First Previous (PART III. Special Provisions for the Relief of Tenants of Small Premises.) Next (PART V. Miscellaneous.)

4 1946

RENT RESTRICTIONS ACT, 1946

PART IV.

Restrictions on Recovery of Possession of Controlled Premises.

Restrictions on landlord's right to possession of controlled premises.

37. —(1) Subject to subsections (2) and (3) of this section, an order for the recovery of possession of controlled premises shall not be made unless the Court considers it reasonable to make the order and—

(a) any rent lawfully due from the tenant has not been paid, or any other obligation of the tenancy, whether under the contract of tenancy (so far as it is consistent with this Act) or under this Act, has been broken or not performed, or

(b) any person (being the tenant, any individual residing with the tenant, or any of the tenant's lodgers or subtenants) has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the premises or allowing the premises to be used for an immoral or illegal purpose, or

(c) the condition of the premises has, in the opinion of the Court, deteriorated owing to acts of waste by or the neglect or default of any such person, or

(d) the tenant has given notice to quit, and in consequence of that notice the landlord has contracted to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of the Court, be seriously prejudiced if he could not obtain possession, or

(e) in the case of a dwelling—

(i) the dwelling is reasonably required by the landlord for occupation as a residence for himself or for any person bona fide residing or to reside with him, and either—

(I) in the opinion of the Court greater hardship would, owing to the special circumstances of the case, be caused by refusing the order for possession than by granting it, or

(II) the Court is satisfied that alternative accommodation, reasonably equivalent as regards rent and suitability in all respects, is available, or

(ii) the dwelling is reasonably required by the landlord for occupation as a residence for some person in his whole time employment or in the whole time employment of some tenant from him, and the Court is satisfied that alternative accommodation, reasonably equivalent as regards rent and suitability in all respects, is available, or

(f) in the case of business premises—

(i) the premises are reasonably required by the landlord for the purpose of any business, trade or profession, or for the public service, and the Court is satisfied that alternative accommodation, reasonably equivalent as regards rent and suitability in all respects, is available, or

(ii) possession of the premises is bona fide required for the purpose of a scheme of reconstruction or improvement which appears to the Court to be desirable in the public interest, or

(g) the premises are reasonably required for the purpose of the execution of the duties, powers or requirements of a Minister of State or the Land Commission or the Commissioners of Public Works in Ireland or a local authority or statutory undertaker.

(2) Nothing in subsection (1) of this section shall affect the right of the landlord to obtain an order against a tenant for the recovery of possession of any controlled premises where—

(a) the tenant has sublet the premises, otherwise than for temporary convenience, to a subtenant, and

(b) the subtenant or any person deriving title under him will be entitled to retain possession of the premises under this Act, notwithstanding the order against the tenant.

(3) Nothing in subsection (1) of this section shall affect the operation of section 26 or section 34 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931).

Saving for rights of subtenants.

38. —An order against a tenant for the recovery of possession of controlled premises shall not affect the right of any subtenant, to whom the premises or any part thereof have been lawfully sublet before proceedings for recovery of possession were commenced, to retain possession under this Act.

Statutory tenancy.

39. —(1) If an order for the recovery of possession of controlled premises is refused by the Court on the ground that the tenant is entitled to retain possession of the premises by virtue of this Act, the Court shall make an order declaring that any tenancy of the tenant otherwise than by virtue of this Act has terminated, and when making any such order as aforesaid may make an order as to the payment by the tenant of any arrears of rent or any mesne rates.

(2) Where the interest of the tenant of controlled premises terminates, either as the result of an order for possession, or for any other reason, a subtenant to whom the premises or any part thereof have been lawfully sublet shall, subject to this Act, be entitled to retain possession of the premises and to hold from the landlord on the same terms as he would have held from the tenant if the tenancy of the tenant had not been terminated.

(3) On the death of the statutory tenant of controlled premises the following provisions shall have effect:

(a) in case the statutory tenant leaves him surviving his wife, who was residing with him at the time of his death, she shall be entitled to retain possession of the premises under the same terms and conditions as the deceased statutory tenant;

(b) in case the statutory tenant does not leave a wife so residing, such member of the statutory tenant's family so residing or, where there is more than one such member, such one of them as may be agreed upon between them or as may be selected by the Court in default of agreement shall be entitled to retain possession as aforesaid;

(c) in case the statutory tenant was a woman paragraphs (a) and (b) of this subsection shall have effect with respect to her husband and family as they have effect with respect to the wife and family of a statutory tenant being a man;

(d) in any case to which none of the foregoing paragraphs applies, the interest of the statutory tenant shall determine at his death.

Conditions of statutory tenancy.

40. —(1) A statutory tenant shall, so long as he retains possession of controlled premises by virtue of this Act, observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with this Act, and shall be entitled to give up possession of the premises only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required, on giving not less than three months' notice.

(2) Notwithstanding anything in subsection (1) of this section, a landlord of controlled premises shall not, for the purpose of exercising any right under this Act or any right exercisable on or after the expiration of this Act, be required to give any notice to quit to a statutory tenant of the premises.

(3) (a) A statutory tenant shall not, as a condition of the assignment or giving up possession of controlled premises ask or receive the payment of any sum, or any other consideration by any person other than the landlord.

