Number 19.
INCREASE OF RENT AND MORTGAGE INTEREST (RESTRICTIONS) ACT, 1923.
ARRANGEMENT OF SECTIONS
Section | |
Number 19.
INCREASE OF RENT AND MORTGAGE INTEREST (RESTRICTIONS) ACT, 1923.
Interpretation of the Act.
1. For the purposes of this Act, except where the context otherwise requires:—
(a) The expression “standard rent” means the rent determined in manner hereinafter provided, which in the year ending the third day of August nineteen hundred and fourteen the immediate landlord of an occupying tenant of the dwelling-house might reasonably have expected under any given contract of tenancy not being for more than a term of five years;
(b) The expression “increased rent” means rent exceeding the standard rent;
(c) The expression “standard rate of interest” means in the case of a mortgage in force on the third day of August nineteen hundred and fourteen, the rate of interest payable at that date, or, in the case of a mortgage created since that date, the original rate of interest;
(d) The expression “increased rate of interest” means interest exceeding the standard rate of interest;
(e) The expression “rates” includes water rents and charges, and any increase in rates payable by a landlord shall be deemed to be payable by him until the rate is next demanded;
(f) The expression “rateable value” means the annual rateable value under the Irish Valuation Acts: Provided that, where part of a house let as a separate dwelling is not separately valued under those Acts, the Commissioner of Valuation and Boundary Surveyor may, on the application of the landlord or tenant, make such apportionment of the rateable value of the whole house as seems just, and his decision as to the amount to be apportioned to the part of the house shall be final and conclusive, and that amount shall be taken to be the rateable value of the part of the house for the purposes of this Act but not further or otherwise;
(g) The expressions “landlord,” “tenant,” “mortgagee” and “mortgagor” include any person from time to time deriving title under the original landlord, tenant, mortgagee, or mortgagor;
(h) The expression “landlord” also includes in relation to any dwelling-house any person, other than the tenant, who is or would but for this Act be entitled to possession of the dwelling-house, and the expressions “tenant and tenancy” include sub-tenant and sub-tenancy, and the expression “let” includes sub-let; and the expression “tenant” includes the widow of a tenant dying intestate who was residing with him at the time of his death, or, where a tenant dying intestate leaves no widow or is a woman, such member of the tenant's family so residing as aforesaid as may be decided in default of agreement by the Court;
(i) The expression “mortgage” includes a charge by registered disposition under the Local Registration of Title (Ireland) Act, 1891;
(j) The expressions “statutory undertaking” and “statutory duties or powers” include any undertaking, duties or powers, established, imposed or exercised under any order having the force of an Act of Parliament;
(k) The expression “prescribed” means prescribed by the rules made under this Act;
(l) The expression “Sanitary Authority” has the same meaning as in the Public Health (Ireland) Acts, 1878 to 1919, and includes both Urban Sanitary Authority and Rural Sanitary Authority.
Determination of the standard rent.
2.—(1) The standard rent shall be determined in the following manner:—
(a) If the dwelling-house was on the third day of August nineteen hundred and fourteen let to an occupying tenant under a contract of tenancy not being for more than a term of five years, then the rent at which the dwelling-house was so let, or, where the dwelling-house was not so let on that date, the rent at which it was last, within a period of three years, so let before that date, shall, subject to the deduction specified in the next succeeding sub-section, be the standard rent.
(b) In any case not coming within the provisions of the last preceding paragraph, the standard rent shall be determined by the Court on the application in the prescribed manner of the landlord or the tenant: Provided that, pending any such application to the Court, the rent at which the dwelling-house was let on the third day of August nineteen hundred and fourteen, or, where the dwelling-house was not let on that date, the rent at which it was last let before that date, or, in the case of a dwelling-house which was first let after the said third day of August, the rent at which it was first let shall, subject to the deduction specified in the next succeeding sub-section, be the standard rent.
(2) Where the landlord at the time by reference to which the standard rent is calculated habitually paid or allowed a deduction or set off against or indemnified the tenant against the rates chargeable on, or which but for the provisions of any Act would be chargeable on the occupier, the amount of such rates shall, for the purpose of such calculation, be deducted from any rent by reference to which such calculation is made.
(3) For the purpose of determining the standard rent under sub-section (1) of this section the rent at which a dwelling-house let at a progressive rent payable under any contract of tenancy was let, means the maximum rent payable under such contract of tenancy.
(4) Where, for the purpose of determining the standard rent or rateable value of any dwelling-house to which this Act applies, it is necessary to apportion the rent at the date in relation to which the standard rent is to be fixed, or the rateable value of the property in which that dwelling-house is comprised, the Court may, on application by either party, make such apportionment as seems just.
(5) A landlord of any dwelling-house to which this Act applies shall, on being so requested in writing by the tenant of the dwelling-house, supply him with a statement in writing affording any information in the landlord's possession or procurement requisite to enable the tenant to determine the standard rent of the dwelling-house or have the same determined by the Court, and if, without reasonable excuse, the landlord fails within fourteen days to do so, or supplies a statement which is false in any material particular, and not proved to have been made innocently and without intent to deceive, he shall be liable on summary conviction to a fine not exceeding ten pounds.
