Increase of Rent and Mortgage Interest (Restrictions) Act 1923

1 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.

2 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.

3 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.

4 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.

5 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.

6 Conditions of statutory tenancy.