PART II

Tenancies of Certain Dwellings

7. —(1) In this Part, except where the context otherwise requires—

“the Act of 1980” means the Landlord and Tenant (Amendment) Act, 1980 ;

“dwelling to which section 8 (1) relates” means a dwelling to which, by virtue of that provision, this Part applies;

“improvement” means any addition to or alteration of a dwelling carried out by the tenant or any of his predecessors in title on or after the 31st day of December, 1960, which adds to the letting value of the dwelling and includes any addition or alteration connected with the provision of any services to the dwelling, but does not include work of repairing (except where such work was the responsibility of the landlord and he failed to carry out the work), painting and decorating or any of them;

“tenant” means the person for the time being entitled to the possession of a dwelling to which section 8 (1) relates and includes a person—

(a) who would, at the commencement of this Act, be the tenant of the dwelling if the Rent Restrictions Act, 1960 , and the Rent Restrictions (Amendment) Act, 1967 , had full force and effect at all times from their passing until such commencement, and

(b) who is in possession of the dwelling at such commencement, and

(c) whose tenancy is not a tenancy in respect of which an order for possession has been made under section 5 of the Rent Restrictions (Temporary Provisions) Act, 1981 .

(2) For the purposes of this Part, a person shall be deemed to be a member of the family of a tenant if—

(a) such person is the tenant's father, mother, grandfather, grandmother, step-father, step-mother, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, nephew, niece, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, uncle or aunt;

or

(b) such person is adopted by the tenant under the Adoption Acts, 1952 to 1976, or is the illegitimate offspring of the tenant (being the mother or the reputed father of such offspring) or is a person who was in bona fide residence with the tenant for not less than six years before the tenant's death where the tenant was in loco parentis to that person.

8. —(1) Subject to subsection (2), this Part applies to every dwelling which would, at the commencement of this Act, be a controlled dwelling within the meaning of the Rent Restrictions Acts, 1960 to 1981, if those Acts had full force and effect at such commencement, other than such a dwelling held at such commencement under a contract of tenancy for greater than from year to year during such period as it is so held.

(2) Sections 9 and 16 do not apply to—

(a) a dwelling let to a person in connection with his continuance in any office, appointment or employment,

or

(b) a dwelling let bona fide for the temporary convenience or to meet a temporary necessity of the landlord or the tenant.

(3) Where—

(a) the entitlement of a tenant to retain possession of a dwelling to which subsection (1) relates ceases to subsist, or

(b) the tenant of the dwelling assigns or sublets his tenancy, or

(c) the landlord of the dwelling recovers possession of the dwelling,

this Part shall cease to apply to the dwelling.

(4) Paragraphs (a) and (c) of subsection (3) shall not affect the entitlement of a tenant to compensation under section 15 .

9. — (1) Subject to the provisions of this Part, a person (in this section referred to as the original tenant) who, immediately before the commencement of this Act, was a tenant of a dwelling to which section 8 (1) relates (not being a dwelling referred to in section 8 (2)) shall be entitled to retain possession as the tenant of the dwelling and that entitlement shall subsist during the lifetime of that person.

(2) Subject to the provisions of this Part, a person being the spouse of the original tenant shall, upon the death of that tenant, if bona fide residing in the dwelling at the time of his death, be entitled to retain possession as the tenant of the dwelling and that entitlement shall subsist during the lifetime of the spouse.

(3) Subject to the provisions of this Part, a person being a member of the family of the original tenant shall—

(a) if that tenant dies within the relevant period, upon the death of that tenant, or

(b) where the spouse of that tenant has become the tenant by virtue of subsection (2) and dies within the relevant period, upon the death of the spouse,

if bona fide residing in the dwelling at such death, be entitled to retain possession as the tenant of the dwelling and that entitlement shall subsist during the period beginning on the date of such death and ending on the expiration of the relevant period.

