subsection the notional rent of a dwelling to which Chapter 1 of Part II of the Act of 1946 applied, “(being dwellings to which Chapter 1 of Part II of the Act of 1946 applied)” shall be regarded as being contained in subsection (2) of section 9 of this Act after “controlled dwellings” and, in determining as aforesaid the notional rent of any other dwelling, “(being dwellings to which Chapter 2 of Part II of the Act of 1946 applied)” shall be regarded as being so contained in that subsection. (2) (a) If, on an application to the Court under this subsection by the tenant of a controlled dwelling to which section 7 of this Act applies, not being a dwelling referred to in paragraph (a) of subsection (2) of that section, the Court is satisfied that the basic rent of the dwelling exceeds, by an amount exceeding one-eighth of the basic rent, the rent (in this subsection referred to as the notional rent) which, if the dwelling were a dwelling to which section 9 of this Act applies, would be determined by the Court as the basic rent thereof, the basic rent of the dwelling shall be determined by the Court and shall be the amount which, in the opinion of the Court, represents the notional rent, and thenceforth the dwelling shall, without prejudice to the previous application thereto of paragraph (a) of section 16 of this Act, become a dwelling to which section 9 of this Act applies as if such determination had been made under that section. (b) In determining pursuant to paragraph (a) of this subsection the notional rent of a dwelling— (i) the Court shall have regard to any amount expended on the improvement, structural alteration or repair of the dwelling which is an amount by reference to which a lawful addition within the meaning of the Act of 1946 has been obtained, and (ii) in the case of a dwelling of which the rateable valuation does not exceed ten pounds and which is a dwelling to which Chapter 1 of Part II of the Act of 1946 applied, “(being dwellings to which Chapter 1 of Part II of the Act of 1946 applied)” shall be regarded as being contained in subsection (2) of section 9 of this Act after “controlled dwellings” and, in the case of any other dwelling, “(being dwellings to which Chapter 2 of Part II of the Act of 1946 applied)” shall be regarded as being so contained in that subsection. (3) (a) If, on an application to the Court under this subsection by the tenant of a controlled dwelling, the Court is satisfied that the dwelling is a dwelling to which this subsection applies and that the basic rent of the dwelling exceeds the notional rent, the basic rent of the dwelling shall be determined by the Court and shall be the amount which, in the opinion of the Court, represents the notional rent, and thenceforth the dwelling shall, without prejudice to the previous application thereto of paragraph (a) of section 16 of this Act, become a dwelling to which section 9 of this Act applies as if such determination had been made under that section. (b) In this subsection— “dwelling to which this subsection applies” means a controlled dwelling— (i) to which section 7 of this Act applies, not being a dwelling referred to in paragraph (a) of subsection (2) of that section, (ii) with respect to which the basic rent (within the meaning of the Act of 1946) was fixed by section 8 of the Act of 1946 or was determined by the Court under that Act, and (iii) which was held by the tenant on the relevant date at a rent in excess of the lawful rent (within the meaning of the Act of 1946); “the notional rent” means, in relation to a dwelling,— (i) in case, at the relevant date, the landlord habitually paid or allowed a deduction or set-off against, or indemnified the tenant in respect of, the rates or any part thereof, the lawful rent (within the meaning of the Act of 1946) at that date less the amount of the payment, allowance, deduction, set-off or indemnity (as the case may be), (ii) in any other case, the lawful rent (within the meaning of the Act of 1946) at the relevant date; “the relevant date” has the same meaning as that expression has in section 7 of this Act. Basic rent of controlled dwellings to which section 7 does not apply. 9.—(1) This section applies to every controlled dwelling other than controlled dwellings to which section 7 of this Act applies. (2) The basic rent of a controlled dwelling to which this section applies shall be determined by the Court and shall be a rent of such amount as the Court considers reasonable having regard as far as possible to the basic rents of controlled dwellings which are comparable in regard to location, accommodation, amenities, state of repair and rateable valuation. (3) For the purpose of the determination by the Court of the basic rent under this section, the tenant shall be deemed to be responsible for the rates. Lawful additions to basic rent. 10.