Landlord and Tenant (Amendment) Act 1980

Set-off of compensation against rent, etc.

[1931, s. 36(2), (3)]

61

61. (1) Where compensation under this Part is payable by one person to another and money is due and owing to him by the latter under or in respect of the latter's lease or other interest in the premises, either person may set off, so far as may be, the one amount against the other.

(2) Where compensation under this Part is payable by one person to another and he claims that money is payable to him by the latter under or in respect of the latter's lease or other interest in the premises and the claim or the amount thereof is disputed or the amount of the claim is unliquidated, he may pay the amount of the compensation into Court, and thereupon the Court may, on the application of either party, make such order in relation to the amount paid into Court as justice may require and, in particular, may retain that amount or any part thereof until the validity of the claim or the amount thereof has been determined.

Annotations:

Editorial Notes:

E12

Compensation due under section may be reduced from gross amount of rent and other charges as provided (6.12.2004) by Residential Tenancies Act 2004 (27/2004), s. 119(1)(c), S.I. No. 750 of 2004.