Application of the Act.
3.—(1) This Act shall subject to the provisions of this section apply to a house or a part of a house let as a separate dwelling, where either the annual amount of the standard rent or the rateable value does not exceed:—
(a) in the county borough of Dublin and the Urban Districts in the Dublin Metropolitan Police area sixty pounds, and
(b) elsewhere, forty pounds,
and every such house or part of a house shall be deemed to be a dwelling-house to which this Act applies:
Provided that—
(i.) this Act shall not apply to a dwelling-house bona fide let at a rent which includes payments in respect of board, attendance, or use of furniture, unless on an apportionment of such rent under this section the portion of such rent attributable to the dwelling-house alone equals or exceeds three-quarters of the rent, in which case this Act shall apply to the dwelling-house, or at the option of the landlord shall apply as if the dwelling-house had been let at the said portion of the rent so attributable to the dwelling-house alone;
(ii.) the application of this Act to any house or part of a house shall not be excluded by reason only that part of the premises is used as a shop or office or for business, trade, or professional purposes; and
(iii.) for the purposes of this Act, any land or premises let together with a house shall, if the rateable value of the land or premises let separately would be less than one quarter of the rateable value of the house, be treated as part of the house, but, subject to this provision, this Act shall not apply to a house let together with land other than the site of the house.
(2) Any rooms in a dwelling-house subject to a separate letting wholly or partly as a dwelling shall, for the purposes of this Act, be treated as a part of a dwelling-house let as a separate dwelling.
(3) Where a dwelling-house is let, or was let at the date in relation to which the standard rent is to be fixed, at a rent which includes payments in respect of board, attendance, or use of furniture, the Court may, for any of the purposes of this Act, make such apportionment as seems just.
(4) Where this Act has become applicable to any dwelling-house or any mortgage thereon, it shall continue to apply thereto whether or not the dwelling-house continues to be one to which this Act applies.
(5) This Act shall not apply to a dwelling-house erected after, or in course of erection on, the second day of April, nineteen hundred and nineteen, or to any dwelling-house which has been since that date or was at that date being bona fide reconstructed by way of conversion into two or more separate and self-contained flats, or tenements; but the rateable value of any such dwelling-house to which this Act would have applied if it had been erected or so reconstructed before the said date shall be ascertained as though the rent for the purposes of section eleven of the Valuation (Ireland) Act, 1852, were the rent for which a similar dwelling-house might have been reasonably expected to let on the third day of August, nineteen hundred and fourteen, the probable average annual cost of repairs, insurance, and other expenses (if any) necessary to maintain the dwelling-house in its actual state, and all rates, taxes, and public charges, if any (except tithe rent charge), being paid by the tenant.
(6) This Act shall not apply to any dwelling-house provided by a Local Authority under the Labourers (Ireland) Acts, 1883 to 1919, or under the Housing of the Working Classes (Ireland) Acts, 1890 to 1921.
(7) Subject to the provisions of this Act, this Act shall apply to every mortgage where the mortgaged property consists of or comprises one or more dwelling-houses to which this Act applies, or any interest therein, except that it shall not apply:—
(a) To any mortgage comprising one or more dwelling-houses to which this Act applies and other land if the rateable value of such dwelling-houses is less than one tenth of the rateable value of the whole of the land comprised in the mortgage; or
(b) to an equitable charge by deposit of titled deeds or other wise; or
(c) to any mortgage which is created after the passing of this Act.
(8) When a mortgage comprises one or more dwelling-houses to which this Act applies and other land, and the rateable value of such dwelling-houses is more than one-tenth of the rateable value of the whole of the land comprised in the mortgage, the mortgagee may apportion the principal money secured by the mortgage between such dwelling-houses and such other land by giving one calendar month's notice in writing to the mortgagor, such notice to state the particulars of such apportionment, and at the expiration of the said calendar month's notice this Act shall not apply to the mortgage so far as it relates to such other land, and for all purposes, including the mortgagor's right of redemption, the said mortgage shall operate as if it were a separate mortgage for the respective portions of the said principal money secured by the said dwelling-houses and such other land, respectively, to which such portions were apportioned:
Provided that the mortgagor shall, before the expiration of the said calendar month's notice, be entitled to dispute the amounts so apportioned as aforesaid, and in default of agreement the matter shall be determined by the Commissioner of Valuation and Boundary Surveyor.
(9) Any notice of the apportionment of the principal money secured by a mortgage, if and when the notice becomes operative under this Act, and the award of any arbitrator with reference to any such apportionment may be registered under the enactments relative to the registration of deeds or titles as the case requires.
Restrictions on right to possession.