—(1) In this section “the critical date” means— (a) in the case of a controlled dwelling to which section 7 of this Act applies, the operative date, (b) in the case of a controlled dwelling to which section 9 of this Act applies— (i) in case it has become such a dwelling by virtue of section 8 of this Act, the operative date, and (ii) in any other case, the date of the institution of the proceedings in which the basic rent of the dwelling is determined. (2) For the purposes of this Act and subject to the subsequent provisions of this section, the sum mentioned in any paragraph of this subsection shall, in the case set out in that paragraph, be a lawful addition to the basic rent of a controlled dwelling: (a) in case the landlord of the dwelling pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, a sum equal to the amount for the time being of the payment, deduction, set-off or indemnity (as the case may be); (b) in case the landlord is liable for the whole or part of the repairs to the dwelling, a sum equal to twelve and one-half per cent. of the basic rent; (c) in case the landlord, on or after the critical date, expends any amount (excluding any amount expended on decoration or repairs) on the improvement or structural alteration of the dwelling, a sum equal to eight per cent. per annum of that amount; (d) in case the landlord, on or after the critical date, expends any amount on repairs to the dwelling which are wholly or mainly rendered necessary because of acts of waste by, or the neglect or default of, the tenant or any person residing with him or any of his lodgers or subtenants, a sum equal to eight per cent. per annum of that amount; (e) in case the landlord, during any period of two years ending on a 31st day of December (being the 31st day of December, 1960, the 31st day of December, 1961, the 31st day of December, 1962 or any subsequent 31st day of December), expends an amount in excess of two-thirds of the basic rent of the dwelling on putting the dwelling into a reasonable state of repair, a sum calculated in accordance with the scale set out in the Second Schedule to this Act. (3) Where— (a) an amount is expended on improvement, structural alteration or repair of a dwelling, being improvement, alteration or repair commencing on or after the 1st day of April, 1961, and (b) apart from this subsection, there would, having regard to paragraph (c), (d) or (e) (as the case may be) of subsection (2) of this section, be a lawful addition to the basic rent of the dwelling by reference to the amount, there shall be no lawful addition to the basic rent of the dwelling by reference to the amount unless the landlord has, at least fourteen days before the commencement of the improvement, alteration or repair, served on the tenant a notice in the prescribed form, or a form substantially to the same effect, containing particulars of the work proposed to be done and the estimated cost thereof. (4) Where— (a) a house consists of two or more controlled dwellings and the landlord of the dwellings expends— (i) an amount (excluding any amount expended on decoration or repairs) on the improvement or structural alteration of the house, or (ii) an amount on repairs to the house which are wholly or mainly rendered necessary because of acts of waste by, or the neglect or default of, any of the tenants or any person residing with any of the tenants or any of the lodgers or subtenants of any of the tenants, and (b) all the controlled dwellings benefit directly or indirectly from the improvement, alteration or repairs, the amount shall, for the purposes of subsection (2) of this section, be taken as apportioned among the dwellings in proportion to their respective rateable valuations. (5) Where— (a) a house consists of two or more controlled dwellings and the landlord of the dwellings expends an amount in excess of two-thirds of the aggregate of the basic rents of the dwellings on putting the house into a reasonable state of repair, and (b) all the controlled dwellings benefit directly or indirectly from the repairs, the following provisions shall have effect for the purposes of subsection (2) of this section: (i) a calculation shall be made in accordance with the provisions of paragraph (e) of that subsection of the sum which would be the lawful addition if the house were a dwelling having a basic rent equal to the aggregate of the basic rents of the dwellings, (ii) that sum shall be apportioned among the dwellings in proportion to their respective rateable valuations, (iii) the said paragraph (e) shall be taken as having provided, as respects each dwelling, for the sum apportioned to it on the apportionment (and no other sum) being a lawful addition to its basic rent. (6) (a) In the case of a dwelling with respect to which there has been, during a relevant period, an excess of expenditure such as is referred to in paragraph (g) of subsection (2) of section 11 or paragraph (e) of subsection (2) of section 17 of the Act of 1946 (being an excess of expenditure by reference to which there has been a lawful addition within the meaning of that Act) paragraph (b) of subsection (2) of this section shall not apply in relation to the dwelling except in a case in which a relevant grant was made in respect of repairs by reference to which the excess of expenditure occurred, and, in any such case, in