Rent Restrictions (Amendment) Act, 1967

• Permanent Page URL

Liability for repairs (weekly or monthly letting).

11.—(1) This section applies to a weekly or monthly letting of a controlled dwelling, being a dwelling in the case of which there has been a lawful addition by reference to section 10 (2) (b) of the Principal Act, other than any such letting in the contract for which there is, in accordance with section 114 of the Housing Act, 1966 , to be implied the condition and undertaking referred to in that section.

(2) Subject to the subsequent provisions of this section, there shall, in the case of a letting to which this section applies, be implied a covenant by the landlord—

(a) to keep in repair the structure (including flooring) of the dwelling, and

(b) to keep in repair (including keep painted) the exterior (including drains, gutters and external pipes, window frames and exterior doors) of the dwelling, and

(c) to keep in repair and proper working order the installations in the dwelling for the supply of water andgas, and for sanitation (including basins, sinks, baths and sanitary conveniences but not, except as aforesaid, fixtures, fittings and appliances for making use of the supply of water or gas), and

(d) where the dwelling is a room or flat, to keep the ceiling in repair.

(3) Where there is a covenant in writing under which the tenant is obliged to carry out any or all of the repairs mentioned in subsection (2) of this section, the landlord shall not be liable for those repairs.

(4) The covenant implied by this section (hereinafter referred to as the landlord's repairing covenant) shall not be construed as requiring the landlord—

(a) to carry out any works or repairs for which the tenant is liable by virtue of his duty to use the dwelling in a tenant-like manner, or would be so liable apart from any express covenant on his part,

(b) to rebuild or reinstate the dwelling in the case of destruction or damage by fire, or by tempest, flood, or other inevitable accident, or

(c) to keep in repair or maintain anything which the tenant is entitled to remove from the building.

(5) In determining the standard of repair required by the landlord's repairing covenant, regard shall be had to the age, condition, character, situation and prospective life of the dwelling.

(6) In any letting in which the landlord's repairing covenant is implied, there shall also be implied a covenant by the tenant that the landlord, or any person authorised by him in writing, may at reasonable times of the day, on giving twenty-four hours' notice in writing to the occupier, enter the dwelling for the purpose of viewing its condition and state of repair, and shall be afforded by the tenant all reasonable facilities for executing any repairs which the landlord is entitled to execute.

(7) Any covenant in writing under which the landlord or the tenant is required to carry out repairs other than those mentioned in subsection (2) of this section shall not be affected.

(8) So much of section 42 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 , as implies agreements with respect to good and substantial repair and condition of premises shall not apply to a letting to which this section applies.

(9) Neither paragraph (a) nor paragraph (c) of section 32 (4) of the Principal Act shall apply where the letting of the dwelling is a letting to which this section applies.