S.I. No. 115/1967:

RENT RESTRICTIONS ACTS, 1960 AND 1967 (FORMS) REGULATIONS, 1967

RENT RESTRICTIONS ACTS, 1960 AND 1967 (FORMS) REGULATIONS, 1967

CONTENTS

1. Short title.

2. Prescribing of forms.

3. Revocation of S.I. No. 270 of 1960.

SCHEDULE

Form No. 1 : Notice of Increase of Rent (for use where the only increases are in respect of increased rates and/or fresh expenditure on repairs or maintenance).

Form No. 2 : Notice of Variation of Rent (for use, either in connection with an increase or reduction of rent, in cases not covered by Form No. 1).

Form No. 3 : Notice of Agreed Basic Rent under Section 8 (1A) (c).

Form No. 4 : Notice of Increase of Rent (for use where basic rent is not known).

Form No. 5 : Notice of Confirmation of Provisional Order.

S.I. No. 115 of 1967.

RENT RESTRICTIONS ACTS, 1960 AND 1967 (FORMS) REGULATIONS, 1967

I, BRIAN LENIHAN, Minister for Justice, in exercise of the powers conferred on me by section 48 of the Rent Restrictions Act, 1960 (No. 42 of 1960), hereby make the following regulations :

1. These Regulations may be cited as the Rent Restrictions Acts, 1960 and 1967 (Forms) Regulations, 1967.

2. The forms set out in the Schedule to these Regulations are hereby prescribed for the purposes of the Rent Restrictions Acts, 1960 and 1967.

3. The Rent Restrictions Act, 1960 (Forms) Regulations, 1960 ( S.I. No. 270 of 1960 ), are hereby revoked.

SCHEDULE

FORM NO. 1

This form is for use where the only increases are in respect of rates and/or fresh expenditure on repairs or maintenance.

RENT RESTRICTIONS ACTS, 1960 AND 1967

NOTICE OF INCREASE OF RENT

Date....................................

To............................................................ 

TAKE NOTICE that on and from the........day of...................

(see Note A) the rent to be paid by you as tenant of the above-named dwelling will be the rent as calculated hereunder :

(N.B.--If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly or other appropriate rate).

*Delete if inapplicable.

Signed............................................................ .........................

Address............................................................ ......................

(See Notes on following page)

Notes

A. Seven clear days' notice must be given if the tenancy is a statutory tenancy, or if the rent claimed under this notice does not exceed the rent provided for in the tenancy agreement, or if the increase is based solely on an increase of the rates payable by the landlord. In any other circumstances, such length of notice must be given as would be necessary for a notice to quit (section 13 (4)).

B. The basic rent is the rent paid on 8th June, 1966 (by an occupying tenant under a contract of tenancy for a term not exceeding five years or under a statutory tenancy) or, if the landlord at that time paid the rates, that rent less the amount of the rates payable for the local financial year 1965/66 (section 7). The basic rent so arrived at may be revised by the Court in certain cases where the Court regards it as too high or too low. The Court may also revise it, in default of agreement, where the landlord, on 8th June, 1966, was the landlord of not more than six houses or self-contained flats having a total rateable valuation not exceeding (in case one at least of them is in the county borough of Dublin or the borough of Dún Laoghaire) £60 or (in any other case) £40 (section 8). No application may be made for the revision of a basic rent after the expiration of two years from the passing of the 1967 Act (section 4 (3) of that Act). Where there was no letting of the dwelling on 8th June, 1966, or the rent at that date is not known, the basic rent must be fixed by the Court (section 9).

C. A landlord is entitled to this lawful addition where he expends, during the year 1966 or any subsequent year, an amount exceeding one-fifth of the basic rent on putting the dwelling into a reasonable state of repair or on its maintenance (including painting and the keeping in repair and proper working order of the installations for the supply of water, gas and electricity and for sanitation). The lawful addition is 10% of the excess (section 10 (2) (g)). A lawful addition is not payable under this head where the landlord obtained a lawful addition in respect of the same expenditure before the passing of the 1967 Act (section 6 (4) of the 1967 Act).

