In short
This law modifies how certain lawful additions to rent are calculated under the Rent Restrictions Act, 1946, and allows for the recovery of any excess payments made due to these modifications.
What it regulates
- The calculation of lawful additions to basic rent under specific sections of the Rent Restrictions Act, 1946.
- The method for determining these lawful additions based on a new scale.
- The recovery of rent amounts paid in excess of the newly modified lawful additions.
- The interpretation of this Act in conjunction with the Rent Restrictions Act, 1946.
Who it concerns
- Landlords who receive rent that includes lawful additions.
- Tenants who pay rent that includes lawful additions.
Key points
- Lawful additions to basic rent, as specified in sections 11 (2) (g) and 17 (2) (e) of the Rent Restrictions Act, 1946, are now calculated according to a new scale.
- The new scale applies to expenditure incurred in any period of two years.
- If the amount in excess of two-thirds of basic rent expended is not more than £100, the lawful addition is 15% per annum of the excess.
- If the amount is more than £100 but not more than £200, the lawful addition is 15% per annum on the first £100 of excess, and 8% per annum on the remainder.
- If the amount is more than £200, the lawful addition is 15% per annum on the first £100 of excess, 8% per annum on the second £100, and 6% per annum on the remainder.
- Any excess rent paid after this Act came into force, due to the old calculation method, can be recovered by the tenant from the landlord or their legal personal representative.
📄 Legal text
Rent Restrictions (Amendment) Act, 1949
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1949
Rent Restrictions (Amendment) Act, 1949
Rent Restrictions (Amendment) Act, 1949
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Number 24 of 1949.
RENT RESTRICTIONS (AMENDMENT) ACT, 1949.
ARRANGEMENT OF SECTIONS
Section
1.
The Act of 1946.
2.
Modification of lawful additions under sections 11 (2) (g) and 17 (2) (e) of Act of 1946.
3.
Recovery of excess payments.
4.
Short title, collective citation and construction.
SCHEDULE
Act Referred to
Rent Restrictions Act, 1946
No. 4 of 1946
Number 24 of 1949.
RENT RESTRICTIONS (AMENDMENT) ACT, 1949.
AN ACT TO MODIFY THE SUMS ALLOWABLE AS LAWFUL ADDITIONS UNDER PARAGRAPH (g) OF SUBSECTION (2) OF
SECTION 11
, AND PARAGRAPH (e) OF SUBSECTION (2) OF
SECTION 17
, OF THE
RENT RESTRICTIONS ACT, 1946
, AND TO PROVIDE FOR CERTAIN MATTERS CONNECTED THEREWITH. [30th July, 1949.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
The Act of 1946.
1.—In this Act, the expression “the Act of 1946” means the
Rent Restrictions Act, 1946
(No. 4 of 1946).
Modification of lawful additions under sections 11 (2) (g) and 17 (2) (e) of Act of 1946.
2.—(1) As on and from the passing of this Act, the sum which is a lawful addition to the basic rent in a case mentioned in paragraph (g) of subsection (2) of section 11, or paragraph (e) of subsection (2) of section 17, of the Act of 1946 shall be calculated in accordance with the scale set out in the
Schedule
to this Act and the said paragraphs shall be construed and have effect accordingly.
(2) Subsection (1) of this section applies to expenditure incurred in any of the periods of two years mentioned in the relevant paragraph.
Recovery of excess payments.
3.—Where—
(a) any amount has been paid on account of rent which has accrued due after the date of the passing of this Act, and
(b) such amount includes a sum in respect of a lawful addition under paragraph (g) of subsection (2) of section 11, or paragraph (e) of subsection (2) of section 17, of the Act of 1946, and
(c) such sum is in excess of the lawful addition under the relevant paragraph as modified by
section 2
of this Act,
then, notwithstanding that no notice reducing the rent has been served on the landlord, the excess shall be recoverable from the landlord who received it or his legal personal representative by the tenant by whom it was paid or his legal personal representative in the same manner as a sum mentioned in section 24 of the Act of 1946.
Short title, collective citation and construction.
4.—(1) This Act may be cited as the Rent Restrictions (Amendment) Act, 1949.
(2) The Act of 1946 and this Act may be cited together as the Rent Restrictions Acts, 1946 and 1949.
(3) The Act of 1946 and this Act shall be construed together as one Act.
SCHEDULE.
Section 2
.
Amount in excess of two-thirds of basic rent expended in any period of two years
Lawful addition
Not more than £100
A sum equal to 15% per annum of excess.
More than £100 but not more than £200.
A sum equal to—
15% per annum on the first £100 of excess, and
8% per annum on the remainder.
More than £200
A sum equal to—
15% per annum on the first £100 of excess, and
8% per annum on the second £100, and
6% per annum on the remainder.
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