Housing (Miscellaneous Provisions) Act, 1992
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —(1) In this Act, unless the context otherwise requires—
“the Act of 1979” means the Housing (Miscellaneous Provisions) Act, 1979 ;
“the Act of 1988” means the Housing Act, 1988 ;
“functions” includes powers and duties;
“house” includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith and “housing” shall be construed accordingly;
“housing authority” has the meaning assigned to it by section 23 ;
“the Housing Finance Agency plc” means the company formerly known as the Housing Finance Agency which was established under section 2 of the Housing Finance Agency Act, 1981 ;
“improvement works” has the meaning assigned to it by section 1(1) of the Act of 1979;
“local authority” has the meaning assigned to it by the Local Government Act, 1941 ;
“the Minister” means the Minister for the Environment;
“prescribed” means prescribed by regulations made by the Minister;
“the Principal Act” means the Housing Act, 1966 ;
“shared ownership lease” has the meaning assigned to it by section 2 .
(2) In this Act, a reference to a section is to a section of this Act and a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other enactment or provision, as may be appropriate, is intended.
(3) A reference in this Act to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).
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paragraphs: —(1) Notwithstanding the provisions of the Landlord and Tenant (Ground Rents) Act, 1978 , a person (including a housing authority) may grant a shared ownership lease of a house (in this Act referred to as a “shared ownership lease”), being a lease—
(a) granted for a term of more than 20 years but less than 100 years,
(b) granted on payment to the lessor of a sum of money being not less than 25 per cent, and not more than 75 per cent, of the market value of the house, and
(c) which provides for the right of the lessee to purchase, in one or more transactions, the interest of the lessor in the demised house at a consideration determined in accordance with the provisions of the lease.
(2) No rule of law relating to perpetuities shall apply to or render void or ineffective or in any way whatsoever invalidate any option of whatsoever nature contained in any shared ownership lease granted by virtue of this section and whereby the lessee shall be entitled or may be required to acquire the interest of the lessor in the demised house notwithstanding that such option may be capable of being exercised, or may be expressed to be exercisable only, after the expiration of the period otherwise permitted by such rule.
(3) Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , shall not apply to a person in relation to a house held by him under a shared ownership lease.
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paragraphs: —(1) The granting of a shared ownership lease by a housing authority of a house provided by them under section 56 of the Principal Act shall be subject to such regulations as may be made by the Minister for the purposes of this section.
(2) Every shared ownership lease granted by a housing authority and every assurance of the authority's interest in accordance with such a lease shall be expressed and shall operate to vest, on the date specified therein, the interest so specified, subject to such terms and conditions as may be so specified.
(3) Where a housing authority have granted a shared ownership lease, then, subject to such regulations as may be made by the Minister, the authority may charge a rent or other payment for the tenancy or occupation of the house concerned.
(4) Where a loan, being a loan made otherwise than by a housing authority, to enable a lessee to make a payment in respect of a shared ownership lease granted by a housing authority is secured by way of mortgage, the authority may enter into and carry out an agreement with the mortgagee.
(5) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:
(a) the form and terms of a shared ownership lease;
(b) the class or classes of houses in respect of which a shared ownership lease may be granted;
(c) the class or classes of persons to whom a shared ownership lease may be granted;
(d) requirements in relation to the financial and family circumstances of persons to whom a shared ownership lease may be granted;
(e) requirements in relation to the occupation and maintenance of a house;
(f) requirements in relation to the floor area of a house, measured in such manner as may, from time to time, be determined by the Minister;
(g) requirements in relation to standards of construction, works and repair and the availability in a house of water, sewerage and other services;
(h) the determination of the sum of money payable by the lessee in respect of the grant of a shared ownership lease and of the rent reserved under the lease;
(i) the purchase by the lessee of the interest of the housing authority in a house and the determination of the sums of money payable therefor;
(j) the form and terms of an agreement under subsection (4);
(k) prohibiting the disposal, mortgaging, charging or alienation of a house, otherwise than by devise or operation of law, save with the consent of the housing authority.
(6) Where a housing authority are, by virtue of section 23 of the Registration of Title Act, 1964 , required to register the ownership of a house in respect of which a shared ownership lease is granted by them, section 25 of that Act shall apply as if the reference to six months in the said section 25 were a reference to eighteen months.
