Rent Restrictions (Amendment) Act, 1954

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Number 2 of 1954.

RENT RESTRICTIONS (AMENDMENT) ACT, 1954.

ARRANGEMENT OF SECTIONS

Number 2 of 1954.

RENT RESTRICTIONS (AMENDMENT) ACT, 1954.

AN ACT TO PROVIDE FOR THE APPORTIONMENT OF RENT UNDER PART III OF THE RENT RESTRICTIONS ACT, 1946 , AND FOR OTHER PURPOSES CONNECTED THEREWITH. [25th February, 1954.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

The Act of 1946.

1.—In this Act “the Act of 1946” means the Rent Restrictions Act, 1946 (No. 4 of 1946).

Apportionment of rent by District Justice.

2.—(1) If, in the case of an application referred to a District Justice under section 28 of the Act of 1946, it appears to the Justice that the rent of the dwelling includes payments for any of the matters referred to in paragraph (f) of subsection (2) of section 3 of that Act, the Justice may by the provisional order provisionally apportion the rent for the purposes of that Act.

(2) Accordingly, references to “the Court” in paragraph (f) of subsection (2) of section 3 of the Act of 1946 shall include references to the District Justice dealing with an application under section 28 of that Act.

(3) Subsections (1) and (2) of this section shall be deemed to have come into operation on, and shall have effect as on and from, the commencement of Part III of the Act of 1946.

(4) This section shall not operate to validate any provisional order which has been quashed by order of certiorari made absolute before the passing of this Act.

Procedure on certain applications under section 28 of Act of 1946.

3.—Where, before the passing of this Act—

(a) the tenant of any premises made an application under section 28 of the Act of 1946, and

(b) on such application, the District Justice purported to make a provisional order in relation to the premises, and

(c) that order was quashed by absolute order of certiorari, the appropriate District Justice shall proceed with the application.

Recovery of arrears of rent in certain cases.

4.—(1) Where a provisional order relating to any premises was quashed by order of certiorari made absolute before the passing of this Act and any arrears of rent are due in respect of the premises which would not be due if such provisional order were valid, the provisions of this section shall have effect.

(2) Where judgment is given by the court for payment of any sum of money in respect of such arrears or for possession because of such arrears and the court is satisfied that it is reasonable to do so, the court may stay the execution of the judgment for such time and upon such conditions as the court thinks proper.

(3) Such conditions may include a condition that the said sum and costs shall be paid by the debtor by such instalments and at such times as the court may appoint and, from time to time, the court may vary the said conditions, whether or not circumstances have arisen whereby the stay of execution upon the judgment may have ceased, and impose a further stay upon the execution thereof.

(4) No order or warrant of execution shall issue on breach of any condition upon which execution of judgment has been stayed under this section except by order of the court made on notice to the tenant after such breach.

(5) In this section “judgment” includes order and decree.

Short title, collective citation and construction.

5.—(1) This Act may be cited as the Rent Restrictions (Amendment) Act, 1954.

(2) The Rent Restrictions Acts, 1946 to 1953, and this Act may be cited together as the Rent Restrictions Acts, 1946 to 1954.

(3) The Rent Restrictions Acts, 1946 to 1953, and this Act shall be construed together as one Act.