Rent restrictions act, 1960

• Enactment Date: 21 December 1960
• Act Number: 42

Number 42 of 1960.
RENT RESTRICTIONS ACT, 1960.
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title and commencement. 2. Interpretation generally. 3. Controlled dwelling. 4. Dwellings used in part for business purposes, etc. 5. Repeals and adaptations of references to repealed Acts. 6. Expenses.
PART II
Restriction of Rent of Controlled Dwellings
Chapter 1
Lawful Rent of Controlled Dwellings
7. Basic rent of certain controlled dwellings. 8. Revision of basic rent of controlled dwellings to which section 7 applies. 9. Basic rent of controlled dwellings to which section 7 does not apply. 10. Lawful additions to basic rent. 11. Lawful rent.
Chapter 2
Determination of Rent and Recovery of Overpayments
12. Information as to basic rent or lawful rent. 13. Determination of rent to be paid by tenants. 14. Effect of transfer to tenant of burdens previously borne by landlord. 15. Reduction of rent owing to default of landlord in keeping controlled dwelling in repair. 16. Sums declared to be irrecoverable. 17. Recovery of overpayments. 18. Limitation on recovery of overpayments.
PART III
Special Provisions for Relief of Tenants of Small Controlled Dwellings
19. Interpretation of Part III. 20. Applications for provisional orders. 21. Making of provisional orders. 22. Provisions as to provisional orders. 23. Application by landlord or tenant in relation to provisional order. 24. Provisions applicable in default of application by landlord or tenant. 25. Exemption from Court fees. 26. Review on grounds of fraud surprise, mistake or disability. 27. District court valuers. 28. Reference by District Justices of questions affecting rateable valuation or rent of small controlled dwellings to valuers.
PART IV
Restrictions on Recovery of Possession of Controlled Premises
29. Restrictions on landlord's right to possession of controlled dwelling. 30. Saving for rights of subtenants. 31. Statutory tenancy. 32. Conditions of statutory tenancy. 33. Powers of Court in ejectment proceedings. 34. Amendments of section 15 of Summary Jurisdiction (Ireland) Act, 1851. 35. Acceptance of rent by landlord after expiration of notice to quit. 36. Order for possession obtained by misrepresentation. 37. Non-application of sections 29 and 30 to lettings for temporary convenience, etc. 38. Saving for rights of local authorities.
PART V
Miscellaneous
39. Liability for repairs. 40. Payment to tenant in case of disrepair of controlled dwelling owing to default of landlord. 41. Apportionment of rateable valuation by Commissioner of Valuation. 42. Restrictions on premiums. 43. Restriction on levy of distress for rent. 44. Method of recovery of sums due by landlords to tenants. 45. Restriction of certain orders. 46. Recovery of deposit made as security for payment of rent. 47. Provisions in relation to certain sublettings. 48. Regulations. 49. Powers of the Court generally. 50. Exercise of jurisdiction of Court. 51. Continuance of pending proceedings. 52. Position of statutory tenants under Act of 1946. 53. Rules as to procedure. 54. Application of Landlord and Tenant Act, 1931, to certain premises.
FIRST SCHEDULE
SECOND SCHEDULE
Acts Referred to Rent Restrictions Act, 1946 1946, No. 4 Increase of Rent and Mortgage Interest (War Restrictions) Act, 1915 5 & 6 Geo. 5, c. 97 Increase of Rent and Mortgage Interest (Restrictions) Act, 1919 1919, c. 7 Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 1920, c. 17 Emergency Powers (No. 313) Order, 1944 1944, S. R. & O., No. 29 Emergency Powers (No. 313) Order, 1944 (Amendment) Order, 1945 1945, S. R. & O., No. 188 Housing and Labourers Act, 1937 1937, No. 42 Housing (Amendment) Act, 1952 1952, No. 16 Housing (Amendment) Act, 1954 1954, No. 16 Local Government (Rates on Small Dwellings) Act, 1928 1928, No. 4 Civil Service Commissioners Act, 1956 1956, No. 45 Civil Service Regulation Act, 1956 1956, No. 46 Housing (Miscellaneous Provisions) Act, 1931 1931, No. 50 Adoption Act, 1952 1952, No. 25 Landlord and Tenant Law Amendment Act (Ireland), 1860 . 1860, c. 154 Summary Jurisdiction (Ireland) Act, 1851 1851, c. 92 Landlord and Tenant Act, 1931 1931, No. 55 Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 1923, No. 19
