Rent Restrictions Act, 1946
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Reduction of rent owing to default of landlord in keeping premises in repair. |
22.—(1) The tenant or the sanitary authority may at any time apply to the Court on notice to the landlord for an order reducing the rent of any controlled (1923 Act) premises on the ground that the premises are not in all respects in good and tenantable repair. | |
(2) Where an application is made under this section the Court, on being satisfied that the premises to which the application relates are not in all respects in good and tenantable repair and on being further satisfied that the condition of the premises is wholly or mainly due to the failure of the landlord to carry out such repairs as he is by virtue of any covenant, agreement, or otherwise by operation of law (including this Act) bound to carry out, may order that the rent to be paid for the premises be reduced by such amount, not exceeding twenty per cent. of the lawful rent, as the Court thinks proper. | ||
(3) In any application under this section, a certificate of the sanitary authority that the premises to which the application relates are not in all respects in good and tenantable repair shall be prima facie evidence of the facts so certified. | ||
(4) Where an order is made under subsection (2) of this section, the following provisions shall have effect:— | ||
(a) the order shall remain in force unless and until the Court, on the application of the landlord, being satisfied that all repairs, the neglect to carry out which was the ground for the making of the order, have been carried out, makes an order terminating the reduction; | ||
(b) if, on such application, the Court is satisfied that such repairs have wholly or mainly been rendered necessary by the persistent neglect or default of the landlord, the Court may, notwithstanding anything contained in this Act, order that the said reduced rent, or such other amount, not being less than eighty per cent. of the lawful rent, as the Court shall determine, shall be and continue to be the rent to be paid for the premises for such time as the Court thinks proper. | ||
(5) On any application to a sanitary authority for a certificate for the purposes of this section a fee of five shillings shall be payable but on an application made to the Court under this section the Court may order that the tenant shall be entitled to deduct the fee from any subsequent payment of rent. | ||
(6) Where on the operative date proceedings are pending under subsection (2) of section 8 of the Act of 1923, the proceedings shall continue and shall be treated as if they were proceedings under subsection (1) of this section. | ||
(7) In this section the expression “sanitary authority” means the sanitary authority under the Public Health Acts, 1878 to 1931. |