(b) Any person who acts in contravention of paragraph (a) of this subsection shall be guilty of an offence under this subsection and shall, on summary conviction thereof, be liable to a fine not exceeding one hundred pounds.

(c) Where a person is convicted of an offence under this subsection, the Court by which he was convicted may order that any such payment or consideration be repaid to the person by whom it was made or given.

(d) Paragraph (a) of this subsection shall not apply to premises lawfully used wholly or in part for the purposes of any business, trade or profession.

(4) It shall be deemed to be a condition of a statutory tenancy in any controlled premises—

(a) that the tenant shall afford to the landlord access thereto for the purpose of viewing the condition and state of repair of the premises and shall afford all reasonable facilities for executing therein any repairs which the landlord is entitled to execute;

(b) that the tenant will not assign the premises or any part thereof without the consent in writing of the landlord, which consent may be withheld only if greater hardship would, owing to the special circumstances of the case, be caused by granting the consent than by withholding it;

(c) that the landlord shall 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.

(5) Where, on or after the operative date, controlled premises are lawfully assigned by the statutory tenant (in this subsection referred to as the assignor), then, in the absence of any express agreement between the landlord and the assignee, the following provisions shall have effect:—

(a) if the premises are, at the date of the assignment, being lawfully used wholly or in part for the purposes of any business, trade or profession, the assignee shall, from the said date, be deemed to hold the premises in accordance with whichever of the following subparagraphs is applicable:—

(i) in case evidence is forthcoming that the premises were, immediately before the creation of the statutory tenancy therein, held by the contractual tenant thereof under a tenancy from year to year or for a term of years or other certain period (not being less than one year), or depending on the fall of a life or any other uncertain event, the assignee shall be deemed to hold the premises from the landlord under a tenancy from year to year, terminable, on or after the expiration of the first year thereof, by either party by two months' notice expiring on a gale day and, subject thereto, on the same terms and conditions as the assignor;

(ii) in case evidence is forthcoming that the premises were so held under a contract of tenancy to which subparagraph (i) of this paragraph does not relate, the assignee shall be deemed to hold the premises from the landlord under a contract of tenancy of like duration as the contract of tenancy under which they were so held, and, subject thereto, on the same terms and conditions as the assignor;

(iii) in any other case, the assignee shall be entitled to retain possession of the premises on the same terms and conditions as the assignor;

(b) if the premises are premises to which paragraph (a) of this subsection does not relate, the assignee shall be entitled to retain possession of the premises on the same terms and conditions as the assignor.

Powers of Court in ejectment proceedings.

41. —Where an order for the recovery of possession of controlled premises is made by the Court, or was so made before the operative date, the Court may, at the time of the order or at any time before the execution thereof, stay execution on the order or postpone the date of possession for such period or periods, and subject to such conditions, as the Court thinks fit, and if such conditions are complied with the Court may, if it thinks fit, discharge or vary the order.

Amendments of section 15 of Summary Jurisdiction (Ireland) Act, 1851.

42. —(1) Notwithstanding anything in section 15 of the Summary Jurisdiction (Ireland) Act, 1851, every warrant for delivery of possession of, or to enter and give possession of, controlled premises shall remain in force for three months from the day next after the last day named in the order for delivery of possession or, in the case of a warrant under the Summary Jurisdiction (Ireland) Act, 1851, from the date of the issue of the warrant, and in either case for such further period or periods if any, as the Court shall from time to time, whether before or after the expiration of such three months, direct.

(2) Section 15 of the Summary Jurisdiction (Ireland) Act 1851, shall apply to every controlled premises occupied by a statutory tenant, the rateable valuation whereof does not exceed ten pounds, notwithstanding that the rent exceeds one pound by the month.

Acceptance of rent by landlord after expiration of notice to quit.

43. —Where the landlord of controlled premises serves a notice to quit on the tenant of the premises, the acceptance of any sum purporting to be rent by the landlord for the period mentioned in whichever of the following paragraphs is applicable shall not prejudice his right (if any) to recover possession of the premises, that is to say,—

(a) if he institutes proceedings for the recovery of possession of the premises within three months of the expiration of the notice to quit, the period beginning on the expiration of the notice to quit and ending on the date on which the proceedings are finally determined,

(b) in any other case, the period of three months beginning on the expiration of the notice to quit,

and if an order for possession of the premises is made, any such sum so accepted shall be treated as mesne profits.

Order for possession obtained by misrepresentation.

44. —Where it appears to the Court that an order for possession of controlled premises was obtained by the landlord by misrepresentation or concealment of material facts, the Court may order the landlord to pay to the former tenant such sum as the Court thinks proper by way of compensation for damage or loss sustained by the tenant as the result of the order for possession.

Non-application of sections 37 and 38 to lettings for temporary convenience, etc.

45. Sections 37 and 38 of this Act shall not apply to premises let to a person during his continuance in any office, appointment or employment, or let bona fide for the temporary convenience or to meet a temporary necessity of the landlord or the tenant.

Saving for rights of local authorities under the Housing of the Working Classes Acts.

46. —Nothing in this Part shall prevent a local authority from obtaining possession of any premises the possession of which is required by them for the purpose of exercising their powers under any enactment for the time being in force or under any scheme made under any such enactment.