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1946_si_68 IE

S.I. No. 68/1946 - Rent Restrictions Act, 1946 (Forms) Regulations, 1946.

7 Articles / Provisions · Ireland
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Table of Provisions (7)

Statutory Text (7 Articles)

ISB SI

2. IMPROVEMENTS AND STRUCTUAL ALTERATIONS (excluding decoration and repairs)

(See Note D).

ISB SI

3. REPAIRS wholly or mainly necessary owing to acts of waste, neglect or default

(See Note E).

ISB SI

5. RECONSTRUCTION of premises into separate and self-contained FLAT

(See Note G).

Rent to be paid

Signed............................................................ .....

Address............................................................ .....

............................................................ .....

NOTES.

A: Seven clear days' notice must be given. (Section 20 (3)).

B: The basic rent is determined as follows

(i) If the rent paid on 7th May, 1941 (by an occupying tenant under a contract of tenancy for a term not exceeding 5 years), is known, then, that rent(or, if the landlord at that time paid the rates, that rent less the amount of the rates) will be the basic rent. (Section 14).

(ii) If the premises were not let on 7th May, 1941, under the conditions mentioned in paragraph (i) then, the rent (if known) at which they were last let within the five years preceding 7th May, 1941 (under similar conditions), will (subject to a like deduction for rates paid by the landlord) be the basic rent. (Section 14).

(iii) The basic rent so arrived at may, however, be revised by the Court in certain cases where the Court regards it as too high or too low. (Section 15).

(iv) In all other cases, the basic rent must be fixed by the Court. (Section 16).

C: If the landlord pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, he is entitled to a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity. (Section 17(2) (a)).

D: The landlord is entitled to 8 per cent. per annum of any amount expended by him on improvements and structural alterations (excluding decoration and repairs) and so expended—

(i) if the basic rent was fixed by reference to the actual rent paid on a particular date (see Note B),—since that date, or,

(ii) if the basic rent was fixed by the Court,—since the date of the institution of the proceedings in which it was fixed. (Section 17(2)(b)(d) ).

E: The landlord is entitled to 8 per cent. per annum of any amount expended by him on repairs, wholly or mainly rendered necessary owing to acts of waste by, or the neglect or default of, the tenant or any person residing with him or any of his lodgers or subtenants, and so expended—

(i) if the basic rent was fixed by reference to the actual rent paid on a particular date (see Note B),—since that date, or,

(ii) if the basic rent was fixed by the Court,—since the date of the institution of the proceedings in which it was fixed. (Section 17(2)(c)).

F: The landlord is entitled to 15 per cent. per annum of so much of his expenditure on putting the premises into a reasonable state of repair in any of the following groups of years—1945-46, 1946-47, 1947-48, 1948-49, 1949-50—as exceeds 2/3rds of the basic rent. (Section 17(2) (e)).

G: If the premises consist of a separate and self-contained flat or tenement, forming part of any buildings bona-fide reconstructed by the landlord since 7th May, 1941 (or being bona-fide reconstructed on that date), by way of conversion into two or more such flats or tenements, the landlord is entitled to 8 per cent. per annum of a proportionate part of the expenditure on that reconstruction, based on the proportion which the rateable valuation of the flat or tenement bears to the rateable valuation of the entire buildings. (Section 17(2)(f)).

GIVEN under my Official Seal this 22nd day of March, 1946.

(Signed) GERALD BOLAND,

Minister for Justice.

ISB SI

1946. No. 68.

RENT RESTRICTIONS ACT, 1946 (FORMS) REGULATIONS, 1946.

I, GERALD BOLAND, Minister for Justice, in exercise of the powers conferred on me by

section 53

of the

Rent Restrictions Act, 1946

(No. 4 of 1946), hereby make the following regulations

ISB SI

STATUTORY RULES AND ORDERS. 1946. No. 68.

RENT RESTRICTIONS ACT, 1946 (FORMS) REGULATIONS, 1946.

CONTENTS.

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