Where all the controlled dwellings in a house benefit directly or indirectly from the expenditure, the lawful addition should be calculated as if the house were a dwelling having a basic rent equal to the aggregate of the basic rents of all the dwellings and should be apportioned among the dwellings in proportion to their respective rateable valuations (section 10 (4A)). The rateable valuation of a house may be apportioned for this purpose by the Court (section 49 (1)) or the Commissioner of Valuation (section 41).

D. The amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1958, as amended or extended by any subsequent enactment, must not be reckoned as part of any amount expended on repairs (section 10 (8)).

E. Unless otherwise stated, references to sections are to sections of the Rent Restrictions Act, 1960 .

Form No. 2

This form is for use, either in connection with an increase or reduction of rent, in cases not covered by Form No. 1.

RENT RESTRICTIONS ACTS, 1960 AND 1967

NOTICE OF VARIATION OF RENT

Date....................................

To............................................................ 

TAKE NOTICE that on and from the........day of...................

(see Note A) the rent to be paid by you as tenant of the above-named dwelling will be the rent as calculated hereunder :

(N.B.--If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly or other appropriate rate).

*Particulars must be sufficient to enable the tenant to ascertain whether the lawful addition is properly payable. Particulars need not be given where they have already been given in a previous notice.

Signed...................................................

Address ................................................

(See Notes on following page)

Notes

A. Seven clear days' notice must be given if the tenancy is a statutory tenancy, or if the rent claimed under this notice does not exceed the rent provided for in the tenancy agreement, or if the increase is based solely on an increase of the rates payable by the landlord. In any other circumstances, such length of notice must be given as would be necessary for a notice to quit (section 13 (4)).

B. The basic rent is the rent paid on 8th June, 1966 (by an occupying tenant under a contract of tenancy for a term not exceeding five years or under a statutory tenancy) or, if the landlord at that time paid the rates, that rent less the amount of the rates payable for the local financial year 1965/66 (section 7). The basic rent so arrived at may be revised by the Court in certain cases where the Court regards it as too high or too low. The Court may also revise it, in default of agreement, where the landlord, on 8th June, 1966, was the landlord of not more than six houses or self-contained flats having a total rateable valuation not exceeding (in case one at least of them is in the county borough of Dublin or the borough of Dún Laoghaire) £60 or (in any other case) £40 (section 8). No application may be made for the revision of a basic rent after the expiration of two years from the passing of the 1967 Act (section 4 (3) of that Act). Where there was no letting of the dwelling on 8th June, 1966, or the rent at that date is not known, the basic rent must be fixed by the Court (section 9).

C. The landlord is entitled to add 15% to the basic rent (subject to a minimum of 2/6d. a week) provided he spent certain sums on maintenance of the dwelling (including painting and the keeping in repair and proper working order of the installations for the supply of water, gas and electricity and for sanitation) (section 10 (2) (f)). These sums must exceed either--

(a) one-third of the basic rent during the three years ending on 8th June, 1966, or

(b) two-thirds of the basic rent during the six years ending on that date.

A landlord who owns over a hundred controlled dwellings and who spent a similar fraction of their aggregate rents on maintenance over the period mentioned is also authorised to make this lawful addition to the basic rent of each of the dwellings which he has let and for the repair of which he is liable.

D. A landlord is entitled to this lawful addition where he expends, during the year 1966 or any subsequent year, an amount exceeding one-fifth of the basic rent on putting the dwelling into a reasonable state of repair or on its maintenance (including painting and the keeping in repair and proper working order of the installations for the supply of water, gas and electricity and for sanitation). The lawful addition is 10% of the excess (section 10 (2) (g)). A lawful addition is not payable under this head where the landlord obtained a lawful addition in respect of the same expenditure before the passing of the 1967 Act (section 6 (4) of the 1967 Act).

Where all the controlled dwellings in a house benefit directly or indirectly from the expenditure, the lawful addition should be calculated as if the house were a dwelling having a basic rent equal to the aggregate of the basic rents of all the dwellings and should be apportioned among the dwellings in proportion to their respective rateable valuations (section 10 (4A)). The rateable valuation of a house may be apportioned for this purpose by the Court (section 49 (1)) or the Commissioner of Valuation (section 41).