the calculation of the lawful addition under the said paragraph (b), the basic rent shall be reduced by the portion thereof which is attributable to the addition under the said paragraph (g) or the said paragraph (e) (as the case may be). (b) In the case of a dwelling with respect to which there has been, during a relevant period, an excess of expenditure such as is referred to in paragraph (e) of subsection (2) of this section (being an excess of expenditure by reference to which there has been a lawful addition), paragraph (b) of that subsection shall cease to apply in relation to the dwelling except in a case in which a relevant grant was made in respect of repairs by reference to which the excess of expenditure occurred. (c) In this subsection— “relevant period” means— (i) in paragraph (a)—any period of two years ending on a 31st day of December, being the 31st day of December, 1945, or any subsequent 31st day of December not later than the 31st day of December, 1960, and (ii) in paragraph (b)—any period of two years ending on a 31st day of December, being the 31st day of December, 1960, or any subsequent 31st day of December; “relevant grant” means a grant under section 5 of the Housing and Labourers Act, 1937 , under that section as extended by section 33 of the Housing (Amendment) Act, 1952 , or under section 12 of the Housing (Amendment) Act, 1954 . (7) Where portion of the basic rent of a dwelling is attributable to an addition under paragraph (g) of subsection (2) of section 11 or paragraph (e) of subsection (2) of section 17 of the Act of 1946 in respect of expenditure during the period of two years ending on the 31st day of December, 1960, paragraph (e) of subsection (2) of this section shall have effect in relation to the dwelling as if the references therein to the 31st day of December, 1960, and the 31st day of December, 1961, were omitted. (8) For the purposes of subsection (2) of this section, the amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1958, as amended or extended by any subsequent enactment, shall not be reckoned as part of any amount expended on any improvement, structural alteration or repairs to which that subsection applies. (9) In the application of this Chapter to a small dwelling, within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 , the following provisions shall have effect: (a) the word “rates” in paragraph (a) of subsection (2) of this section shall not include a rate made by virtue of the last-mentioned Act on the owner of the small dwelling, and (b) the amount by which the rent of the small dwelling is increased by virtue of section 6 of the last-mentioned Act shall be taken into account as a lawful addition in calculating the lawful rent of the small dwelling. Lawful rent. 11.—The lawful rent of a controlled dwelling shall be— (a) in case there is no lawful addition to the basic rent of the dwelling, the basic rent of the dwelling, (b) in any other case, the sum of the basic rent of the dwelling and the lawful additions thereto. Chapter 2.. Determination of Rent and Recovery of Overpayments. Information as to basic rent or lawful rent. 12.—(1) The landlord or the tenant of a controlled dwelling shall, on being so requested by the Court, supply the Court with a statement in writing affording any information in his possession or procurement requisite to enable the Court to determine the basic rent or the lawful rent of the dwelling. (2) The landlord of a controllod dwelling shall, on being so requested in writing by the tenant, supply the tenant with a statement affording any information in the landlord's possession or procurement requisite to enable the tenant to determine the basic rent or the lawful rent of the dwelling or have it determined by the Court. (3) The tenant of a controlled dwelling shall, on being so requested in writing by the landlord, supply the landlord with a statement in writing affording any information in the tenant's possession or procurement requisite to enable the landlord to determine the basic rent or the lawful rent of the dwelling or have it determined by the Court. (4) There shall be implied in every contract, made on or after the 12th day of March, 1946, and before the operative date or made on or after the operative date, for the sale of any interest in a controlled dwelling (if not already expressly included) a provision binding the vendor to give to the purchaser any information in the vendor's possession or procurement requisite to enable the purchaser to determine the basic rent or the lawful rent of the dwelling or any part thereof. (5) Every stipulation in a contract for the sale of a dwelling, whereby the purchaser is precluded from making requisitions as to the matters mentioned in subsection (4) of this section shall be void. (6) If, without reasonable excuse, a person requested under subsection (1), (2) or (3) of this section to supply a statement fails within twenty-eight days to do so or supplies a statement which is false or misleading in any material particular and not proved to have been made innocently and without intent to deceive, he shall be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding fifty pounds. Determination of rent to be paid by tenants. 