Rent Restrictions Act, 1946
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Application by landlord in relation to provisional order. |
31.—(1) The landlord of any premises in respect of which a provisional order has been made may, within three months after the service of a copy of the provisional order upon him, apply to the District Court to revoke, or modify the terms of the provisional order and thereupon the following provisions shall have effect:— | |
(a) if on the hearing of the application it appears to the Court that the premises are not small premises, the Court shall revoke the provisional order with effect retrospectively from the date of the making thereof; | ||
(b) in any other case, the Court may, as it thinks proper— | ||
(i) by order confirm the terms of the provisional order with or without modification, or | ||
(ii) revoke the provisional order and make such new order in relation to the premises as the circumstances may require; | ||
(c) if an order is made under paragraph (b) of this subsection, then, as on and from the making thereof and notwithstanding anything in any other provision of this Act,— | ||
(i) the said order shall have effect as the final determination of the District Court in respect of the matters to which the said order relates, | ||
(ii) the provisional order shall cease to be in force, and | ||
(iii) for the purpose of the application of section 20 of this Act the tenant shall be deemed to have entered into an agreement with the landlord to pay in respect of the premises a rent equal to the lawful rent of the premises as determined by the said order made under paragraph (b) of this subsection; | ||
(d) on the hearing of the application the Court may make an order for the payment, in such manner as the Court may direct, of any amount due by either party to the other in relation to the premises, whether on account of rent or under any provision of this Act. | ||
(2) The costs of the parties in an application under this section shall be in the discretion of the Court, but no costs shall be awarded against the tenant in any case in which it is proved that the existing rent was higher than the lawful rent. | ||
(3) If, on an appeal by the landlord to the Circuit Court against an order made by the District Court under this section, the Circuit Court certifies that having regard to all the circumstances of the case it is proper that the whole or a specified part of the amount for which the tenant is liable in respect of the costs of the appeal (including the tenant's own costs and the costs (if any) which, under the order of the Court, the tenant is liable to pay to the landlord) shall be defrayed out of State funds, the Minister shall defray out of moneys provided by the Oireachtas the amount of the costs in respect of which it has been so certified. |