Rent Restrictions Act, 1960
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Statutory tenancy. |
31.—(1) If an order for the recovery of possession of a controlled dwelling is refused by the Court on the ground that the tenant is entitled to retain possession of the dwelling by virtue of this Act, the Court shall make an order declaring that any tenancy of the tenant otherwise than by virtue of this Act has terminated, and when making any such order as aforesaid may make an order as to the payment by the tenant of any arrears of rent or any mesne rates. | |
(2) Where the interest of the tenant of a controlled dwelling terminates, either as the result of an order for possession or for any other reason, a subtenant to whom the dwelling or any part thereof has been lawfully sublet shall, subject to this Act, be entitled to retain possession of the dwelling and to hold from the landlord on the same terms as he would have held from the tenant if the tenancy of the tenant had not been terminated. | ||
(3) (a) Where a non-statutory tenant of a controlled dwelling dies leaving him surviving his wife or any member of his family who was bona fide residing with him at the time of his death and either— | ||
(i) in the case of an intestacy, the tenancy of the non-statutory tenant terminates before administration is granted in respect of his estate or during administration of his estate, or | ||
(ii) in any other case, the tenancy of the non-statutory tenant terminates while the executor is not in occupation of the dwelling, | ||
the following provisions shall have effect: | ||
(I) in case the non-statutory tenant leaves him surviving his wife, who was bona fide residing with him at the time of his death, she shall be entitled to retain possession of the dwelling under the same terms and conditions as the deceased non-statutory tenant; | ||
(II) in case the non-statutory tenant does not leave a wife who was bona fide residing with him at the time of his death, such member of his family who was bona fide residing with him at the time of his death or, where there is more than one such member, such one of them as may be agreed upon between them or as may be selected by the Court in default of agreement shall be entitled to retain possession as aforesaid. | ||
(b) Where a non-statutory tenant of a controlled dwelling, who is a woman, dies leaving her surviving her husband or any member of her family who was bona fide residing with her at the time of her death and either— | ||
(i) in the case of an intestacy, the tenancy of the non-statutory tenant terminates before administration is granted in respect of her estate or during administration of her estate, or | ||
(ii) in any other case, the tenancy of the non-statutory tenant terminates while the executor is not in occupation of the dwelling, | ||
subparagraphs (I) and (II) of paragraph (a) of this subsection shall have effect with respect to her husband and family as they have effect with respect to the wife and family of a non-statutory tenant who is a man. | ||
(4) On the death of the statutory tenant of a controlled dwelling the following provisions shall have effect: | ||
(a) in case the statutory tenant leaves him surviving his wife, who was bona fide residing with him at the time of his death, she shall be entitled to retain possession of the dwelling under the same terms and conditions as the deceased statutory tenant; | ||
(b) in case the statutory tenant does not leave a wife who was bona fide residing with him at the time of his death, such member of the statutory tenant's family who was bona fide residing with him at the time of his death or, where there is more than one such member, such one of them as may be agreed upon between them or as may be selected by the Court in default of agreement shall be entitled to retain possession as aforesaid; | ||
(c) in case the statutory tenant was a woman, paragraphs (a) and (b) of this subsection shall have effect with respect to her husband and family as they have effect with respect to the wife and family of a statutory tenant who is a man; | ||
(d) in any case to which none of the foregoing paragraphs applies, the interest of the statutory tenant shall determine at his death. | ||
(5) In construing the word “family” for the purposes of subsection (3) or subsection (4) of this section— | ||
(a) a person shall be taken as being included among the persons to whom the word refers if, but only if, such person is the tenant's father, mother, grandfather, grandmother, step-father, step-mother, father-in-law, mother-in-law, son-in-law, daughter-in-law, son, daughter, nephew, niece, grandson, granddaughter, step son, step-daughter, brother, sister, half-brother, half-sister, uncle or aunt; | ||
(b) a person adopted under the Adoption Act, 1952 , shall be considered the legitimate offspring of the adopter or adopters, | ||
(c) subject to the foregoing paragraph, an illegitimate person shall be considered the legitimate offspring of his mother and reputed father, and | ||
(d) unless the relevant bona fide residence with the tenant was a residence which began less than six years before the tenant's death, a person in loco parentis to another shall be considered the parent of that other. |