Costello, Declan

Wednesday, 16 November 1960

Dáil Eireann Debate
Vol. 184 No. 7

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Rent Restrictions (No. 2) Bill, 1960 [ Seanad ]: Second Stage.

No, there is nothing. The tenant would have to show it is not in reasonable repair but the landlord is entitled to the increase whether or not he does the repairs.More Button

Only by applying to the courts, if the premises are not in reasonable repair.More Button

There are no other ways. There is no way other than by applying to the courts.More Button

I want to say at the outset that I am strongly opposed to this Bill. The result of this measure which the Government are asking us to enact will be a considerable increase in the rents of all tenant...More Button

Then I misunderstood the query. I am taking the Bill as a whole. The Bill as a whole will introduce decontrol of all the small huckster shops in the city of Dublin and throughout the country. All t...More Button

As far as I remember—I speak subject to correction and I certainly shall look it up—the view was that a rent tribunal then would not be effective, but that did not close the door on it. Perhaps the P...More Button

Of a room or a flat in the decontrolled house. With all respect to the Parliamentary Secretary and his advisers, it is my humble view that a court would interpret that in a completely opposite sense....More Button

No. I am suggesting that some of the houses in Mountjoy Square carry a poor law valuation of over £30. As I interpret the Bill, if the owner can get all the tenants out he will then be in a position...More Button

Tenants die. An unscrupulous landlord, and there are such people as unscrupulous landlords, can refuse to relet. He can pay the tenants to leave the premises. I have known that to happen. There is ...More Button

Of course not. He will pay them to leave. Some of them may die. He will not relet.More Button

I do not know. I do not think we should hazard a guess. I think we should make the legislation quite clear.More Button

I know of houses with fewer tenants than three or four which fell vacant and the landlord has to relet under controlled rents. Under this Bill he will not relet. He will wait until he gets possession...More Button

All I am saying is that under this Bill, if the landlord can get possession of premises with a poor law valuation of over £30, he will be able to relet at any rent he likes.More Button

Then I would urge the Parliamentary Secretary to bring in an amendment.More Button

I have, but the question is how is the court likely to interpret this. It is stated that a dwelling is part of a house. The court is likely to say that the Act does not apply to the house and, there...More Button

I am not quite certain that would be the best way, but I am quite certain that the intention of the Government should be clearer than it is here. I was dealing with the proposed increase of 12½ per c...More Button

The subsection reads as follows: In the case of a dwelling with respect to which there has been, during a relevant period, an excess of expenditure such as is referred to in paragraph (g) of subsectio...More Button

Perfectly clear? There is a famous decision in the Law of Equity known as the “Rule in Shelley's case”. It is a complicated legal decision and a famous judge once said: “It is one thing to put the ru...More Button

Why do that?More Button

Why not stop at the words “in relation to the dwelling,”?More Button

If he gets the grant he is not getting the 12½ per cent. Why make an exception in favour of landlords who have got grants under the Housing (Miscellaneous Provisions) Act?More Button

I do not think it is.More Button

The Parliamentary Secretary may be right on that but I do not think he is and, in view of the fact that he and the Government have shown themselves so little concerned with the views of the Conroy Com...More Button

If he spends money on exceptional repairs he does not get an increase.More Button

Very handsome. Take the next door dwelling house where the landlord carries out repairs and he does not get any increase because the tenant is entitled to get the benefit of the housing grant but, und...More Button

Sorry, the tenant, not the landlord, but this Bill proposes to amend what was Section 48 in the 1946 Act by adding a new sub-clause which provides that an order may not be made, that is to say, an ord...More Button

Yes.More Button

Deputy Briscoe is a member of a local authority but not all local authorities act like archangels. There are premises which are not suitable, which are in bad repair and which are overcrowded.More Button

A lot of things should be done.More Button

Deputy Briscoe, I am afraid, thinks much too highly of human nature. These things escape notice and in the meantime, the tenants are in premises found not to be in proper repair and advantage could b...More Button

I do not think it is one which should be left in. There is another aspect of this Bill, a technical aspect, but I would ask the Parliamentary Secretary to investigate it. It concerns the position ar...More Button

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