(4) Subject to the provisions of this Part, where a member of the family of the original tenant becomes, by virtue of subsection (3) or this subsection, the tenant of the dwelling concerned and dies within the relevant period, a person being another member of that family shall, upon such death, if bona fide residing in the dwelling at such death, be entitled to retain possession as the tenant of the dwelling and that entitlement shall subsist during the period beginning on the date of such death and ending on the expiration of the relevant period.

(5) Where, in the circumstances described in subsection (3) or (4), more than one member of the original tenant's family was at the time of the relevant death bona fide residing in the dwelling, such one member of the family as may be agreed upon between them or, in default of agreement, as may be selected by the Court shall, subject to the provisions of this Part, be the person entitled to retain possession of the dwelling under this section.

(6) Notwithstanding subsections (3) and (4), where less than five years of the relevant period remain unexpired on the date that a member of the family of the original tenant becomes the tenant of a dwelling under this section, the entitlement of that member to retain possession of the dwelling shall subsist during the period beginning on that date and ending on the expiration of five years.

(7) In this section “relevant period” means the period of twenty years beginning on the commencement of this Act.

(8) Entitlement under this section to retain possession of a dwelling shall cease to subsist where possession of the dwelling is recovered by the landlord.

10. —(1) The tenant of a dwelling to which section 8 (1) relates may surrender the dwelling to the landlord on giving to the landlord not less than one month's notice in writing of his intention to surrender the dwelling.

(2) For the removal of any doubt, it is hereby declared that the surrender of a dwelling under subsection (1) shall, for the purposes of the Family Home Protection Act, 1976 , be taken to be a conveyance of an interest in the dwelling.

11. —(1) The terms of every tenancy of a dwelling to which section 8 (1) relates shall be such terms as are agreed between the landlord and the tenant or, in default of agreement, as shall be fixed by the Court.

(2) Whenever, after the commencement of this Act, the rent of a dwelling is increased by agreement between the landlord and the tenant or by the Court, the amount of the increase shall not be payable until—

(a) the terms of the tenancy have been set out in written form and signed by the landlord or his agent and a copy thereof has been furnished by the landlord to the tenant, and

(b) if regulations under section 24 are in force, the landlord has complied with the requirements of such regulations.

12. —(1) Subject to subsection (2), the landlord or the tenant of a dwelling to which section 8 (1) relates may at any time apply to the Court for an order fixing the terms of the tenancy and the Court may make such order as justice may require and such order shall be binding on the landlord and the tenant unless varied by a subsequent order of the Court.

(2) Where the Court has fixed the terms of a tenancy under subsection (1), the landlord or the tenant may not apply to the Court to fix new terms of the tenancy until the expiration of five years from the date of the last order of the Court fixing the terms of the tenancy.

(3) An application under this section may be made notwithstanding any agreement between the landlord and tenant fixing the terms of the tenancy, whether such agreement was entered into before or after the commencement of this Act.

(4) If any dispute, failure or question arises or occurs in the carrying out of an order under this section the Court may, on the application of the landlord or the tenant, make such order as justice may require.

(5) The landlord or tenant making an application under subsection (1) shall give one month's notice in writing to the other party of his intention to make the application.

(6) The landlord shall be liable for the tenant's costs and expenses reasonably and necessarily incurred arising out of an application by the landlord to the Court under this section unless the Court, on consideration of all the circumstances, including the means of the landlord and the tenant, otherwise orders.

13. —(1) Where the terms of a tenancy are fixed by the Court under section 12 , the rent of the dwelling shall be the gross rent reduced by an allowance for any improvements, and any such allowance shall be such proportion of the gross rent as is, in the opinion of the Court, attributable to the improvements.

(2) For the purposes of subsection (1), the gross rent shall be the rent which, in the opinion of the Court, would be a just and proper rent having regard to the nature, character and location of the dwelling, the other terms of the tenancy, the means of the landlord and the tenant, the date of purchase of the dwelling by the landlord and the amount paid by him therefor, the length of the tenant's occupancy of the dwelling and the number and ages of the tenant's family residing in the dwelling.