4.—(1) No order or judgment for the recovery of possession of any dwelling-house to which this Act applies, or for the ejectment of a tenant therefrom, shall be made or given unless—
(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 or under this Act) so far as the same is consistent with the provisions of this Act has been broken or not performed; or
(b) the tenant or any person residing with him or any of his lodgers or sub-tenants 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 the conditions of the dwelling-house has, in the opinion of the Court, deteriorated owing to acts of waste by or the neglect or default of the tenant or any such person; or
(c) the tenant has given notice to quit, and in consequence of that notice the landlord has contracted to sell or let the dwelling-house 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
(d) the dwelling-house 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 or for some person in his whole time employment or in the whole time employment of some tenant from him, and 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
(e) the dwelling-house is reasonably required for the purpose of the execution of the duties, powers or requirements of any Government Department, or of the statutory duties, powers or requirements of any local authority or statutory undertaking;
and, in any such case as aforesaid, the Court considers it reasonable to make such an order or give such judgment:
Provided that nothing hereinbefore contained shall be construed to prejudice the right of the landlord to obtain an order or judgment against a tenant for the recovery of possession of any dwelling-house or the ejectment of the tenant therefrom where such tenant has sub-let the dwelling-house, otherwise than for temporary convenience, to a sub-tenant who, or any person deriving title under such sub-tenant, will be entitled to retain possession of the dwelling-house under this section notwithstanding such order or judgment against such tenant.
(2) An order or judgment against a tenant for the recovery of possession of any dwelling-house or ejectment therefrom under this section shall not affect the right of any sub-tenant to whom the premises or any part thereof have been lawfully sub-let before proceedings for recovery of possession or ejectment were commenced, to retain possession under this section, or be in any way operative against any such sub-tenant.
(3) At the time of the application for or the making or giving of any order or judgment for the recovery of possession of any such dwelling-house, or for the ejectment of a tenant therefrom, or in the case of any such order or judgment which has been made or given, whether before or after the passing of this Act, and not executed at any subsequent time, the Court may adjourn the application, or stay or suspend execution on any such order or judgment, or postpone the date of possession, for such period or periods as it thinks fit, and subject to such conditions (if any) in regard to payment by the tenant of arrears of rent, or mesne profits and otherwise as the Court thinks fit, and if such conditions are complied with, the Court may, if it thinks fit, discharge or rescind any such order or judgment.
(4) Where on the hearing of an application for an order or judgment for the recovery of possession of any such dwelling-house it shall appear to the Court that the landlord would be entitled to recover possession of such dwelling-house but for this Act the Court shall, if such order or judgment is refused on the ground that the tenant is entitled to retain possession of such dwelling-house by virtue of the provisions of this Act, make an order declaring that any tenancy of the tenant otherwise than by virtue of the provisions 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 (whether under the contract of tenancy or under this Act) due to the date of the order, and may on the application of either party at the hearing determine any question arising, or that in the opinion of the Court can there and then be conveniently determined, under this Act.
(5) Notwithstanding anything in section fifteen of the Summary Jurisdiction (Ireland) Act, 1851, every warrant for delivery of possession of, or to enter and give possession of, any dwelling-house to which this Act applies, shall remain in force for three months from the day next after the last day named in the judgment or order for delivery of possession or ejectment, 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.
(6) Where the landlord of any dwelling-house to which this Act applies has served a notice to quit on a tenant, the acceptance of rent by the landlord for a period not exceeding three months from the expiration of the notice to quit shall not be deemed to prejudice any right to possession of such premises, and, if any order for possession is made, any payment of rent so accepted shall be treated as mesne profits.
(7) Where a landlord has obtained an order or judgment for possession or ejectment under this section, and it is subsequently made to appear to the Court that the order was obtained by misrepresentation or the concealment of material facts, the Court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by the tenant as a result of the order or judgment.
(8) This section shall not apply to any dwelling-house let to a tenant during his continuance in any office, appointment, or employment, or for the temporary convenience, or to meet a temporary necessity, either of the landlord or tenant.
(9) Nothing in this Act shall prevent a Local Authority from obtaining possession of any house the possession of which is required by them for the purpose of exercising their powers under the Housing Acts or under any scheme made under those Acts.
Restriction on levy of distress for rent.
5. No distress for the rent of any dwelling-house to which this Act applies shall be levied except with the leave of the Court, and the Court shall, with respect to any application for such leave, have the same or similar powers with respect to adjournment, stay, suspension, postponement and otherwise as are conferred by this Act in relation to applications for the recovery of possession.
Conditions of statutory tenancy.
6.—(1) A tenant who by virtue of the provisions of this Act retains possession of any dwelling-house to which this Act applies shall, so long as he retains possession, observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as the same are consistent with the provisions of this Act, and shall be entitled to give up possession of the dwelling-house 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:
Provided that, notwithstanding anything in the contract of tenancy, a landlord 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 tenant retaining possession by virtue of the provisions of this Act.
(2) Any tenant retaining possession as aforesaid shall not as a condition of giving up possession ask or receive the payment of any sum, or the giving of any other consideration, by any person other than the landlord, and any person acting in contravention of this provision shall be liable on summary conviction to a fine not exceeding one hundred pounds, and the Court by which he was convicted may order any such payment or the value of any such consideration to be paid to the person by whom the same was made or given, but any such order shall be in lieu of any other method of recovery prescribed by this Act.
