Rent Restrictions Act, 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. |