13.—(1) The rent to be paid by a tenant in respect of a controlled dwelling shall, subject to this Act, be determined in accordance with the following provisions: (a) where the landlord and the tenant agree upon the rent to be paid by the tenant and the rent so agreed upon does not exceed the amount which is then the lawful rent of the dwelling, the rent so agreed upon shall, until varied by agreement or by a notice under this section, be and continue to be the rent to be paid by the tenant in respect of the dwelling; (b) where the rent for the time being payable by the tenant is less than the lawful rent for the time being and the landlord serves on the tenant a notice under this section increasing the rent to an amount not exceeding the lawful rent for the time being, then, as from the date on which the notice takes effect, the rent as so increased shall, until varied by agreement or by a notice under this section, be and continue to be the rent to be paid by the tenant in respect of the dwelling; (c) where the rent for the time being payable by the tenant exceeds the lawful rent for the time being and the tenant serves on the landlord a notice under this section reducing the rent to an amount equal to the lawful rent for the time being, then, as from the date on which the notice takes effect, the rent as so reduced shall, until varied by agreement or a notice under this section, be and continue to be the rent to be paid by the tenant in respect of the dwelling; (d) where the rent to be paid by a statutory tenant has not been determined under any of the foregoing paragraphs of this subsection, the rent payable by the tenant for the time being in respect of the dwelling on the operative date, or the then lawful rent (whichever is the lesser), or if the statutory tenant has since the operative date held under any contract of tenancy, the rent last payable by him under that contract or the then lawful rent (whichever is the lesser) shall, subject to this section, be and continue to be the rent to be paid in respect of the dwelling; (e) where the rent to be paid by a non-statutory tenant has not been determined under any of the foregoing paragraphs of this subsection, the rent payable by the tenant for the time being in respect of the dwelling on the operative date, or the then lawful rent (whichever is the lesser), or if the tenant holds under any contract of tenancy, the tenancy whereunder commenced subsequent to the operative date, the rent payable by him at the commencement of the tenancy or the then lawful rent (whichever is the lesser) shall, subject to this section, be and continue to be the rent to be paid in respect of the dwelling. (2) In the case of a controlled dwelling to which section 9 of this Act applies and of which the basic rent has not been determined under that section, where the landlord serves on the tenant a notice under this section increasing the rent to a rent consisting of the aggregate of— (a) the rent (to be specified in the notice) which the landlord considers would be determined by the Court as the basic rent, and (b) the lawful additions (to be specified in the notice) which he considers could properly be added to that basic rent, such increased rent shall, until varied by agreement or by the Court, be and continue to be the rent to be paid by the tenant in respect of the dwelling. (3) Every notice served under this section shall be in the prescribed form, or a form substantially to the same effect, and shall contain the relevant particulars indicated by the form. (4) The following provisions shall have effect with respect to notices under subsection (1) or subsection (2) of this section: (a) in case— (i) the notice purports to increase the rent payable by a non-statutory tenant to an amount exceeding the amount which would, under the terms of his contract of tenancy and disregarding any enactment (including this Act) by which any term thereof relating to rent is modified, be payable at the time when the notice is expressed to take effect, and (ii) the increase is not an increase based solely on an increase of the rates payable on a dwelling any tenant of which has availed himself of this Act or of any of the former enactments relating to restriction of rent to obtain a reduction of the rent of the dwelling, the notice shall take effect on the date mentioned in whichever of the following subparagraphs is applicable: (I) if the tenancy could be legally determined on any day subsequent to service of the notice but not later than the date on which the notice is expressed to take effect, that date, (II) if the tenancy could not be so determined, the earliest date on which, if the notice were a notice to quit, it would be effective to determine the tenancy; (b) in any other case, the notice shall take effect on the expiry of seven clear days from the date of service. (5) If a notice served under this section contains any statement or representation which is false or