(7) Where a written report on the value of a house and any factors likely to affect its value is furnished by a housing authority in connection with the making of a loan by a building society to enable a lessee to make a payment in respect of a shared ownership lease, the authority may be deemed to be a person competent to value and not disqualified from making a report for the purposes of section 25 (1) (c) of the Building Societies Act, 1989 .
(8) (a) The following provisions shall not apply in relation to the granting of a shared ownership lease by a housing authority, that is to say:
(i) section 83 of the Local Government Act, 1946 ;
(ii) section 88 of the Principal Act;
(iii) section 90 of the Principal Act (as amended by this Act), except as may be provided for in regulations made under that section.
(b) The following provisions shall not apply in relation to a house during a period it is leased under a shared ownership lease by a housing authority, that is to say:
(i) section 58 of the Principal Act;
(ii) section 26 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 .
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paragraphs: —(1) Subject to such regulations as may be made by the Minister for the purposes of this section—
(a) a housing authority may pay a subsidy towards the rent of a house leased to a person under a shared ownership lease, and
(b) the Minister may, with the consent of the Minister for Finance, out of moneys provided by the Oireachtas—
(i) pay a subsidy to a housing authority towards the rent of a house leased to a person under a shared ownership lease by the authority,
(ii) recoup to a housing authority all or part of a subsidy paid by the authority under paragraph (a).
(2) Where a subsidy is paid under subsection (1), the amount of the rent reserved under the lease shall be reduced by an amount equal to the amount of the subsidy.
(3) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:
(a) the amount of the subsidy and the manner of its determination;
(b) the amount or proportion of the subsidy that may be recouped by the Minister;
(c) the class or classes of houses in respect of which the subsidy may be paid;
(d) the class or classes of persons or households in respect of which the subsidy may be paid;
(e) requirements in relation to the financial and family circumstances of persons occupying a house in respect of which the subsidy may be paid;
(f) requirements in relation to the occupation and maintenance of a house in respect of which the subsidy may be paid;
(g) requirements in relation to the floor area of a house in respect of which the subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister;
(h) requirements in relation to standards of construction, works and repair and the availability in a house, in respect of which the subsidy may be paid, of water, sewerage and other services;
(i) the manner in and time within which an application for the subsidy shall be made;
(j) the conditions under which the subsidy may be paid;
(k) requirements in relation to the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of a house concerned.
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paragraphs: —(1) Subject to this section and in accordance with such terms and conditions as may, from time to time, be determined for the purposes of this section by the Minister with the consent of the Minister for Finance, a housing authority may with the consent of the owner carry out, or arrange to have carried out, works of improvement or adaptation to a house not owned by them for one or more of the following purposes:
(a) rendering the house fit for human habitation;
(b) relieving overcrowding;
(c) rendering the house more suitable for the accommodation of occupants of the house.
(2) A housing authority may exercise their functions under subsection (1) in relation to any house intended to be occupied by a person—
(a) who—
(i) has been included in the most recent assessment made by the authority under section 9 of the Act of 1988, or
(ii) has been accepted by the authority, after the making of that assessment, for inclusion in the next such assessment,
but only if by exercising those functions the authority are satisfied that the person's need for accommodation will be obviated and that accordingly the person can be removed by the authority from the assessment so made or need not be included in the next such assessment, as the case may be, or
(b) who is in occupation of a house which was provided or which is or was owned by a housing authority and the authority exercising their functions under this section are satisfied that he will provide them or another housing authority with vacant possession of it by surrendering the tenancy or by conveying it with or without compensation.
(3) The Minister may, with the consent of the Minister for Finance, recoup to a housing authority, out of moneys provided by the Oireachtas, some or all of the expenses incurred by the authority in improving or adapting a house by virtue of this section.
(4) A housing authority may in respect of a house enter into and carry out an agreement or agreements with either or both the person to whom subsection (2) relates and the owner of the house for the carrying out of works under this section.
(5) Where an agreement under subsection (4) between a housing authority and the owner relating to expenses incurred by the authority in respect of the house under this section provides for the recovery by the authority of all or a portion of such expenses, the authority may make an order charging the house with the amount of the expenses to be so recovered.