E. See section 10 (1) of the 1960 Act, as amended, and paragraphs (c) and (d) of section 10 (2). Where all controlled dwellings in a house benefit directly or indirectly from the expenditure, the amount of the expenditure must be apportioned among the dwellings in proportion to their respective rateable valuations (section 10 (4)). The rateable valuation of a house may be apportioned for this purpose by the Court (section 49 (1)) or the Commissioner of Valuation (section 41).

F. The amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1958, as amended or extended by any subsequent enactment, must not be reckoned as part of any amount expended on improvements, structural alterations or repairs (section 10 (8)).

G. Unless otherwise stated, references to sections are to sections of the Rent Restrictions Act, 1960 .

Form No. 3

RENT RESTRICTIONS ACTS, 1960 AND 1967

NOTICE OF AGREED BASIC RENT UNDER SECTION 8 (1A) (c)

Date....................................

To............................................................ 

TAKE NOTICE that--

(1) the dwelling to which this notice relates is a *house (or *separate and self-contained flat) to which section 8 (1A) applies ;

(2) it was let on 8th June, 1966 ;

(3) I was then the landlord and have been the landlord continuously from that day ;

(4) the total number of controlled dwellings (being houses and/or separate and self-contained flats) of which I was landlord on 8th June, 1966, was not more than six and the total of their rateable valuations does not exceed

*£60 (in case one at least of them is in the county borough of Dublin or the borough of Dún Laoghaire) ;

*£40 (in any other case) ;

*Delete whichever is inapplicable.

(5) I have agreed with you that the basic rent of the dwelling to which this notice relates shall be £ s. d. per.......... (see Note A) ;

(6) accordingly, the rent to be paid by you as tenant of the dwelling shall, on and from the date of service of this notice, be the rent as calculated hereunder:

(N.B.--If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly or other appropriate rate).

†Particulars must be sufficient to enable the tenantto ascertain whether the lawful addition is properly payable. Particulars need not be given where they have already been given in a previous notice.

Signed...................................................

Address................................................

(See Notes on following page)

Notes

A. Section 8 (1A) (d) provides that either party to the agreement may within three months after the date of service of the notice apply to the District Court for an order altering the rent specified in the notice on the ground that he has, since that date, become aware of matters showing that the financial circumstances of the other party at the time of the agreement were substantially better than those by reference to which the agreement was reached.

B. The landlord is entitled to add 15% to the basic rent (subject to a minimum of 2/6d. a week) provided he spent certain sums on maintenance of the dwelling (including painting and the keeping in repair and proper working order of the installations for the supply of water, gas and electricity and for sanitation) (section 10 (2) (f)). These sums must exceed either--

(a) one-third of the basic rent during the three years ending on 8th June, 1966, or

(b) two-thirds of the basic rent during the six years ending on that date.

A landlord who owns over a hundred controlled dwellings and who spent a similar fraction of their aggregate rents on maintenance over the period mentioned is also authorised to make this lawful addition to the basic rent of each of the dwellings which he has let, and for the repair of which he is liable.

C. A landlord is entitled to this lawful addition where he expends, during the year 1966 or any subsequent year, an amount exceeding one-fifth of the basic rent on putting the dwelling into a reasonable state of repair or on its maintenance (including painting and the keeping in repair and proper working order of the installations for the supply of water, gas and electricity and for sanitation). The lawful addition is 10% of the excess (section 10 (2) (g)). A lawful addition is not payable under this head where the landlord obtained a lawful addition in respect of the same expenditure before the passing of the 1967 Act (section 6 (4) of the 1967 Act).

Where all the controlled dwellings in a house benefit directly or indirectly from the expenditure, the lawful addition should be calculated as if the house were a dwelling having a basic rent equal to the aggregate of the basic rents of all the dwellings and should be apportioned among the dwellings in proportion to their respective rateable valuations (section 10 (4A)). The rateable valuation of a house may be apportioned for this purpose by the Court (section 49 (1)) or the Commissioner of Valuation (section 41).

D. See section 10 (1) of the 1960 Act, as amended, and paragraphs (c) and (d) of section 10 (2). Where all controlled dwellings in a house benefit directly or indirectly from the expenditure, the amount of the expenditure must be apportioned among the dwellings in proportion to their respective rateable valuations (section 10 (4)). The rateable valuation of a house may be apportioned for this purpose by the Court (section 49 (1)) or the Commissioner of Valuation (section 41).

