Housing (Private Rented Dwellings) Act, 1982
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Compensation for improvements. |
15.—(1) The tenant of a dwelling to which section 8 (1) relates shall, upon quitting the dwelling, be entitled to be paid by the landlord compensation for improvements and the amount of the compensation shall be such sum as may be agreed between the landlord and the tenant or, in default of agreement, as shall be determined by the Court. | |
(2) Where compensation is determined by the Court the amount shall be the capitalised value of such addition to the letting value of the dwelling at the time of quitting which is attributable to the improvements, having regard to the probable life of the improvements and all other relevant circumstances. | ||
(3) Where compensation for improvements is payable the Court may deduct from the compensation as ascertained under subsection (2) such sum as it considers reasonable— | ||
(a) if the Court is satisfied that the tenant or his predecessors in title has received from the landlord benefits by way of reduction of rent or otherwise in consideration, expressly or impliedly, of the improvements having been made, or | ||
(b) if an order for possession has been granted for a reason specified in section 16 (1) (a), (b) or (c), to compensate the landlord for any rent due or any loss incurred arising from the reasons for which the order for possession was granted. | ||
(4) A tenant seeking compensation under this section shall serve a claim in writing on the landlord either before or after he has quit the dwelling concerned and shall give all particulars relevant to the claim, but a claim may not be served later than three months after such quitting. | ||
(5) Compensation for improvements payable by a landlord under this section shall be payable in such manner and over such period as may be agreed between the landlord and the tenant or as the Court may direct. | ||
(6) A tenant shall not be entitled to compensation under this section— | ||
(a) in respect of improvements made in contravention of any obligation of the tenancy agreement under which the dwelling concerned was let unless the Court considers that, in the circumstances, the carrying out of the improvements was reasonable, or | ||
(b) where compensation has been paid in respect of the dwelling under Part IV of the Act of 1980. | ||
(7) Where compensation is paid under this section in respect of a dwelling, no right to compensation for improvements to that dwelling shall lie under Part IV of the Act of 1980. |