Rent Restrictions Act, 1946
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PART IV. Restrictions on Recovery of Possession of Controlled Premises. | ||
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Restrictions on landlord's right to possession of controlled premises. |
37.—(1) Subject to subsections (2) and (3) of this section, an order for the recovery of possession of controlled premises shall not be made unless the Court considers it reasonable to make the order and— | |
(a) any rent lawfully due from the tenant has not been paid, or any other obligation of the tenancy, whether under the contract of tenancy (so far as it is consistent with this Act) or under this Act, has been broken or not performed, or | ||
(b) any person (being the tenant, any individual residing with the tenant, or any of the tenant's lodgers or subtenants) has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the premises or allowing the premises to be used for an immoral or illegal purpose, or | ||
(c) the condition of the premises has, in the opinion of the Court, deteriorated owing to acts of waste by or the neglect or default of any such person, or | ||
(d) the tenant has given notice to quit, and in consequence of that notice the landlord has contracted to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of the Court, be seriously prejudiced if he could not obtain possession, or | ||
(e) in the case of a dwelling— | ||
(i) the dwelling is reasonably required by the landlord for occupation as a residence for himself or for any person bona fide residing or to reside with him, and either— | ||
(I) in the opinion of the Court greater hardship would, owing to the special circumstances of the case, be caused by refusing the order for possession than by granting it, or | ||
(II) the Court is satisfied that alternative accommodation, reasonably equivalent as regards rent and suitability in all respects, is available, or | ||
(ii) the dwelling is reasonably required by the landlord for occupation as a residence for some person in his whole time employment or in the whole time employment of some tenant from him, and the Court is satisfied that alternative accommodation, reasonably equivalent as regards rent and suitability in all respects, is available, or | ||
(f) in the case of business premises— | ||
(i) the premises are reasonably required by the landlord for the purpose of any business, trade or profession, or for the public service, and the Court is satisfied that alternative accommodation, reasonably equivalent as regards rent and suitability in all respects, is available, or | ||
(ii) possession of the premises is bona fide required for the purpose of a scheme of reconstruction or improvement which appears to the Court to be desirable in the public interest, or | ||
(g) the premises are reasonably required for the purpose of the execution of the duties, powers or requirements of a Minister of State or the Land Commission or the Commissioners of Public Works in Ireland or a local authority or statutory undertaker. | ||
(2) Nothing in subsection (1) of this section shall affect the right of the landlord to obtain an order against a tenant for the recovery of possession of any controlled premises where— | ||
(a) the tenant has sublet the premises, otherwise than for temporary convenience, to a subtenant, and | ||
(b) the subtenant or any person deriving title under him will be entitled to retain possession of the premises under this Act, notwithstanding the order against the tenant. | ||
(3) Nothing in subsection (1) of this section shall affect the operation of section 26 or section 34 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931). |