Rent Restrictions Act, 1946
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Lawful additions to basic rent of controlled (1923 Act) premises. |
11.—(1) In subsection (2) of this section, the expression “the critical date” means— | |
(a) in the case of premises to which section 8 of this Act applies, the operative date, | ||
(b) in the case of premises to which section 9 of this Act applies, the date of the institution of the proceedings in which the basic rent of the premises is determined. | ||
(2) For the purposes of this Act, the sum mentioned in any paragraph of this subsection shall, in the case set out in that paragraph, be a lawful addition to the basic rent of controlled (1923 Act) premises:— | ||
(a) in case the landlord of the premises pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (as the case may be); | ||
(b) in case the landlord, on or after the critical date, expends any amount (excluding any amount expended on decoration or repairs) on the improvement or structural alteration of the premises, a sum equal to eight per cent. per annum of that amount; | ||
(c) in case the landlord, on or after the critical date, expends any amount on repairs to the premises which are wholly or mainly rendered necessary because of 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, a sum equal to eight per cent. per annum of that amount; | ||
(d) (i) in case the landlord is responsible for the whole of the repairs to the premises, an amount not exceeding one-twelfth part of the basic rent, | ||
(ii) in case the landlord is responsible for part only of the repairs, such lesser amount as may be agreed upon between the landlord and the tenant or as may, on the application of either of the said parties, be determined by the Court, or, in the absence of any such agreement or determination, an amount not exceeding one twenty-fourth part of the basic rent; | ||
(e) in the case of premises to which section 8 of this Act applies, if the landlord has, in the year 1922, expended an amount in excess of one-third of the standard rent, or has, during a period comprising the two years 1923 and 1924, or 1925 and 1926, or 1927 and 1928, expended an amount in excess of two-thirds of the standard rent, on putting the premises into a reasonable state of repair, a sum equal to fifteen per cent. per annum of such excess or excesses of expenditure; | ||
(f) in the case of premises to which section 8 of this Act applies, if the landlord has, after the 4th day of August, 1914, and before the critical date, expended any amount on the improvement or structural alteration of the premises (but not including therein any amount expended on decoration or repairs) a sum equal to eight per cent. per annum of that amount; | ||
(g) in case the landlord, during a period comprising the two years 1945 and 1946, or 1946 and 1947, or 1947 and 1948, or 1948 and 1949, or 1949 and 1950, expends an amount in excess of two-thirds of the basic rent of the premises on putting the premises into a reasonable state of repair, a sum equal to fifteen per cent. per annum of such excess or excesses of expenditure. | ||
(3) For the purposes of subsection (2) of this section, the amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1944, as amended or extended by any subsequent enactment, shall not be reckoned as part of any amount expended on any improvement, structural alteration or repairs to which that subsection applies. | ||
(4) In the application of this Chapter to a small dwelling, within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), the following provisions shall have effect: | ||
(a) the word “rates” in paragraph (a) of subsection (2) of this section shall not include a rate made by virtue of the last-mentioned Act on the owner of such small dwelling, and | ||
(b) the amount by which the rent of such small dwelling is increased by virtue of section 6 of the last-mentioned Act shall be taken into account as a lawful addition in calculating the lawful rent of such small dwelling, |