Older Rent Control

Regulations may prescribe dwelling houses of a class or description for the purpose of the following provisions as to fitness and rent control where a dwelling house was constructed before 6 November 1956 or provided by conversion of a building that was constructed before that date which is not prescribed and in respect of which no certificate of fitness is in effect, a person who intends to let it under a private tenancy as a dwelling house may apply to the District Council to have it inspected to determine that it is fit for habitation.

Where an existing private premises has been let prior to the commencement of the legislation and no application has been made, the landlord must apply to have the dwelling house inspected to determine that it is fit for human habitation.

It is an offence for a landlord who is obliged to apply for a certificate of fitness to fail to do so. The landlord may make the application late.

The District Council is to serve a notice on the tenant entitling them to make representations as to whether the dwelling house is fit for habitation, and this information must be taken into account.

A tenant may apply to have a dwelling house constructed before the above date which is not a prescribed dwelling house and in respect of which a certificate of fitness is in effect. To have the dwelling house inspected, the Council is to serve notice on the landlord requesting them to make representations.

This Council is to cause the premises to be inspected in order to ascertain whether it is fit for human habitation. Where it is so satisfied, it is to issue a certificate of fitness. If it is not satisfied, it issues a notice of refusal giving details of the refusal and stating which works are necessary to make it fit for human habitation.

A landlord may appeal refusal to the County Court which may confirm, vary, or annul the order. It may order the Council to issue a certificate of fitness.

Protected tenancies and statutory tenancies are subject to rent control. A tenancy is subject to rent control if it is granted after the commencement of the order in respect of a pre-1956 dwelling house that does not meet the appropriate standards of fitness. It will fail to meet the appropriate standards of fitness if it is a prescribed dwelling house or if a certificate of unfitness is in effect in respect of it. A tenancy subject to rent control is termed a controlled tenancy.

A rent officer is to make a determination of the appropriate rent for the tenancy. The rent officer is to consider terms of the tenancy agreement other than rent, the general state and repair of the dwelling house, including notice of unfitness, rents where comparable let by the executive, the level of rent under housing benefits regulations and quantity, quality of furniture, etc.

Disrepair or defect is attributable to the tenant, and improvements carried out otherwise and in pursuance of the terms of the tenancy by the tenant are disregarded.

In determining the rent, the rent officer is to serve a notice on the landlord and tenant of the rent and the right to have the determination considered by a rent assessment committee. Within 14 days of service of notice, the landlord or tenant may request the matter to be considered by the rent assessment committee. If no appeal is made, the rent is to be registered.

The rent assessment committee considers determinations in relation to rent. The department may make regulations in relation to determination by rent assessment committees. The rent assessment committee may vary or confirm the determination.

Where there is a change in circumstances, making the registered rent no longer appropriate, either landlord or tenant may apply to the rent officer for a variation.

The rent officer must keep a register of rents. The appropriate rents of dwelling houses that are under control, tenancies are to be registered. The register is to be available for public inspection. It is to contain prescribed particulars in regards to the tenancy and dwelling house. Tenancies may be removed from the register of rents where they are no longer let.

The rent of a controlled tenancy of a dwelling house is not to exceed the rent limit. Where the rent is registered, the rent limit is the registered rent. In other cases, the rent limit is as prescribed by the rent order statutory instrument.

Where the rent for a rental period of a controlled tenancy is less than the rent limit, the amount may be increased to the rent limited by notice served by the landlord and the tenant. The notice is in a prescribed form.

Rent in excess of the rent limit is to be irrecoverable by the landlord. Wrong sums paid in excess of the rent limit may be recouped from the landlord, including by deduction of rent payable.

Where rent is registered in the register of rents, but the landlord has failed to have the dwelling house inspected in accordance with the above obligations (for pre-1956 houses) the tenant is entitled to recover from rent during the period of default the amount which would have applied as rent if the rent limited had applied.

Where a landlord has born rights in respect of control of protected tenancy, rates after the termination of the protected tenancy are recoverable from the tenant.

A rent officer is directed by the department is to conduct a review of registered rents with a view to determining whether they should be increased, the direction may require the rent officer to review the rent for all control tenancies or for controlled tenancies of a particular class or description. The rent officer, when conducting the review, shall take into account the general level of rents for dwellings let by the housing executive, cost of repairs, and other matters appearing relevant.

Protected tenancies are those subject to rent restrictions acts prior to 1978 and let as a separate dwelling. See also provisions of rent order.

No further private tenancies are to be protected tenancies under the rent order after the commencement of the 2006 legislation. No private tenancy is to be protected tenancy.

A protected tenancy or statutory tenancy shall not be capable of assignment without a court order. This may arise in the context of matrimonial or by way of court order proceedings.

If a whole of a dwelling house let on a statutory or protected tenancy is sublet, then the landlord shall be entitled to possession against a sub-tenant.