E. The amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1958, as amended or extended by any subsequent enactment, must not be reckoned as part of any amount expended on improvements, structural alterations or repairs (section 10 (8)).

F. Unless otherwise stated, reference to sections are to sections of the Rent Restrictions Act, 1960 .

Form No. 4

This Form is for use where the basic rent is not known.

RENT RESTRICTIONS ACTS, 1960 AND 1967

NOTICE OF INCREASE OF RENT

Date....................................

To.........................................

TAKE NOTICE that on and from the......day of..................

(see Note A) the rent to be paid by you as tenant of the above-named dwelling will, until varied by agreement or by the Court, be the rent as calculated hereunder :

(N.B.--If the rent is a weekly or monthly or less than a yearly rent the amounts specified as lawful additions must be calculated at a weekly, monthly or other appropriate rate).

*Particulars must be sufficient to enable the tenant to ascertain whether the lawful addition is properly payable. Particulars need not be given where they have already been given in a previous notice.

Signed...................................................

Address ................................................

(See Notes on following page)

Notes

A. Seven clear days' notice must be given if the tenancy is a statutory tenancy, or if the rent claimed under this notice does not exceed the rent provided for in the tenancy agreement, or if the increase is based solely on an increase of the rates payable by the landlord. In any other circumstances, such length of notice must be given as would be necessary for a notice to quit (section 13 (4)).

B. The landlord is entitled to add 15% to the basic rent (subject to a minimum of 2/6d. a week) provided he spent certain sums on maintenance of the dwelling (including painting and the keeping in repair and proper working order of the installations for the supply of water, gas and electricity and for sanitation) (section 10 (2) (f)). These sums must exceed either--

(a) one-third of the basic rent during the three years ending on 8th June, 1966, or

(b) two-thirds of the basic rent during the six years ending on that date

A landlord who owns over a hundred controlled dwellings and who spent a similar fraction of their aggregate rents on maintenance over the period mentioned is also authorised to make this lawful addition to the basic rent of each of the dwellings which he has let and for the repair of which he is liable.

C. A landlord is entitled to this lawful addition where he expends, during the year 1966 or any subsequent year, an amount exceeding one-fifth of the basic rent on putting the dwelling into a reasonable state of repair or on its maintenance (including painting and the keeping in repair and proper working order of the installations for the supply of water, gas and electricity and for sanitation). The lawful addition is 10% of the excess (section 10 (2) (g)). A lawful addition is not payable under this head where the landlord obtained a lawful addition in respect of the same expenditure before the passing of the 1967 Act (section 6 (4 of the 1967 Act).

Where all the controlled dwellings in a house benefit directly or indirectly from the expenditure, the lawful addition should be calculated as if the house were a dwelling having a basic rent equal to the aggregate of the basic rents of all the dwellings and should be apportioned among the dwellings in proportion to their respective rateable valuations (section 10 (4A)). The rateable valuation of a house may be apportioned for this purpose by the Court (section 49 (1)) or the Commissioner of Valuation (section 41).

D. The amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1958, as amended or extended by any subsequent enactment, must not be reckoned as part of any amount expended on improvements, structural alterations or repairs (section 10 (8)).

E. Unless otherwise stated, references to sections are to sections of the Rent Restrictions Act, 1960 .

FORM NO. 5

RENT RESTRICTIONS ACTS, 1960 AND 1967

NOTICE OF CONFIRMATION OF PROVISIONAL ORDER

............................................................ . (Tenant)

......................................................... (Landlord)

TAKE NOTICE that, under section 24 (2) of the Rent Restrictions Act, 1960 , the terms of the provisional order made on the.........day of........................... 19......, in respect of the dwelling............................................................  are deemed to have been confirmed by the District Court by order under section 23 (1) of that Act.

Signed...................................................

Justice of the District Court

District No.............

To............................................................ 

Notes

1. The rent to be paid will continue to be the amount (namely.....................) fixed by the provisional order. This rent may not be altered except by agreement or by a formal notice making such adjustments as the Act allows.

2. This notice should be served on the landlord and the tenant.

GIVEN under my Official Seal, this 11th day of May, 1967.

Brian Lenihan,

Minister for Justice.

EXPLANATORY NOTE

These regulations prescribe various forms for the purposes of the Rent Restrictions Acts, 1960 and 1967.