misleading in any material respect, the person making or causing to be made such statement or representation shall be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding ten pounds unless he proves that the statement or representation was made innocently and without intent to deceive. (6) At any time after the expiry of a notice under paragraph (b) of subsection (1) or under subsection (2) of this section 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 (e) of subsection (2) of section 10 of this Act, the Court may, on the application of the tenant, 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, or (ii) that the improvements, structural alterations or repairs have not been carried out satisfactorily, disallow or reduce the increase accordingly, as from such date (whether before the date of the application or otherwise) as the Court thinks fit. Effect of transfer to tenant of burdens previously borne by landlord. 14.—(1) Any transfer to a tenant of any burden or liability previously borne by the landlord shall, for the purposes of this Act, be treated as an alteration of rent, and where, as the result of such a transfer, the terms on which any controlled dwelling is held are on the whole less favourable to the tenant than the previous terms, the rent shall be deemed to be increased, whether or not the sum periodically payable by way of rent is increased, and any increase of rent in respect of any transfer to a landlord of any burden or liability previously borne by the tenant where, as the result of the transfer, the terms on which any controlled dwelling is held are, on the whole, not less favourable to the tenant than the previous terms, shall be deemed not to be an increase of rent for the purposes of this Act. (2) For the purpose of this section, the rent shall not be deemed to be increased where the liability for rates is transferred from the landlord to the tenant if a corresponding reduction is made in the rent. Reduction of rent owing to default of landlord in keeping controlled dwelling in repair. 15.—(1) The tenant or the sanitary authority may at any time apply to the Court on notice to the landlord for an order reducing the rent of any controlled dwelling to which Chapter 1 of Part II of the Act of 1946 applied on the ground that the dwelling is not in all respects in good and tenantable repair. (2) Where any application is made under this section, the Court, on being satisfied that the dwelling is not in all respects in good and tenantable repair and on being further satisfied that the condition of the dwelling is wholly or mainly due to the failure of the landlord to carry out such repairs as he is by virtue of any covenant, agreement, or otherwise by operation of law (including this Act) bound to carry out, may order that the rent to be paid for the dwelling be reduced by such amount, not exceeding twenty per cent. of the lawful rent, as the Court thinks proper. (3) For the purposes of this section, a certificate of the sanitary authority that the controlled dwelling to which the application relates is not in all respects in good and tenantable repair shall be prima facie evidence of the facts so certified. (4) Where an order is made under subsection (2) of this section, the following provisions shall have effect: (a) the order shall remain in force unless and until the Court, on the application of the landlord, being satisfied that all repairs, the neglect to carry out which was the ground for the making of the order, have been carried out, makes an order terminating the reduction; (b) if, on any such application by the landlord, the Court refuses to make an order terminating the reduction and is satisfied that such repairs have wholly or mainly been rendered necessary by the persistent neglect or default of the landlord, the Court may, notwithstanding anything contained in this Act, order that the said reduced rent, or such other amount, not being less than eighty per cent. of the lawful rent, as the Court shall determine, shall be and continue to be the rent to be paid for the dwelling for such time as the Court thinks proper. (5) On any application to a sanitary authority for a certificate for the purposes of this section, a fee of five shillings shall be payable, but, where that fee has been paid by the tenant, the Court may order that he shall be entitled to deduct it from any subsequent payment of rent. (6) In this section the expression “sanitary authority” means the sanitary authority under the Local Government (Sanitary Services) Acts, 1878 to 1952. Sums declared to be irrecoverable. 16.—If— (a) the rent of a controlled dwelling (being a dwelling to which section 7 of this Act applies) in respect of any period beginning on or after the operative date exceeds the rent to be paid (in accordance with this Act) for that dwelling in respect of that period, or (b) the rent of a controlled dwelling (being a dwelling to which section 9 of this Act applies) in respect of any period beginning on or after the date of the institution of the proceedings in which the basic rent is determined by the Court exceeds the rent to be paid (in accordance with this Act) for that dwelling in respect of that period, the amount of the excess shall, notwithstanding any agreement to the contrary, be irrecoverable from the tenant of the dwelling. Recovery of overpayments. 