(3) Where the interest of the tenant of a dwelling-house to which this Act applies is determined, either as the result of an order or judgment for possession or ejectment, or for any other reason, any sub-tenant to whom the premises or any part thereof have been lawfully sub-let shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord on the same terms, but as tenant retaining possession by virtue of the provisions of this Act, as he would have held from the tenant if the tenancy had continued.
(4) It shall be deemed to be a condition of the tenancy of a tenant who by virtue of the provisions of this Act retains possession of any dwelling-house to which this Act applies—
(a) that the tenant shall afford to the landlord access thereto for the purpose of viewing the condition and state of repair of the dwelling-house 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 dwelling-house or any part thereof without the consent in writing of the landlord;
(c) that the landlord shall be responsible for any repairs for which the tenant is under no express liability or liability implied under section forty-two of the Landlord and Tenant Law Amendment Act (Ireland), 1860.
Determination of rent to be paid by tenant.
7.—(1) The rent to be paid by the tenant who by virtue of the provisions of this Act retains possession of any dwelling-house to which this Act applies shall be determined as follows:—
(a) The landlord and the tenant may at any time, and from time to time by agreement (in this section referred to as a temporary agreement) determine the rent to be paid by the tenant under this Act in respect of such dwelling-house, and in such case the rent so determined shall, until varied by a new temporary agreement, or by notice under this section, be and continue to be the rent to be paid by the tenant in respect of such dwelling-house: Provided always that the rent determined by a temporary agreement shall in no case exceed the standard rent by more than the amount which at the date of such agreement is permitted by this Act in respect of such dwelling-house;
(b) if at any time the rent payable by the tenant, whether under a temporary agreement or otherwise, does not exceed the standard rent or exceeds the standard rent by less than the amount for the time being permitted by this Act, the landlord may serve upon the tenant a notice increasing such rent to an amount not exceeding the standard rent by more than the amount permitted by this Act, and in such case such increased rent shall, until varied by a subsequent temporary agreement or a subsequent notice under this section, be and continue to be the rent to be paid by the tenant in respect of such dwelling-house;
(c) if at any time the rent payable by the tenant, whether under a temporary agreement or otherwise, exceeds the standard rent by more than the amount permitted by this Act, the tenant may serve upon the landlord a notice reducing such rent to an amount which exceeds the standard only by the amount permitted by this Act, and in such case such reduced rent shall, until varied by a subsequent temporary agreement or a subsequent notice under this section, be and continue to be the rent to be paid by the tenant in respect of such dwelling-house;
(d) where the rent to be paid by such tenant has not been determined under any of the foregoing paragraphs of this sub-section the rent payable by the tenant in respect of such dwelling-house immediately prior to the commencement of this Act, or if such tenant has since the commencement of this Act held under any lease, agreement or other contract of tenancy then the last rent payable by him under any such lease, agreement or other contract of tenancy, shall subject to the provisions of this section, be and continue to be the rent to be paid in respect of such dwelling-house.
(2) Every notice served under this section shall be in the appropriate form contained in the Schedule to this Act, or in a form substantially to the same effect, provided that no such notice shall take effect until or in respect of any period prior to the expiry of one clear week from the date of service, and provided that a notice to be served by the landlord may be served by the landlord on a tenant during the currency of his tenancy if at the date at which such notice is expressed to take effect the landlord would but for this Act be entitled to obtain possession.
(3) If a notice served under paragraph (b) of sub-section (1) of this section contains any statement or representation which is false or misleading in any material respect, the landlord shall be liable on summary conviction to a fine not exceeding ten pounds unless he proves that the statement was made innocently and without intent to deceive.
Permitted increases of rent.
8.—(1) The amount by which the increased rent of a dwelling-house to which this Act applies may exceed the standard rent shall, subject to the provisions of this Act, be as follows, that to say:—
(a) Where the landlord has since the fourth day of August nineteen hundred and fourteen incurred, or hereafter incurs, expenditure on the improvement or structural alteration of the dwelling-house (not including expenditure on decoration or repairs), an amount calculated at a rate per annum not exceeding six, or, in the case of such expenditure incurred after the second day of July, nineteen hundred and twenty, eight per cent. of the amount so expended:
Provided that the tenant may apply to the Court for an order disallowing or reducing such increase on the ground that such expenditure is or was unnecessary in whole or in part, and the Court may make an order accordingly:
(b) An amount not exceeding the amount for the time being payable by the landlord in respect of the rates chargeable, or which but for the provisions of any Act would be chargeable, on the occupier:
(c) In addition to any such amounts as aforesaid:—
(i) where the landlord is responsible for the whole of the repairs and has since the third day of August nineteen hundred and fourteen expended an amount not less in the aggregate than one half of the standard rent an amount not exceeding ten per cent. of the standard rent; or
(ii) where the landlord is responsible for part and not the whole of the repairs and has so carried out repairs since the third day of August nineteen hundred and fourteen such lesser amount as may be agreed, or as may, on the application of the landlord or the tenant, be determined by the Court to be fair and reasonable having regard to such liability:
Provided that pending any such agreement or application the amount shall be an amount not exceeding five per cent. of the standard rent; and
(iii) in addition to any amount under this or the preceding paragraph, where in the year nineteen hundred and twenty-two the landlord has expended an amount exceeding one-third of the standard rent, or during the period of the two years 1923 and 1924 shall have expended an amount exceeding two-thirds of the standard rent, on putting the dwelling-house into a reasonable state of repair, an amount not exceeding fifteen per cent. of such excess or excesses of expenditure:
(d) In further addition to any such amounts as aforesaid, an amount not exceeding ten per centum of the standard rent:
(2) At any time or times after the date of any increase permitted by paragraph (c) of the foregoing sub-section, the tenant or the sanitary authority may apply to the Court for an order suspending such increase, and also any increase under paragraph (d) of that sub-section, on the ground that the house is not in all respects in a reasonable state of repair.