(6) An order under subsection (5) shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts, 1881 to 1911, and the authority shall be the mortgagee for the purposes of those Acts and shall accordingly have, in relation to every such order, all the powers conferred by those Acts on mortagees under mortgages made by deed.
(7) Where a housing authority make an order under subsection (5), they shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as the case may require.
(8) An order under subsection (5) affecting land which is registered land within the meaning of the Registration of Title Act, 1964 , shall be registrable as a burden affecting such land whether the person named in such order as the owner of the land is or is not registered under the said Act as the owner of such land.
(9) A housing authority may make a periodic or other charge in respect of works carried out under this section.
(10) Any sum due to a housing authority by any person pursuant to an agreement in relation to works carried out under this section may, without prejudice to any other power in that behalf, be recovered by the authority from that person as a simple contract debt in any court of competent jurisdiction.
(11) The terms and conditions determined by the Minister under subsection (1) may—
(a) provide for such matters as he considers necessary for the purpose of giving effect to this section, and
(b) make different provisions in relation to—
(i) houses occupied under different tenures, or
(ii) persons or houses of different classes.
(12) Where a house is being conveyed to a housing authority under this section—
(a) the expenses of such conveyance may be paid in whole or in part by the authority;
(b) in case the house is one in respect of which a subsidy has been paid under section 11 of the Act of 1979, the person conveying the house shall not be required to refund the subsidy, notwithstanding anything to the contrary contained in a transfer order under section 90 of the Principal Act.
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paragraphs: —(1) A housing authority may, on such terms and conditions (including conditions requiring the giving of undertakings) as they think fit, assist—
(a) another housing authority, including the corporation of a borough, the council of an urban district and the commissioners of a town, or
(b) a body standing approved of for the purposes of this section,
in respect of the provision (whether provided by erection, purchase, improvement or conversion works) or management by the other authority or body of housing accommodation, or in respect of other matters in relation to housing.
(2) Assistance under subsection (1) may be given in one or more of the following ways—
(a) by a loan;
(b) by a periodic contribution to the funds of the other authority or body;
(c) by a guarantee of sums owed by the other authority or body in respect of borrowings;
(d) by a grant;
(e) by a subsidy towards, or the remission in whole or in part of, loan charges incurred by the other authority or body;
(f) by a contribution in kind, whether by way of materials or labour or any other service.
(3) A guarantee under this section may be given by the housing authority either alone or jointly with any other person or persons (including a housing authority).
(4) Where a housing authority have under this section assisted another housing authority or a body and, as a condition of providing such assistance, have been given an undertaking which has not been complied with, the following provisions shall have effect:
(a) the authority or body who received the assistance shall be liable to repay such amount as may be determined by the authority who provided the assistance, and
(b) the amount shall, without prejudice to any other power in that behalf, be recoverable by the authority who provided the assistance from the authority or body who received it as a simple contract debt in any court of competent jurisdiction.
(5) Where the terms and conditions of assistance under this section enable the assistance to be secured by mortgage, the housing authority may, for the purpose of securing the assistance, enter into and carry out an agreement with any other mortgagee.
(6) (a) Subject to paragraph (b), a body may be approved of for the purposes of this section by the Minister with or without conditions.
(b) The Minister may, by order, as respects their functional area, delegate to a housing authority or to housing authorities of a particular class or classes his functions under paragraph (a).
(c) An order under paragraph (b) may specify matters to which a housing authority shall have regard in deciding whether to approve of a body.
(d) The Minister may by order amend or revoke an order made under this subsection, including an order made under this paragraph.
(e) The power to approve of a body for the purposes of this section shall be construed as including the power to amend the terms of such approval or to withdraw such approval.
(f) A housing authority may not amend the terms of or withdraw an approval granted by the Minister, or deemed under subsection (7) to have been so granted, except with the consent of the Minister.
(7) A body standing approved of by the Minister under section 5 of the Act of 1988 at the commencement of this section shall be deemed to have been approved of under paragraph (a) of subsection (6).
(8) The determination of the terms and conditions under which assistance under this section is provided shall be a reserved function.
(9) Where a housing authority have assisted a body under section 12 of the Principal Act in the provision of housing accommodation, the Minister may, with the consent of the Minister for Finance, recoup out of moneys provided by the Oireachtas all or part of such assistance.
