Rent Restrictions (Amendment) Act, 1954

In short

This law amends the Rent Restrictions Act of 1946, primarily to clarify how rent is divided and handled in specific legal situations, especially concerning arrears and past court decisions.

What it regulates

The apportionment of rent by a District Justice in certain applications.
The procedure for specific applications under section 28 of the 1946 Act that were previously quashed.
The recovery of rent arrears in cases where a provisional order was quashed.
The power of the court to stay execution of judgments for arrears of rent.

Who it concerns

Tenants of premises subject to the Rent Restrictions Act, 1946.
District Justices and courts dealing with rent restriction applications.

Key points

A District Justice can provisionally apportion rent if it includes payments for certain matters, for the purposes of the 1946 Act.
This power of apportionment by a District Justice is considered to have been in effect since the start of Part III of the 1946 Act, but does not validate orders quashed before this Act passed.
If a previous provisional order was quashed by a court, the District Justice must proceed with the original application.
If arrears of rent are due because a provisional order was quashed, the court can stay the execution of a judgment for payment or possession, setting conditions like payment by instalments.

Legal text

Rent Restrictions (Amendment) Act, 1954 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.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1954 Rent Restrictions (Amendment) Act, 1954 Rent Restrictions (Amendment) Act, 1954 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 2 of 1954. RENT RESTRICTIONS (AMENDMENT) ACT, 1954. ARRANGEMENT OF SECTIONS Section 1. The Act of 1946. 2. Apportionment of rent by District Justice. 3. Procedure on certain applications under section 28 of Act of 1946. 4. Recovery of arrears of rent in certain cases. 5. Short title, collective citation and construction. Acts Referred to Rent Restrictions Act, 1946 No. 4 of 1946 Number 2 of 1954. RENT RESTRICTIONS (AMENDMENT) ACT, 1954. AN ACT TO PROVIDE FOR THE APPORTIONMENT OF RENT UNDER PART III OF THE RENT RESTRICTIONS ACT, 1946 , AND FOR OTHER PURPOSES CONNECTED THEREWITH. [25th February, 1954.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— The Act of 1946. 1.—In this Act “the Act of 1946” means the Rent Restrictions Act, 1946 (No. 4 of 1946). Apportionment of rent by District Justice. 2.—

(1)If, in the case of an application referred to a District Justice under section 28 of the Act of 1946, it appears to the Justice that the rent of the dwelling includes payments for any of the matters referred to in paragraph (f) of subsection

(2)of section 3 of that Act, the Justice may by the provisional order provisionally apportion the rent for the purposes of that Act.

(2)Accordingly, references to “the Court” in paragraph (f) of subsection

(2)of section 3 of the Act of 1946 shall include references to the District Justice dealing with an application under section 28 of that Act.

(3)Subsections

(1)and

(2)of this section shall be deemed to have come into operation on, and shall have effect as on and from, the commencement of Part III of the Act of 1946.

(4)This section shall not operate to validate any provisional order which has been quashed by order of certiorari made absolute before the passing of this Act. Procedure on certain applications under section 28 of Act of 1946. 3.—Where, before the passing of this Act— (

a)the tenant of any premises made an application under section 28 of the Act of 1946, and (
b)on such application, the District Justice purported to make a provisional order in relation to the premises, and (
c)that order was quashed by absolute order of certiorari, the appropriate District Justice shall proceed with the application. Recovery of arrears of rent in certain cases. 4.—

(1)Where a provisional order relating to any premises was quashed by order of certiorari made absolute before the passing of this Act and any arrears of rent are due in respect of the premises which would not be due if such provisional order were valid, the provisions of this section shall have effect.

(2)Where judgment is given by the court for payment of any sum of money in respect of such arrears or for possession because of such arrears and the court is satisfied that it is reasonable to do so, the court may stay the execution of the judgment for such time and upon such conditions as the court thinks proper.

(3)Such conditions may include a condition that the said sum and costs shall be paid by the debtor by such instalments and at such times as the court may appoint and, from time to time, the court may vary the said conditions, whether or not circumstances have arisen whereby the stay of execution upon the judgment may have ceased, and impose a further stay upon the execution thereof.

(4)No order or warrant of execution shall issue on breach of any condition upon which execution of judgment has been stayed under this section except by order of the court made on notice to the tenant after such breach.

(5)In this section “judgment” includes order and decree. Short title, collective citation and construction. 5.—

(1)This Act may be cited as the Rent Restrictions (Amendment) Act, 1954.

(2)The Rent Restrictions Acts, 1946 to 1953, and this Act may be cited together as the Rent Restrictions Acts, 1946 to 1954.

(3)The Rent Restrictions Acts, 1946 to 1953, and this Act shall be construed together as one Act. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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