14. —(1) Where the terms of a tenancy are fixed by the Court under section 12 , the Court may, in respect of the period from the date of the service of notice of intention under subsection (5) of that section and the date of the order of the Court, order the landlord or the tenant, as the case may require, to pay to the other party an amount not exceeding the difference between the new rent fixed by the Court and the existing rent.

(2) The amount ordered by the Court to be paid under subsection (1) shall be paid in such manner and over such period as the Court may direct having regard to all the circumstances of the case.

15. —(1) The tenant of a dwelling to which section 8 (1) relates shall, upon quitting the dwelling, be entitled to be paid by the landlord compensation for improvements and the amount of the compensation shall be such sum as may be agreed between the landlord and the tenant or, in default of agreement, as shall be determined by the Court.

(2) Where compensation is determined by the Court the amount shall be the capitalised value of such addition to the letting value of the dwelling at the time of quitting which is attributable to the improvements, having regard to the probable life of the improvements and all other relevant circumstances.

(3) Where compensation for improvements is payable the Court may deduct from the compensation as ascertained under subsection (2) such sum as it considers reasonable—

(a) if the Court is satisfied that the tenant or his predecessors in title has received from the landlord benefits by way of reduction of rent or otherwise in consideration, expressly or impliedly, of the improvements having been made, or

(b) if an order for possession has been granted for a reason specified in section 16 (1) (a), (b) or (c), to compensate the landlord for any rent due or any loss incurred arising from the reasons for which the order for possession was granted.

(4) A tenant seeking compensation under this section shall serve a claim in writing on the landlord either before or after he has quit the dwelling concerned and shall give all particulars relevant to the claim, but a claim may not be served later than three months after such quitting.

(5) Compensation for improvements payable by a landlord under this section shall be payable in such manner and over such period as may be agreed between the landlord and the tenant or as the Court may direct.

(6) A tenant shall not be entitled to compensation under this section—

(a) in respect of improvements made in contravention of any obligation of the tenancy agreement under which the dwelling concerned was let unless the Court considers that, in the circumstances, the carrying out of the improvements was reasonable, or

(b) where compensation has been paid in respect of the dwelling under Part IV of the Act of 1980.

(7) Where compensation is paid under this section in respect of a dwelling, no right to compensation for improvements to that dwelling shall lie under Part IV of the Act of 1980.

16. —(1) Notwithstanding the right to retain possession under section 9 , the Court may, on the application of the landlord of a dwelling to which section 8 (1) relates (not being a dwelling referred to in section 8 (2)), grant an order for the recovery of possession of the dwelling if the Court considers it reasonable to make the order and—

(a) any rent lawfully due by the tenant has not been paid or any other obligation of the tenant under the tenancy has not been fulfilled by him, or

(b) any person (being the tenant or any person residing in the dwelling) has been guilty of conduct which the Court is satisfied is a nuisance or annoyance to the landlord or his agent or to adjoining occupiers or has used the dwelling or allowed it to be used for any immoral or illegal purpose (whether or not the person has been convicted of so using it or allowing it to be so used), or

(c) the condition of the dwelling has, in the opinion of the Court, deteriorated owing to acts of waste by, or the neglect or default of the tenant or any person residing in the dwelling, or

(d) the dwelling is bona fide required by the landlord—

(i) for occupation as a residence for himself or any person bona fide residing or to reside with him, or

(ii) for occupation as a residence for a person in the wholetime employment of the landlord, or

(iii) in the interests of good estate management, or

(e) the landlord requires vacant possession to carry out a scheme of development of property which includes the dwelling and has planning permission for the scheme,

and, as respects recovery of possession under paragraph (d) or (e), the landlord pays such sum as the Court considers reasonable to meet the expenses incurred by the tenant in quitting the dwelling, together with a sum not exceeding three years' rent of alternative accommodation which is reasonably suited to the residential and other needs of the tenant, his spouse and his family bona fide residing with him in the dwelling.

