Costello, DeclanWednesday, 16 November 1960 |
Dáil Eireann Debate
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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.
Only by applying to the courts, if the premises are not in reasonable repair.
There are no other ways. There is no way other than by applying to the courts.
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...
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...
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...
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....
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...
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 ...
Of course not. He will pay them to leave. Some of them may die. He will not relet.
I do not know. I do not think we should hazard a guess. I think we should make the legislation quite clear.
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...
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.
Then I would urge the Parliamentary Secretary to bring in an amendment.
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...
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...
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...
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...
Why do that?
Why not stop at the words “in relation to the dwelling,”?
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?
I do not think it is.
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...
If he spends money on exceptional repairs he does not get an increase.
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...
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...
Yes.
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.
A lot of things should be done.
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...
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...
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