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4 1946

RENT RESTRICTIONS ACT, 1946

PART III.

Special Provisions for the Relief of Tenants of Small Premises.

Commencement of Part III.

26. —This Part shall come into operation on such day as the Minister by order appoints for the purpose.

Interpretation of Part III.

27. —In this Part—

the expression “appointed area” means any area being—

(a) a county borough,

(b) the borough of Dún Laoghaire, or

(c) any area prescribed by regulations for the time being in force as an appointed area for the purposes of this Part;

the expression “existing rent” means the rent payable by a tenant for small premises immediately prior to his making an application for a provisional order in respect of the premises;

the expression “provisional order” means an order under section 29 of this Act;

the expression “small premises” means premises being—

(a) controlled (1923 Act) premises situate in an appointed area which is a county borough or the borough of Dún Laoghaire, the rateable valuation whereof does not exceed ten pounds, or

(b) controlled (1923 Act) premises situate in any other appointed area, the rateable valuation whereof does not exceed such amount (not being more than ten pounds) as may be prescribed.

Applications for provisional orders.

28. —(1) The tenant of premises which he claims to be small premises may apply to a District Justice assigned to the district in which the premises are situate for a provisional order fixing the lawful rent of the premises.

(2) Every application under this section shall be made by the tenant attending, in person or by agent, the District Court Clerk of the district court area in which the premises concerned are 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 under this section 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 under this subsection 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.

29. —(1) Every application referred to a District Justice under section 28 of this Act shall be dealt with by him as follows:—

(a) he shall deal with the application privately,

(b) in case it appears to him—

(i) that the premises are small premises to which section 8 of this Act applies, or

(ii) that the premises are small premises 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, subject to paragraph (d) of this subsection, by order determine provisionally—

(I) the lawful additions to the basic rent of the premises, and

(II) the lawful rent of the premises;

(c) in case it appears to him that the premises are small premises to which paragraph (b) of this subsection does not apply, he may subject to paragraph (d) of this subsection by order determine provisionally—

(i) the basic rent of the premises under section 9 of this Act,

(ii) the lawful additions to the basic rent of the premises, and

(iii) the lawful rent of the premises;

(d) in case it appears to him that the lawful rent of the premises, if determined by a provisional order, would equal or exceed the existing rent, he shall dismiss the application and cause the tenant to be informed accordingly;

(e) if the premises are not separately valued under the Valuation Acts, then, for the purposes of this Act, he may by the provisional order provisionally apportion to the premises such part as he thinks proper of the rateable valuation of the property in which the premises are comprised.

(2) An appeal shall not lie to the Circuit Court from the determination of a District Justice on an application under section 28 of this Act.

Provisions as to provisional orders.

30. —(1) Where a District Justice makes a provisional order in relation to any premises, he shall as soon as may be cause a copy thereof to be served on the landlord and on the tenant, which copy may be served in the same manner as a summons under the rules of the District Court for the time being.

(2) Subject to paragraph (a) of subsection (1) of section 31 and notwithstanding section 20 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 premises 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 premises while a provisional order in respect thereof is in force or an application in respect thereof is pending under this Part.

Application by landlord in relation to provisional order.

31. —(1) The landlord of any premises in respect of which a provisional order has been made may, within three months 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 premises are not small premises, the Court shall 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 premises as the circumstances may require;

(c) if an order is made under paragraph (b) of this subsection, then, as on 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 20 of this Act the tenant shall be deemed to have entered into an agreement with the landlord to pay in respect of the premises a rent equal to the lawful rent of the premises 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 premises, whether on account of rent or under any provision of this Act.

(2) The costs of the parties in an application under this section shall 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.

(3) 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.

32. —(1) If the landlord of any premises does not, within three months after the date of service on him of a provisional order in respect of the premises, apply to the District Court for an order under section 31 of this Act, the following provisions shall have effect, notwithstanding anything in any other provision of this Act:

(a) the terms of the provisional order shall be deemed to have been confirmed by the District Court by order under subsection (1) of section 31 of this Act and the provisions of paragraph (c) of the said subsection shall apply accordingly;

(b) 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 premises, the District Justice having jurisdiction for the purposes of this Act in the district in which the premises are situate shall cause to be served (in a manner authorised for the service of a copy of a provisional order under section 30 of this Act) on the landlord and on the tenant a notice, in the prescribed form, informing such persons thereof accordingly, but failure to comply with the provisions of this subsection shall not be construed as affecting the operation of the said subsection (1).

Exemption from court fees.

33. —No court fees shall be payable by the tenant in any proceedings (including any appeal or case stated) under this Part.

Orders obtained by false statements.

34. —If the Court is satisfied that a provisional order has been obtained by means of any statement or representation on the part of the tenant which was, to the knowledge of the tenant, untrue or misleading, the Court may revoke such order, and make such new and further orders as justice may require including an order requiring the tenant to pay any costs incurred by the landlord in the matter.

District court valuers.

35. —(1) The Minister may, with the sanction of the Minister for Finance, appoint such and so many persons as he thinks fit to be district court valuers for the purposes of this Part.

(2) Every district court valuer shall hold office at the will of the Minister and may be removed from office by the Minister.

(3) The remuneration and conditions of employment generally of district court valuers shall be determined by the Minister for Finance.

(4) Every district court valuer shall be assigned to such district as the Minister shall from time to time direct.

(5) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to the situation of district court valuer.

Reference by District Justices of questions affecting rateable valuation or rent of small premises to valuers.

36. —(1) The District Justice assigned to a district to which a district court valuer is assigned may refer to such district court valuer for investigation and report to him any question affecting the rateable valuation or rent of small premises the subject of any proceedings before him under this Part or involving the rent being paid or payable for other small premises.

(2) The District Justice assigned to a district to which a district court valuer is not assigned may refer to such person (in this section referred to as a special valuer) as he thinks fit for investigation and report to him any question affecting the rateable valuation or rent of any small premises the subject of proceedings before him under this Part of this Act or involving the rent being paid or payable for other small premises.

(3) Special valuers shall be remunerated by the Minister at such rates as may be prescribed by the Minister for Finance.

(4) A district court valuer or a special valuer to whom a District Justice has referred any question under subsection (1) or subsection (2) of this section may, if authorised in writing by the District Justice so to do, and on production, if demanded, of such authorisation, at all reasonable hours enter and inspect any premises specified in that behalf in such authorisation.

(5) If any person refuses to permit a district court valuer or a special valuer to enter or inspect any premises in exercise of his powers under subsection (4) of this section, or obstructs or interferes with him in the exercise of those powers, he shall be guilty of an offence under this subsection and shall, on summary conviction thereof, be liable to imprisonment for a term not exceeding one month or a fine not exceeding ten pounds or both such imprisonment and such fine.