Rent Restrictions Act, 1946
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Revision of basic rents of promises to which section 14 applies. |
15.—(1) If, on an application to the Court under this subsection by the tenant of premises to which section 14 of this Act applies, the Court is satisfied— | |
(a) that, in the local financial year which includes the relevant date, there was in force, by virtue of any statute, a remission of two-thirds of the rates in respect of the premises or a reduction of the valuation of the premises for the purposes of the assessment and levying of rates, and | ||
(b) that at the date of the application such remission or reduction is no longer in force, and | ||
(c) that the basic rent of the premises exceeds the rent (in this subsection referred to as the notional rent) which, if the said remission or reduction had not been in force, the landlord might, at the relevant date, reasonably have expected under a contract of tenancy in the same terms as the contract of tenancy subsisting at the said date, assuming (if it was not the case) that the tenant was responsible for the rates, | ||
the basic rent of the premises shall be determined by the Court and shall be the amount which, in the opinion of the Court, represents the notional rent, and thenceforth the premises shall, without prejudice to the previous application thereto of paragraph (a) of section 23 of this Act, become premises to which section 16 of this Act applies as if such determination had been made under that section. | ||
(2) If, on an application to the Court under this subsection by the landlord of premises to which section 14 of this Act applies, the Court is satisfied— | ||
(a) that, in the local financial year immediately preceding the local financial year which includes the relevant date, there was in force, by virtue of any statute, a remission of two-thirds of the rates in respect of the premises or a reduction of the valuation of the premises for the purpose of the assessment and levying of rates, and | ||
(b) that, at the relevant date, such remission or reduction was no longer in force, and | ||
(c) that at the relevant date the landlord habitually paid or allowed a deduction or set-off against, or indemnified the tenant in respect of the rates or any part thereof, and | ||
(d) that the basic rent of the premises is less than the rent (in this subsection referred to as the notional rent) which, if the said remission or deduction had continued to be in force, the landlord might, at the relevant date, reasonably have expected under a contract of tenancy in the same terms as the contract of tenancy subsisting at the said date, assuming that the tenant was responsible for the rates, | ||
the basic rent of the premises shall be determined by the Court and shall be the amount which, in the opinion of the Court, represents the notional rent, and thenceforth the premises shall, without prejudice to the previous application thereto of paragraph (a) of section 23 of this Act, become premises to which section 16 of this Act applies as if such determination had been made under that section. | ||
(3) If, on an application to the Court under this subsection by the landlord or tenant of premises to which section 14 of this Act applies, the Court is satisfied that the basic rent of the premises either exceeds, or falls short of, by an amount exceeding one-fifth of the basic rent, the rent (in this subsection referred to as the notional rent) which, if the premises were premises to which section 16 of this Act applies, would be determined by the Court as the basic rent thereof, the basic rent of the premises shall be determined by the Court and shall be the amount which, in the opinion of the Court, represents the notional rent, and thenceforth the premises shall, without prejudice to the previous application thereto of paragraph (a) of section 23 of this Act, become premises to which section 16 of this Act applies as if such determination had been made under that section. |