The Court on being satisfied by the production of a certificate of the sanitary authority or such other evidence as to the Court shall seem reasonable that any such ground as aforesaid is established, and on being further satisfied that the condition of the house is not due to the tenant's neglect or default or breach of agreement, shall order that increase to be suspended until the Court is satisfied that the necessary repairs (other than the repairs, if any, for which the tenant is liable) have been executed, and on the making of such order the increase shall cease to have effect until the Court is so satisfied.
(3) 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 a dwelling-house 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 such transfer, the terms on which any dwelling-house 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: Provided that, 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.
(4) On any application to a sanitary authority for a certificate or report under this section a fee of five shillings shall be payable, but, if the authority as the result of such application issues such a certificate as aforesaid, the tenant shall be entitled to deduct the fee from any subsequent payment of rent.
(5) For the purposes of this section, the expression “repairs” means any repairs required for the purpose of keeping premises in good and tenantable repair, and any premises in such a state shall be deemed to be in a reasonable state of repair, and the landlord shall be deemed to be responsible for any repairs for which the tenant is under no express liability or liability implied under section forty-two of the Landlord and Tenant Law Amendment Act (Ireland), 1860.
(6) Where owing to the default of the landlord any dwelling-house to which this Act applies is not in a reasonable state of repair, the Court may order the landlord to pay to the tenant such compensation, not exceeding an amount equal to the annual amount of the standard rent, as to the Court seems just, provided that:—
(a) The right of the tenant to obtain relief under this sub-section shall not prejudice his right to seek relief in any other form of proceedings;
(b) If at the time of the application for or the making of any order under this sub-section the landlord shall undertake to put the dwelling-house into a reasonable state of repair the Court may adjourn the application, or stay or suspend execution on any such order, and if the undertaking is fulfilled the Court may discharge such order;
(c) Any sum awarded to a tenant for compensation under this sub-section shall be expended on suitable repairs to the dwelling-house, and any order awarding compensation may be made subject to any conditions that the Court shall think fit to impose for the purpose of ensuring such expenditure as aforesaid.
Restrictions on calling in of mortgages.
9.—It shall not be lawful for any mortgagee under a mortgage to which this Act applies, so long as:—
(a) interest at the rate permitted under this Act is paid and is not more than twenty-one days in arrear; and
(b) the covenants by the mortgagor (other than the covenant for the repayment of the principal money secured) are performed and observed; and
(c) the mortgagor keeps the property in a proper state of repair and pays all interest and instalments of principal recoverable under any prior encumbrance,
to call in his mortgage or to take any steps for exercising any right of foreclosure or sale, or for otherwise enforcing his security or for recovering the principal money thereby secured:
Provided that—
(i) this provision shall not apply to a mortgage where the principal money secured thereby is repayable by means of periodical instalments extending over a term of not less than ten years from the creation of the mortgage, nor to any case in which the mortgagor consents to the exercise by the mortgagee of the powers conferred by the mortgage, nor shall this provision affect any power of sale exercisable by a mortgagee who was on the twenty-fifth day of March, nineteen hundred and twenty, a mortgagee in possession; and
(ii) if, in the case of a mortgage of a leasehold interest the mortgagee satisfies the Court that his security is seriously diminishing in value or is otherwise in jeopardy, and that for that reason it is reasonable that the mortgage should be called in and enforced, the Court may by order authorise him to call in and enforce the same, and thereupon this section shall not apply to such mortgage; but any such order may be made subject to a condition that it shall not take effect if the mortgagor within such time as the Court directs pays to the mortgagee such portion of the principal sum secured as appears to the Court to correspond to the diminution of the security.
Permitted increase of mortgage interest.
10.—The amount by which the increased rate of interest payable in respect of a mortgage to which this Act applies may exceed the standard rate, shall be an amount not exceeding one per cent. per annum:
Provided that the rate shall not be increased so as to exceed six and a half per cent. per annum.
Period during which increase of rent permitted.
11.—Nothing in this Act shall be taken to authorise any increase of rent except in respect of a period during which but for this Act the landlord would be entitled to obtain possession, or any increase in the rate of interest on a mortgage except in respect of a period during which, but for this Act, the security could be enforced.
Restriction on increasing rent and mortgage interest.
12.—Subject to the provisions of this Act, if an increased rent or an increased rate of interest exceeds by more than the amount permitted under this Act the standard rent or the standard rate of interest, the amount of such excess shall, notwithstanding any agreement to the contrary be irrecoverable from the tenant or the mortgagor, as the case may be.
