Rent restrictions act, 1946

• Act Number: 4
• Enactment Date: 12 March 1946

Number 4 of 1946.
RENT RESTRICTIONS ACT, 1946.
ARRANGEMENT OF SECTIONS
Part I.
Preliminary and General
Section 1. Short title and duration. 2. Interpretation generally. 3. Controlled premises. 4. Dwellings used in part for business purposes, etc. 5. Repeals and adaptation of references to repealed Acts. 6. Expenses.
Part II.
Restriction of Rent of Controlled Premises.
Chapter 1.
Lawful Rent of Controlled (1923 Act) Premises.
7. Controlled (1923 Act) premises. 8. Basic rent of controlled (1923 Act) premises the standard rent whereof has been determined by Court or by arbitration. 9. Basic rent of controlled (1923 Act) premises to which section 8 does not apply. 10. Premises not to cease to be controlled (1923 Act) premises by reason of increase of rateable valuation. 11. Lawful additions to basic rent of controlled (1923 Act) premises. 12. Lawful rent of controlled (1923 Act) premises.
Chapter 2.
Lawful Rent of Controlled (Non-1923 Act) Premises.
13. Controlled (non-1923 Act) premises. 14. Basic rent of certain controlled (non-1923 Act) premises. 15. Revision of basic rents of premises to which section 14 applies. 16. Basic rent of controlled (non-1923 Act) premises to which section 14 does not apply. 17. Lawful additions to basic rent of controlled (non-1923 Act) premises. 18. Lawful rent of controlled (non-1923 Act) premises.
Chapter 3.
Determination of Rent and Recovery of Overpayments.
19. Information as to basic rent to be supplied by landlords and vendors. 20. Determination of rent to be paid by tenants. 21. Effect of transfer to tenant of burdens previously borne by landlord. 22. Reduction of rent owing to default of landlord in keeping premises in repair. 23. Sums declared to be irrecoverable. 24. Recovery of overpayments. 25. Limitation on recovery of overpayments.
Part III.
Special Provisions for the Relief of Tenants of Small Premises.
26. Commencement of Part III. 27. Interpretation of Part III. 28. Applications for provisional orders. 29. Making of provisional orders. 30. Provisions as to provisional orders. 31. Application by landlord in relation to provisional order. 32. Provisions applicable in default of application by landlord. 33. Exemption from court fees. 34. Orders obtained by false statements. 35. District court valuers. 36. Reference by District Justices of questions affecting rateable valuation or rent of small premises to valuers.
Part IV.
Restrictions on Recovery of Possession of Controlled Premises.
37. Restrictions on landlord's right to possession of controlled premises. 38. Saving for rights of subtenants. 39. Statutory tenancy. 40. Conditions of statutory tenancy. 41. Powers of Court in ejectment proceedings. 42. Amendments of section 15 of Summary Jurisdiction (Ireland) Act, 1851. 43. Acceptance of rent by landlord after expiration of notice to quit. 44. Order for possession obtained by misrepresentation. 45. Non-application of sections 37 and 38 to lettings for temporary convenience, etc. 46. Saving for rights of local authorities under the Housing of the Working Classes Acts.
Part V.
Miscellaneous.
47. Liability for repairs. 48. Compensation for disrepair of controlled premises owing to default of landlord. 49. Apportionment of rateable valuation by Commissioner of Valuation. 50. Restriction on premiums. 51. Restriction on levy of distress for rent. 52. Method of recovery of sums due by landlords to tenants. 53. Regulations. 54. Powers of the Court generally. 55. Exercise of jurisdiction of Court. 56. Continuance of pending proceedings. 57. Position of statutory tenants under Act of 1923 and Order of 1944. 58. Rules as to procedure.
SCHEDULE.
Acts Referred to Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 No. 19 of 1923 Increase of Rent and Mortgage Interest (Restrictions) Act, 1926 No. 24 of 1926 Local Government (Dublin) Act, 1930 No. 27 of 1930 Local Government (Rates on Small Dwellings) Act, 1928 No. 4 of 1928 Housing (Miscellaneous Provisions) Act, 1931 No. 50 of 1931
Number 4 of 1946.
RENT RESTRICTIONS ACT, 1946.
AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR RESTRICTING THE INCREASE OF RENT AND THE RECOVERY OF POSSESSION OF PREMISES IN CERTAIN CASES AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [12th March, 1946.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title and duration.	1.—(1) This Act may be cited as the Rent Restrictions Act, 1946.
	(2) This Act shall continue in operation until the 31st day of December, 1950.
	Interpretation generally.	2.—(1) In this Act—
	the expression “the Act of 1923” means the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923);
	the expression “the Act of 1926” means the Increase of Rent and Mortgage Interest (Restrictions) Act, 1926 (No. 24 of 1926);
	the expression “basic rent” means—
	(a) in relation to controlled (1923 Act) premises, the basic rent of the premises determined under section 8 or section 9 (as the case may be) of this Act,
	(b) in relation to controlled (non-1923 Act) premises, the basic rent of the premises determined under section 14 , section 15 or section 16 (as the case may be) of this Act;
	the expression “business premises” means premises used for the purposes of any business, trade or profession or for the public service;
	the expression “controlled premises” means any premises to which, by virtue of section 3 of this Act, this Act applies;
	the expression “controlled (1923 Act) premises” means controlled premises to which, by virtue of section 7 of this Act, Chapter 1 of Part II of this Act applies;
	the expression “controlled (non-1923 Act) premises” means controlled premises to which, by virtue of section 13 of this Act, Chapter 2 of Part II of this Act applies;
	the expression “District Justice” means a Justice of the District Court;
	the word “dwelling” means a house let as a separate dwelling, or a part, so let, of any house, whether or not the tenant shares with any other persons any portion thereof or any accommodation, amenity or facility in connection therewith;
	the word “landlord”, when used in relation to any premises, includes any person from time to time deriving title under the original landlord of the premises, and also includes any person, other than the tenant, who is or would but for this Act be entitled to possession of the premises;
	the expression “lawful addition” means—
	(a) in relation to the basic rent of controlled (1923 Act) premises, any sum which is, by virtue of section 11 of this Act, a lawful addition to the basic rent,
	(b) in relation to the basic rent of controlled (non-1923 Act) premises, any sum which is, by virtue of section 17 of this Act, a lawful addition to the basic rent;
	the expression “lawful rent” means—
	(a) in relation to controlled (1923 Act) premises, the sum declared by section 12 of this Act to be the lawful rent of the premises,
	(b) in relation to controlled (non-1923 Act) premises, the sum declared by section 18 of this Act to be the lawful rent of the premises;
	the word “let” includes sublet;
	the expression “the Minister” means the Minister for Justice;
	the expression “non-statutory tenant” means a tenant who is not a statutory tenant;
	the expression “the operative date” means the date of the passing of this Act;
	the expression “the Order of 1944” means the Emergency Powers (No. 313) Order, 1944 (S. R. & O., No. 29 of 1944), as amended by the Emergency Powers (No. 313) Order, 1944 (Amendment) Order, 1945 (S. R. & O., No. 188 of 1945);
	the word “premises” means any premises being a dwelling or business premises;
	the word “prescribed” means prescribed by the Minister by regulations made under this Act;
	the word “rates” means, in relation to any premises, the rates (including water rates) which are made by a local authority (being the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town) in respect of the premises for the service of any local financial year and which by any Act are, or but for any Act would be, chargeable on the occupier of the premises;
	the expression “standard rent” has the same meaning as it has in the Act of 1923;
	the expression “statutory tenancy” means the interest of a statutory tenant in the premises in relation to which the expression is used;
	the expression “statutory tenant” means a person being either—
	(a) a person who retains possession of any controlled premises after his contractual tenancy therein (not being a tenancy to which section 45 of this Act applies) has terminated, or
	(b) a person who retains possession of any controlled premises under subsection (2) or subsection (3) of section 39 of this Act, or
	(c) a person who retains possession of any controlled premises under subparagraph (iii) of paragraph (a) or under paragraph (b) of subsection (5) of section 40 of this Act, or
	(d) a person who retains possession of any controlled premises under section 57 of this Act;
	the word “tenant”, unless the context otherwise requires, includes in relation to any premises a statutory tenant, and includes any...