Housing (Private Rented Dwellings) Act, 1982
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Recovery of possession. |
16.—(1) Notwithstanding the right to retain possession under section 9 , the Court may, on the application of the landlord of a dwelling to which section 8 (1) relates (not being a dwelling referred to in section 8 (2)), grant an order for the recovery of possession of the dwelling if the Court considers it reasonable to make the order and— | |
(a) any rent lawfully due by the tenant has not been paid or any other obligation of the tenant under the tenancy has not been fulfilled by him, or | ||
(b) any person (being the tenant or any person residing in the dwelling) has been guilty of conduct which the Court is satisfied is a nuisance or annoyance to the landlord or his agent or to adjoining occupiers or has used the dwelling or allowed it to be used for any immoral or illegal purpose (whether or not the person has been convicted of so using it or allowing it to be so used), or | ||
(c) the condition of the dwelling has, in the opinion of the Court, deteriorated owing to acts of waste by, or the neglect or default of the tenant or any person residing in the dwelling, or | ||
(d) the dwelling is bona fide required by the landlord— | ||
(i) for occupation as a residence for himself or any person bona fide residing or to reside with him, or | ||
(ii) for occupation as a residence for a person in the wholetime employment of the landlord, or | ||
(iii) in the interests of good estate management, or | ||
(e) the landlord requires vacant possession to carry out a scheme of development of property which includes the dwelling and has planning permission for the scheme, | ||
and, as respects recovery of possession under paragraph (d) or (e), the landlord pays such sum as the Court considers reasonable to meet the expenses incurred by the tenant in quitting the dwelling, together with a sum not exceeding three years' rent of alternative accommodation which is reasonably suited to the residential and other needs of the tenant, his spouse and his family bona fide residing with him in the dwelling. | ||
(2) The Court, in considering if it is reasonable to make an order for recovery of possession, shall have regard to the extent (if any) to which the conduct of the landlord contributed to the existence of the grounds upon which he relies in support of his application for recovery of possession. | ||
(3) Nothing in this Part shall prevent a local authority from obtaining possession of a dwelling to which section 8 (1) relates which is reasonably required for the purpose of the execution of their powers, functions and duties. | ||
(4) In this section— | ||
“development” has the meaning assigned by section 3 of the Local Government (Planning and Development) Act, 1963 ; | ||
“planning permission” means a permission for the development of land where required by and granted under Part IV of the Local Government (Planning and Development) Act, 1963 , and, where regulations under section 25 of that Act make provision for outline applications, includes a permission granted on such an application. |