Restriction on premiums.
13.—(1) A person shall not, as a condition of the grant, renewal, or continuance of a tenancy or sub-tenancy of any dwelling-house to which this Act applies, require the payment of any fine, premium, or other like sum, or the giving of any pecuniary consideration, in addition to the rent, and, where any such payment or consideration has been made or given in respect of any such dwelling-house under an agreement made after the twenty-fifth day of March nineteen hundred and twenty, the amount or value thereof shall be recoverable by the person by whom it was made or given:
Provided that if any person who shall recover any sum made recoverable by this sub-section shall have assigned or otherwise disposed of his interest in the tenancy for valuable consideration, the sum recovered by him shall be held by him in trust for such person as shall seem to the Court to be equitably entitled thereto.
(2) A person requiring any payment or the giving of any consideration in contravention of this section shall be liable on summary conviction to a fine not exceeding one hundred pounds, and the court by which he is convicted may order the amount paid or the value of the consideration to be repaid to the person by whom the same was made or given, but such order shall be in lieu of any other method of recovery prescribed by this Act.
(3) Any person making or offering to make any payment or giving or offering to give any consideration the requiring of which would be in contravention of this section, or advertising or publishing any such offer shall be liable on summary conviction to a fine not exceeding twenty pounds, one half of such fine to be paid to the complainant: Provided that no proceedings under this sub-section shall be taken against any person who has already instituted any proceedings under sub-section one or two of this section, or who has supplied any information for the purpose of the institution of any proceedings under sub-section two of this section.
(4) Any grant, renewal, or continuance of a tenancy as a condition of which any such payment or consideration as aforesaid has been made or given shall, without prejudice to the operation of this section, be voidable at the option of either party thereto, without prejudice to the right of the tenant, if he has entered into possession, to retain possession by virtue of the provisions of this Act after any such option has been exercised.
(5) This section shall not apply to the grant, renewal or continuance for a term of fourteen years or upwards of any tenancy, or to the grant, renewal or continuance for a term of five years or upwards of any tenancy where the rent per annum with the addition of a sum equal to the net annual value, (calculated on the basis of the six per cent. tables,) equivalent to the amount of such payment or consideration does not exceed the standard rent by more than the amount permitted by this Act.
Special powers for raising money for repairs.
14.—(1) When the landlord of any dwelling-house to which this Act applies requires to raise a sum of money exceeding two-thirds of the annual amount of the standard rent for the purpose of carrying out any repairs for which he is responsible and executes a deed of charge of such sum in the prescribed form such deed of charge shall be effectual to charge the interest of the landlord, and of any superior landlord who joins in the charge, with the repayment of the sum advanced and interest, at a rate, not exceeding six and a half per cent. per annum, in manner therein provided as a first charge in priority to all charges and encumbrances thereon.
(2) Every such deed of charge as aforesaid shall provide for the repayment of the sum advanced by yearly, half-yearly or quarterly instalments extending over a period of not more than six years.
(3) The sum secured by any such deed of charge as aforesaid shall not, without the approval of the Court, exceed a sum equal to twice the annual amount of the standard rent, and the approval of the Court may be given on such terms and conditions as the Court shall think fit to impose for the purpose of safeguarding the interests of all persons concerned.
(4) Such provisions as may be necessary or expedient shall be prescribed for ensuring the proper expenditure of the sum secured by any such deed of charge as aforesaid, and for making the certificate of the architect or contractor conclusive or prima facie evidence on any question of expenditure, and for the registration of the charge in special registers to be kept for the purpose in the Registry of Deeds and Land Registry respectively, and for any matters for which provisions ought to be made.
(5) The provisions of this sub-section shall apply to a deed of charge affecting any number of dwelling-houses to which this Act applies upon which repairs are to be executed under a single contract, as if the annual aggregate amount of the standard rents of all the dwelling-houses affected were the annual amount of the standard rent of a single dwelling-house and the certificate of the architect or contractor shall, in the absence of proof of fraud or collusion be conclusive evidence as between the landlord and the tenants as to the amount of the total expenditure to be apportioned on each dwelling-house.
Recovery of sums made irrecoverable, &c.
15.—(1) Where any sum has, whether before or after the passing of this Act, been paid on account of any rent or mortgage interest, being a sum which is by virtue of this Act irrecoverable by the landlord or mortgagee, the sum so paid shall be recoverable from the landlord or mortgagee who received the payment or his legal personal representative by the tenant or mortgagor by whom it was paid, and any such sum, and any other sum which under this Act is recoverable by a tenant from a landlord or payable or repayable by a landlord to a tenant, may, without prejudice to any other method of recovery, be deducted by the tenant or mortgagor from any rent or interest payable by him to the landlord or mortgagee.
(2) If—
(a) 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 which by virtue of this Act is irrecoverable; or
(b) where any such entry has, before the passing of this Act, been made by or on behalf of any landlord, the landlord, on being requested by or on behalf of the tenant so to do, refuses or neglects to cause the entry to be deleted within seven days,
that person or landlord shall, on summary conviction, be liable to a fine not exceeding ten pounds, unless he proves that he acted innocently and without intent to deceive.