17.—(1) Where any sum— (a) has been paid on account of any rent which has accrued due after the operative date, and (b) is a sum declared by section 16 of this Act to be irrecoverable from the tenant, such sum shall, subject to section 18 of this Act, be recoverable from the landlord who received the payment or his legal personal representative by the tenant by whom it was paid or his legal personal representative. (2) If any person in any rent book or similar document makes an entry showing or purporting to show any tenant as being in arrear in respect of any sum declared by this Act to be irrecoverable, that person shall be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding ten pounds unless he proves that he acted innocently and without intent to deceive and that the entry was made in respect of a period during which proceedings in respect of the controlled dwelling were pending. Limitation on recovery of overpayments. 18.—(1) No person shall be entitled to recover in any manner any sum paid on account of rent which is by section 16 of this Act declared to be irrecoverable from the tenant save within two years next after the payment of that sum. (2) Without prejudice to any proceedings instituted before the passing of this Act, no person shall be entitled to recover in any manner any sum paid on account of rent which is by section 23 of the Act of 1946 declared to be irrecoverable from the tenant. PART III. Special Provisions for Relief of Tenants of Small Controlled Dwellings. Interpretation of Part III. 19.—(1) In this Part— “appointed area” means any area being— (a) the area consisting of— (i) the county borough of Dublin, (ii) the borough of Dún Laoghaire, and (iii) the parts of the Dublin Metropolitan District outside the area consisting of the county borough of Dublin and the borough of Dún Laoghaire, (b) the county borough of Cork, (c) the county borough of Limerick, (d) the county borough of Waterford, or (e) any area prescribed by regulations for the time being in force as an appointed area for the purposes of this Part; “court area” means— (a) in a case in which the relevant dwelling is situate in the Dublin Metropolitan District—that District, and (b) in any other case—the district court area in which the relevant dwelling is situate; “existing rent” means the rent payable by a tenant for a small controlled dwelling immediately prior to his making an application for a provisional order in respect of the dwelling; “provisional order” means an order under section 21 of this Act; “small controlled dwelling” means a controlled dwelling situate in an appointed area, being a dwelling to which Chapter 1 of Part II of the Act of 1946 applied and being— (a) in case that area is prescribed by regulations, a dwelling the rateable valuation whereof does not exceed such amount (not being more than ten pounds) as may be prescribed, or (b) in any other case, a dwelling the rateable valuation whereof does not exceed ten pounds. (2) Any reference in this Part to the District Court Clerk shall, where there are two or more District Court Clerks for the court area concerned, be construed as a reference to any of those Clerks. (3) Where it is provided in this Part that a District Justice is to cause a document to be served, it may be served in the same manner as a summons under the rules of the District Court for the time being in force. Applications for provisional orders. 20.—(1) The tenant of a dwelling which he claims to be a small controlled dwelling may apply to the District Justice assigned to the district in which the dwelling is situate for a provisional order fixing the lawful rent of the dwelling. (2) Every application under this section shall be made by the tenant attending, in person or by agent, the District Court Clerk of the court area in which the dwelling concerned is situate and furnishing particulars in support of his claim to the said District Court Clerk who shall record such particulars and refer the application as soon as may be to the appropriate District Justice. (3) Any person who, in support of an application under this section, furnishes or causes to be furnished to the District Court Clerk particulars which are false or misleading in any material respect, shall, unless he proves that he acted innocently and without intent to deceive, be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding ten pounds. (4) Where a person, not being a solicitor, acts as agent for any person on an application under this section directly or indirectly for or in expectation of reward or is remunerated directly or indirectly out of the funds of any body corporate or unincorporated body of persons of which the tenant is or was a member or to the funds of which he has been a subscriber, he shall be guilty of an offence and shall, without prejudice to his liability to be convicted of any other offence of which he may be guilty, be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment. Making of provisional orders. 