(2) The Court, in considering if it is reasonable to make an order for recovery of possession, shall have regard to the extent (if any) to which the conduct of the landlord contributed to the existence of the grounds upon which he relies in support of his application for recovery of possession.

(3) Nothing in this Part shall prevent a local authority from obtaining possession of a dwelling to which section 8 (1) relates which is reasonably required for the purpose of the execution of their powers, functions and duties.

(4) In this section—

“development” has the meaning assigned by section 3 of the Local Government (Planning and Development) Act, 1963 ;

“planning permission” means a permission for the development of land where required by and granted under Part IV of the Local Government (Planning and Development) Act, 1963 , and, where regulations under section 25 of that Act make provision for outline applications, includes a permission granted on such an application.

17. —(1) Notwithstanding anything in section 15 of the Summary Jurisdiction (Ireland) Act, 1851, every warrant for delivery of possession of, or to enter and give possession of, a dwelling to which section 8 (1) relates (not being a dwelling referred to in section 8 (2)) shall remain in force for six months from the day next after the last day named in the order for delivery of possession or, in the case of a warrant under that Act, 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 six months, direct.

(2) Section 15 of the said Act shall apply to such dwelling if the rateable valuation thereof does not exceed ten pounds, notwithstanding that the rent exceeds one pound by the month.

18. —(1) Where an order for the recovery of possession of a dwelling to which section 8 (1) relates is made by the Court or was so made before the commencement of this Act, the Court may, at the time of the order or at any time before the execution thereof, stay execution on the order or postpone the date of possession for such period or periods and subject to such conditions as the Court thinks fit, and if such conditions are complied with the Court may, if it thinks fit, discharge or vary the order.

(2) Where the Court, under subsection (1), stays execution on an order for the recovery of possession or postpones the date of possession, the Court may from time to time, on application which may in case of urgency be made ex parte, further stay execution on the order or further postpone the date of possession.

19. —Where it appears to the Court that an order for the recovery of possession of a dwelling to which section 8 (1) relates was obtained by the landlord by misrepresentation or concealment of material facts, the Court may order the landlord to pay to the former tenant such sum as the Court considers reasonable by way of compensation for damage or loss sustained by the tenant as a result of the order for possession.

20. —Where the landlord of a dwelling to which section 8 (1) relates institutes proceedings for the recovery of possession of the dwelling, the acceptance of any sum purporting to be rent by the landlord for the period from the date of the institution of the proceedings to the date on which they are finally determined shall not prejudice his right (if any) to recover possession of the dwelling and, if an order for possession is made, any such sum so accepted shall be treated as mesne profits.

21. —(1) The District Court shall have jurisdiction to hear and determine all issues arising under this Part.

(2) The jurisdiction of the Court shall be exercised by a justice of the District Court for the time being assigned to the district in which is situated the dwelling in relation to which the jurisdiction is exercised.

22. —Where the spouse of the original tenant becomes, under section 9 , the tenant of a dwelling, the interest of the spouse shall not, for the purposes of any enactments relating to settled land, be regarded as having been acquired under a settlement.

23. —(1) The Minister for Social Welfare may, with the consent of the Minister for Finance, make regulations for the payment out of moneys provided by the Oireachtas of allowances to the tenants of dwellings to which section 8 (1) relates who would otherwise suffer hardship by reason of increases in the rents of their dwellings.

(2) Entitlement to an allowance and the amount and the payment thereof shall be subject to such conditions and limitations as may be specified in the regulations.

(3) Subsections (2) and (3) of section 3 of the Social Welfare (Consolidation) Act, 1981 , shall have effect in relation to regulations under this section and the regulations may apply (with or without modification), or make provisions corresponding (with or without modification) to, any other provisions of, or any provisions made under, that Act.

(4) Any expenses incurred by the Minister for Social Welfare or any other Minister in carrying this section into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.