Liability for rates on unoccupied houses.
16.—Where a dwelling-house to which this Act applies is empty or unoccupied the landlord of such dwelling-house shall be deemed to be the person in rateable occupation of the dwelling-house for the purposes of any enactment authorising the making, levying or recovering of any rate on or from an occupier thereof.
Application to business premises.
17.—(1) This Act shall apply to any premises used for business trade or professional purposes or for the public service as it applies to a dwelling-house, and as though references to “dwelling-house” “house” and “dwelling” included references to any such premises, but this Act in its application to such premises shall have effect subject to the following modifications:—
(a) The following paragraph shall be substituted for paragraph (d) of sub-section (1) of section eight:—
(d) In addition to any amounts as aforesaid, an amount not exceeding twenty-five per centum of the standard rent.
(b) The following paragraph shall be substituted for paragraph (d) of sub-section (1) of section four:—
(d) the premises are reasonably required by the landlord for business, trade or professional purposes 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 that the premises are 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.
(2) The application of this Act to such premises as aforesaid shall not extend to a letting or tenancy in any market or fair where the rent or conditions of tenancy are controlled or regulated by or in pursuance of any statute or charter, or to any letting or tenancy from year to year or for a term of years.
(3) When any order or judgment for the recovery of possession of any premises to which this Act, by virtue of this section, applies, or for the ejectment of a tenant therefrom, has been made or given before the passing of this Act, but not executed, and, in the opinion of the Court, the order or judgment would not have been made or given if this Act had been in force at the time when such order or judgment was made or given, the Court may, on application by the tenant, rescind or vary such order or judgment in such manner as the Court may think fit for the purpose of giving effect to this Act.
(4) This section shall come into operation on the passing of this Act.
Jurisdiction of county and district courts.
18.—(1) A County Court shall have jurisdiction to deal with any claim or other proceedings arising out of this Act or any of the provisions thereof, and notwithstanding that by reason of the amount of claim or otherwise the case would not but for this provision be within the jurisdiction of a County Court, and, if a person takes proceedings under this Act in the High Court which he could have taken in the County Court, he shall not be entitled to recover any costs unless the Court on any special ground shall otherwise order.
(2)
(a) A District Court shall have jurisdiction to deal with any claim or other proceedings arising under this Act or any of the provisions thereof other than an application under section two sub-section four, or section three sub-section three of this Act, provided that any such claim or other proceedings arises or arise in respect of a dwelling-house of which the annual amount of the standard rent does not exceed twenty-six pounds or that the parties have consented in writing to its being so dealt with.
(b) Section fifteen of the Summary Jurisdiction (Ireland) Act, 1851, shall apply to any dwelling-house to which this Act applies and of which the tenant retains possession by virtue of the provisions of this Act as if the rent specified in that section were a rent not exceeding the rate of twenty-six pounds per annum exclusive of any increases permitted under this Act.
(3) Any person aggrieved by any determination of a District Court under this section may appeal in the prescribed manner to the County Court, and the decision of the County Court on such appeal shall be final and conclusive:
Provided that no appeal shall lie in any case where the parties have consented in writing that the decision of the District Justice shall be final and conclusive.
(4) A decision of the County Court as to any apportionment of rent or rateable value shall be final and conclusive.
Rules as to procedure.
19.—(1) The Rules Committee appointed under this section may make such rules and give such directions as it thinks fit for the purpose of giving effect to this Act, and in particular may, by those rules or directions, provide for any proceedings for the purposes of this Act being conducted so far as desirable in private and for the remission of any fees, and for any question arising under this Act being determined in a summary way on an originating application.
(2) The Rules Committee for the purposes of this Act shall consist of—
(a) two County Court Judges nominated from time to time by the Chief Justice, and
(b) one District Justice nominated from time to time by the Minister for Home Affairs, and
(c) one practising Barrister of at least seven years' standing nominated from time to time by the Attorney-General, and
(d) the President for the time being of the Incorporated Law Society of Ireland.
Short Title and Duration.
20.—(1) This Act may be cited as The Increase of Rent and Mortgage Interest (Restrictions) Act, 1923.
(2) Except as otherwise provided, this Act shall come into operation on the twenty-fourth day of June, nineteen hundred and twenty-three, and shall continue in force until the twenty-fourth day of June, nineteen hundred and twenty-six:
Provided that the expiration of this Act shall not render recoverable by a landlord any rent, interest or other sum which during the continuance thereof was irrecoverable, or affect the right of a tenant to recover any sum which during the continuance thereof was under this Act recoverable by him.
SCHEDULE.
FORM I.
Form of Notice by Landlord of Increase of Rent.
Increase of Rent and Mortgage Interest (Restrictions) Act, 1923.
NOTICE OF INCREASE OF RENT.
Date....................................