21.—(1) Where an application under section 20 of this Act is referred to a District Justice— (a) the District Justice shall deal with the application privately unless a hearing in open court becomes appropriate in accordance with paragraph (e) of this subsection; (b) the District Justice, unless it appears to him that the application should be refused, shall cause a notice to be served upon the landlord informing him that the application has been made, stating particulars of the application and requiring him to furnish within fourteen days after the service of the notice, to the District Court Clerk of the court area in which the dwelling concerned is situate, such information in the landlord's possession as might assist the Justice in making a provisional order determining the lawful rent of the dwelling; (c) as soon as may be after the said information has been furnished or the expiration of the said fourteen days (whichever first occurs) and, if a reference under section 28 is made, after receipt of the report made on the reference, the District Justice shall, subject to paragraphs (d) and (e) of this subsection, proceed as follows: (i) in case it appears to him— (I) that the dwelling is a small controlled dwelling to which section 7 of this Act applies and the basic rent does not exceed, by an amount exceeding one-eighth of the basic rent, the rent which, if the dwelling were a dwelling to which section 9 of this Act applies, would, if “(being dwellings to which Chapter 1 of Part II of the Act of 1946 applied)” were contained in subsection (2) of the said section 9 after “controlled dwellings”, be determined by the Court as the basic rent thereof, or (II) that the dwelling is a small controlled dwelling to which section 9 of this Act applies, the basic rent whereof has already been determined by the Court, and that the amount of that basic rent is ascertainable, he may by order determine provisionally— (A) the lawful additions to the basic rent of the dwelling, and (B) the lawful rent of the dwelling; (ii) in case it appears to him that the dwelling is a small controlled dwelling to which subparagraph (i) of this paragraph does not apply, he may by order determine provisionally— (I) the basic rent of the dwelling under section 9 of this Act, (II) the lawful additions to the basic rent of the dwelling, and (III) the lawful rent of the dwelling; (d) in case it appears to the District Justice that the lawful rent of the dwelling, if determined by a provisional order, would equal or exceed the existing rent, he shall dismiss the application and cause the tenant and the landlord to be informed of the dismissal and of the fact that the dismissal does not prejudice the right of either of them to apply to the Court under this Act, other than this Part, to have the rent determined; (e) in case— (i) the District Justice is not satisfied that he has jurisdiction to make a provisional order, or (ii) the landlord has claimed an addition in respect of moneys alleged to have been expended on improvements, structural alterations or repairs and the District Justice is not satisfied that the landlord's claim should be allowed without formal evidence and without giving the tenant an opportunity to contest the claim, the District Justice shall hear the application in open court and, for that purpose, shall cause the application to be listed for hearing, shall fix a date for the hearing and shall cause the landlord and tenant (who shall be entitled to appear and be represented at the hearing) to be notified accordingly; (f) if the dwelling is not separately valued under the Valuation Acts and an apportionment in relation thereto has not already been made under section 41 of this Act, then, for the purposes of this Act, the District Justice may by order provisionally apportion to the premises such part as he thinks proper of the rateable valuation of the property in which the dwelling is comprised; (g) if it appears to the District Justice that the rent of the dwelling includes payments for any of the matters referred to in paragraph (d) of subsection (2) of section 3 of this Act, he may by the provisional order (if made) apportion the rent for the purposes of this Act and, accordingly, references to “the Court” in that paragraph shall be construed as including references to the District Justice dealing with the application. (2) An appeal shall not lie to the Circuit Court from the determination of a District Justice on an application under section 20 of this Act. Provisions as to provisional orders.· 22.