Number 42 of 1960.
RENT RESTRICTIONS ACT, 1960.
AN ACT TO MAKE 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. [21st December, 1960.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title and commencement.	1.—(1) This Act may be cited as the Rent Restrictions Act, 1960.
	(2) This Act shall come into operation on the 31st day of December, 1960.
	Interpretation generally.	2.—(1) In this Act, unless the context otherwise requires—
	“the Act of 1946” means the Rent Restrictions Act, 1946 ;
	“basic rent” means, in relation to a controlled dwelling, the basic rent of the dwelling determined under section 7 , section 8 or section 9 (as the case may be) of this Act
	“controlled dwelling” means any dwelling to which, by virtue of section 3 of this Act, the Act applies;
	“District Justice” means a Justice of the District Court;
	“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 former enactments relating to restriction of rent” means—
	(a) the Increase of Rent and Mortgage Interest (War Restrictions) Act, 1915,
	(b) the Increase of Rent and Mortgage Interest (Restrictions) Act, 1919,
	(c) the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920,
	(d) the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930,
	(e) the Emergency Powers (No. 313) Order, 1944, and the Emergency Powers (No. 313) Order, 1944 (Amendment) Order, 1945, and
	(f) the Rent Restrictions Acts, 1946 to 1959;
	“landlord”, when used in relation to any dwelling, includes any person from time to time deriving title under the original landlord of the dwelling, and also includes any person, other than the tenant, who is or would but for this Act be entitled to possession of the dwelling;
	“lawful addition” means, in relation to the basic rent of a controlled dwelling, any sum which is, by virtue of section 10 of this Act, a lawful addition to the basic rent;
	“lawful rent” means, in relation to a controlled dwelling, the sum declared by section 11 of this Act to be the lawful rent of the dwelling;
	“let” includes sublet;
	“the Minister” means the Minister for Justice;
	“non-statutory tenant” means a tenant who is not a statutory tenant;
	“the operative date” means the date of the commencement of this Act, that is to say, the 31st day of December, 1960;
	“prescribed” means prescribed by the Minister by regulations made under this Act;
	“rates” means, in relation to a controlled dwelling, 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, or the council of an urban district) in respect of the dwelling 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 dwelling;
	“statutory tenancy” means the interest of a statutory tenant in the dwelling in relation to which the expression is used;
	“statutory tenant” means a person being either—
	(a) a person who retains possession of any controlled dwelling after his contractual tenancy therein (not being a tenancy to which section 37 of this Act applies) has terminated, or
	(b) a person who retains possession of any controlled dwelling under subsection (2), subsection (3) or subsection (4) of section 31 of this Act, or
	(c) a person who retains possession of any controlled dwelling under subparagraph (iii) of paragraph (a) or under paragraph (b) of subsection (5) of section 32 of this Act, or
	(d) a person who retains possession of any controlled dwelling under section 52 of this Act;
	“tenant” includes in relation to any dwelling a statutory tenant, and includes any person from time to time deriving title under the original tenant, and also includes a subtenant.
	(2) References in this Act to an order for the recovery of possession of a controlled dwelling shall be construed as including references to an order for ejectment of a tenant therefrom.
	(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.
	Controlled dwelling.	3.—(1) Subject to subsection (2) of this section, this Act applies to every dwelling.
	(2) This Act does not apply to—
	(a) a dwelling the rateable valuation of which exceeds—
	(i) in case the dwelling is situate in the county borough of Dublin or the borough of Dún Laoghaire, sixty pounds,
	(ii) in any other case, forty pounds,
	(b) a dwelling erected after, or in course of being erected on, the 7th day of May, 1941,

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