To | ||
Address of premises to which this notice refers | } | |
Take Notice that from and after the day of next the rent payable by you as tenant of the above-named premises will be the increased rent of £ s. d. per . The said increased rent is determined as follows:—
(a) Amount of standard rent per year (week or month as case may be) | £ | s. | d. |
(b) Six (eight) per cent. on £ s. d. expended by me since (insert date) on improvements, and structural alterations, particulars of which are set out below | |||
(c) Amount payable for the time being by me in respect of the rates specified in paragraph (b) of sub-section (1) of section eight of the Act in respect of the premises | |||
(d) (i) Ten (five or as the case may be) per cent. of the standard rent in respect of my responsibility for the whole (part) of the repairs of the premises | |||
(ii) Fifteen per cent. of the excess, as described in paragraph (c) (iii) of sub-section (1) of section eight of the Act, of my expenditure on putting the dwelling-house into a reasonable state of repair, as per particulars set out below | |||
(e) Ten per cent. of the standard rent | |||
Total increased rent £ |
Particulars of Improvements and Structural Alterations.
Date............... | £ |
Expenditure on improvement and Structural alteration completed on this date and consisting of | |
Particulars Of Expenditure On Reparation.
£ | s. | d. | £ | s. | d. | ||
Expenditure during the year 1922 on reparation consisting of | |||||||
Less one-third of standard rent | |||||||
Expenditure on reparation incurred to date during the years 1923-1924 and consisting of | |||||||
Less two-thirds of standard rent | |||||||
Total excess expenditure on reparation | £ |
Signed,
Address,
Note.—When the rent is a weekly or monthly rent or less than a yearly rent the amounts specified as increases must be correspondingly reduced to weekly or monthly amounts or as the case may be.
FORM II.
Form of Combined Notice to Quit and Notice by Landlord of Increase of Rent.
Increase of Rent and Mortgage Interest (Restrictions) Act, 1923.
NOTICE TO QUIT.
Date....................................
To | ||
Address of premises to which this notice refers | } | |
Take Notice that I hereby require you to quit and deliver up possession of the above-named house and premises, with the appurtenances, which you hold of me, as tenant thereof, on the day of next (or at the expiration of the year of your tenancy which shall expire next after the end of one half year from the service of this notice).
And Take Further Notice that, in the event of your electing, notwithstanding the determination of your present tenancy by the above notice to quit, to retain possession of the said premises, the rent payable from and after theday ofnext by you as tenant of the said premises will be the increased rent of £ s. d. per . The said increased rent is determined as follows:—
(a) Amount of standard rent per year (week or month as case may be) | £ | s. | d. |
(b) Six (eight) per cent. on £ s. d. expended by me since (insert date) on improvements, and structural alterations, particulars of which are set out below | |||
(c) Amount payable for the time being by me in respect of the rates specified in paragraph (b) of sub-section (1) of section eight of the Act in respect of the premises | |||
(d) (i) Ten (five or as the case may be) per cent. of the standard rent in respect of my responsibility for the whole (part) of the repairs of the premises | |||
(ii) Fifteen per cent. of the excess, as described in paragraph (c) (iii) of sub-section (1) of section eight of the Act, of my expenditure on putting the dwelling-house into a reasonable state of repair, as per particulars set out below | |||
(e) Ten per cent. of the standard rent | |||
Total increased rent |
Particulars of Improvements and Structural Alterations.
Date............... | £ s. d. |
Expenditure on improvement and structural alteration completed on this date and consisting of | |
Particulars of Expenditure on Reparation.
£ | s. | d. | £ | s. | d. | ||
Expenditure during the year 1922 on reparation consisting of | |||||||
Less one-third of standard rent | |||||||
Expenditure on reparation incurred to date during the years 1923–1924 and consisting of | |||||||
Less two-thirds of standard rent | |||||||
Total excess expenditure on reparation | £ |
Signed,
Address,
Note.—When the rent is a weekly or monthly rent or less than a yearly rent the amounts specified as increases must be correspondingly reduced to weekly or monthly amounts or as the case may be.
FORM III.
Form of Notice By Tenant of Reduction of an Increased Rent.
Increase of Rent and Mortgage Interest (Restrictions) Act, 1923.
NOTICE OF REDUCTION OF INCREASED RENT.
Date....................................
To | ||
Address of premises to which this notice refers | } | |
Take Notice that from and after the day of next the rent payable by me as tenant of the above-named premises will be the reduced rent of £ s. d. per . The said reduced rent is determined as follows:—
(a) Amount of Standard Rent per year (week or month as case may be) | £ | s. | d. |
(b) Six (eight) per cent. on £. s. d. expended by me since (insert date) on improvements, and structural alterations | |||
(c) Amount payable for the time being by you in respect of the rates specified in paragraph (b) of sub-section (1) of section eight of the Act in respect of the premises | |||
(d) (i) Ten (five or as the case may be) per cent. of the standard rent in respect of my responsibility for the whole (part) of the repairs of the premises | |||
(ii) Fifteen per cent. of the excess, as described in paragraph (c) (iii) of sub-section (1) of section eight of the Act, of my expenditure on putting the dwelling-house into a reasonable state of repair | |||
(e) Ten per cent. of the standard rent | |||
Total increased rent £ |
Signed,
Address,