—(1) Where a District Justice makes a provisional order in relation to any dwelling, he shall as soon as may be cause a copy thereof to be served on the landlord and on the tenant. (2) Subject to paragraph (a) of subsection (1) of section 23 and notwithstanding section 13 of this Act, the lawful rent fixed by a provisional order shall, as on and from the gale day next following the making of the order and for so long as the provisional order remains in force, be the rent to be paid for the dwelling to which the order applies. (3) No proceedings shall be taken under Part II of this Act for the determination of the basic rent of any dwelling while a provisional order in respect thereof is in force or an application in respect thereof is pending under this Part. Application by landlord or tenant in relation to provisional order. 23.—(1) The landlord or the tenant of any dwelling in respect of which a provisional order has been made may, within one month after the service of a copy of the provisional order upon him, apply to the District Court to revoke or modify the terms of the provisional order, and thereupon the following provisions shall have effect: (a) if on the hearing of the application it appears to the Court that the dwelling is not a small controlled dwelling, the Court shall, subject to paragraph (a) of subsection (2) of this section, revoke the provisional order with effect retrospectively from the date of the making thereof; (b) in any other case, the Court may, as it thinks proper— (i) by order confirm the terms of the provisional order with or without modification, or (ii) revoke the provisional order and make such new order in relation to the dwelling as the circumstances may require; (c) if an order is made under paragraph (b) of this subsection, then, as and from the making thereof and notwithstanding anything in any other provision of this Act— (i) the said order shall have effect as the final determination of the District Court in respect of the matters to which the said order relates, (ii) the provisional order shall cease to be in force, and (iii) for the purpose of the application of section 13 of this Act, the tenant shall be deemed to have entered into an agreement with the landlord to pay in respect of the dwelling a rent equal to the lawful rent of the dwelling as determined by the said order made under paragraph (b) of this subsection; (d) on the hearing of the application the Court may make an order for the payment, in such manner as the Court may direct, of any amount due by either party to the other in relation to the dwelling, whether on account of rent or under any provision of this Act. (2) Where, on the application under this section of a landlord, a provisional order is revoked or modified under subsection (1) of this section on the ground of information (in the form of evidence adduced by or on his behalf) which he refused or neglected to supply pursuant to a notice served on him under paragraph (b) of subsection (1) of section 21 of this Act— (a) the Court shall not give retrospective effect to the revocation or modification, as the case may be, of the order, and (b) unless the Court for good cause orders otherwise, costs shall be awarded against the landlord and, if a valuer, who pursuant to section 28 of this Act made a report relating to the relevant dwelling, attended at the hearing of the application, the landlord shall be ordered to pay in respect of his attendance such fee as the Court may fix. (3) The costs of the parties in an application under this section shall, subject to paragraph (b) of subsection (2) of this section, be in the discretion of the Court, but no costs shall be awarded against the tenant in any case in which it is proved that the existing rent was higher than the lawful rent. (4) If, on an appeal by the landlord to the Circuit Court against an order made by the District Court under this section, the Circuit Court certifies that having regard to all the circumstances of the case it is proper that the whole or a specified part of the amount for which the tenant is liable in respect of the costs of the appeal (including the tenant's own costs and the costs (if any) which, under the order of the Court, the tenant is liable to pay to the landlord) shall be defrayed out of State funds, the Minister shall defray out of moneys provided by the Oireachtas the amount of the costs in respect of which it has been so certified. Provisions applicable in default of application by landlord or tenant. 24.—(1) Where a provisional order has been made and— (a) the landlord has not, within one month after the date of service on him of a copy of the order, applied under subsection (1) of section 23 of this Act, and (b) the tenant has not, within one month after the date of service on him of a copy of the order, applied under that subsection, the following provisions shall have effect notwithstanding anything in any other provision of this Act: (i) the terms of the provisional order shall be deemed to have been confirmed by the District Court by order under subsection (1) of section 23 of this Act and the provisions of paragraph (c) of that subsection shall apply accordingly; (ii) an appeal shall not lie to the Circuit Court from a confirming order which is deemed to have been so made. (2) As soon as may be after the provisions of subsection (1) of this section have taken effect in relation to any dwelling, the District Justice having jurisdiction for the purposes of this Ac …