Landlord and Tenant (Amendment) Act 1980

Application of Part II to dwellings decontrolled by Rent Restrictions (Amendment) Act, 1967.

[1967, No. 10, s. 13 in pt.]

15

15. (1) This Part also applies to a dwelling, being a house or a separate and self-contained flat, which immediately before the passing of the Rent Restrictions (Amendment) Act, 1967, was a controlled dwelling, the rateable valuation of which—

( a) if situate in the county borough of Dublin or the borough of Dún Laoghaire, exceeds £40 (if a house) or £30 (if a flat), and

( b) in any other case, exceeds £30 (if a house) or £20 (if a flat), and the letting of which was not—

(i) a letting made and expressed to be made for the temporary convenience of the landlord or of the tenant and (if made after the passing of the Act of 1931) stating the nature of the temporary convenience, or

(ii) a letting made for or dependent on the continuance of the tenant in any office, employment or appointment.

(2) This Part also applies to a dwelling, being a house having a rateable valuation exceeding £10, of which, after the passing of the Rent Restrictions (Amendment) Act, 1967, a bachelor or spinster over the age of 21 years and under the age of 65 years has become the tenant and which, immediately before he or she became the tenant, was a controlled dwelling.

(3) Where a dwelling to which subsection (1) refers was, immediately before the passing of the Rent Restrictions (Amendment) Act, 1967, held under a statutory tenancy, the tenant under that tenancy shall, from such passing, be deemed to hold the dwelling from the landlord under a tenancy having the same terms and conditions as the statutory tenancy except that the landlord may, by not less than three months' notice to quit (expiring on any day specified in that behalf in the notice) served on the tenant, determine the tenancy.

(4) Where a dwelling to which subsection (2) refers was, immediately before the time when the person referred to in that subsection became the tenant, held under a statutory tenancy, that person shall, from that time, be deemed to hold the dwelling from the landlord under a tenancy having the same terms and conditions as the statutory tenancy except that the landlord may, by not less than three months' notice to quit (expiring on any day specified in that behalf in the notice) served on the tenant, determine the tenancy.

(5) ( a) The application, by virtue of this section, of this Part to a dwelling shall cease upon the landlord's coming into possession of the dwelling.

( b) In paragraph ( a) “ possession” means actual possession, and a landlord shall not be deemed to have come into possession by reason only of a change of tenancy made with his consent.