(10) Any reference to section 5 of the Act of 1988 in sections 10 and 15 of that Act, in section 28 of the Building Societies Act, 1989 , or in regulations made under the Housing Acts, 1966 to 1992, shall be construed as a reference to this section.
(11) In this section “housing accommodation” includes sites for caravans within the meaning of section 13 of the Act of 1988.
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paragraphs: —(1) Subject to such regulations as may be made by the Minister for the purposes of this section—
(a) a housing authority may pay a subsidy towards the rent of a house provided (whether provided by erection, purchase, improvement or conversion) by a body approved of for the purposes of section 6 , and
(b) the Minister may, with the consent of the Minister for Finance, recoup to a housing authority, out of moneys provided by the Oireachtas, all or part of a subsidy paid by them under paragraph (a).
(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:
(a) the amount of the subsidy and the manner of its determination;
(b) the amount or proportion of the subsidy that may be recouped by the Minister;
(c) the class or classes of houses in respect of which the subsidy may be paid;
(d) the class or classes of persons or households in respect of which the subsidy may be paid;
(e) requirements in relation to the financial and family circumstances of persons occupying a house in respect of which the subsidy may be paid;
(f) requirements in relation to the occupation and maintenance of a house in respect of which the subsidy may be paid;
(g) requirements in relation to the floor area of a house in respect of which the subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister;
(h) requirements in relation to standards of construction, works and repair and the availability in a house, in respect of which the subsidy may be paid, of water, sewerage and other services;
(i) the manner in and time within which an application for the subsidy shall be made;
(j) the manner of payment of the subsidy to the body providing the house and the conditions under which it is so paid to that body;
(k) the payment of the subsidy, on behalf of a body to whom it is payable under subsection (1), to a person who has made a loan towards the provision of the house, or who has provided funds to a housing authority for the purpose of making such a loan, and the conditions under which it is so paid to that person;
(l) requirements in relation to the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of a house concerned.
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paragraphs: —Stamp duty shall not be chargeable on any instrument giving effect to the conveyance, transfer or lease of a house, building or land by or to a housing authority in connection with any of their functions under the Housing Acts, 1966 to 1992.
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paragraphs: —(1) (a) A housing authority shall, within one year of the commencement of this section, draw up and adopt a written statement of their policy (in this section referred to as a “policy under this section”) for the effective performance of their functions under section 58(1) of the Principal Act.
(b) A housing authority may, from time to time as they think fit, review their policy under this section and make in it any amendments, or draw up and adopt a new written statement of their policy, as they consider proper.
(c) In drawing up and adopting or amending a policy under this section a housing authority shall have regard to such matters as the Minister may from time to time direct.
(2) Notwithstanding section 58 of the Principal Act and subject to such regulations as may be made by the Minister for the purposes of this section, a housing authority may delegate to a designated body all or any one or more of their functions (including maintenance) in respect of the management and control of any specified dwellings of which the authority are the owner.
(3) A delegation by a housing authority under subsection (2)—
(a) shall specify—
(i) the designated body for the purposes of the delegation,
(ii) the functions being delegated to the designated body, and
(iii) the dwellings to which the delegation applies,
and
(b) may include provisions relating to all or any one or more of the following:
(i) arrangements in relation to the carrying out of works of maintenance, repair or environmental improvement, or ancillary works;
(ii) assistance by the housing authority to the designated body whether of a financial or other nature;
(iii) the collection by the designated body of rent due to the housing authority;
(iv) the assignment by the housing authority to the designated body of all or part of the proceeds of rent payable in relation to dwellings specified in the delegation and the conditions governing such assignment;
(v) the rights of the authority to inspect any book or other document or any other record (whether legible or in a machine readable form) of the designated body;
(vi) any other related or incidental matters which the housing authority consider appropriate.
(4) Regulations under this section may, in particular, but withoutprejudice to the generality of subsection (2), make provision in relation to all or any one or more of the following:
(a) the constitution and composition of a designated body;
(b) the procedures of a designated body;
(c) the terms and conditions of a delegation;
(d) the form of an agreement between a housing authority and a designated body in relation to a delegation;
(e) the class or classes of dwellings in respect of which a delegation may be made;
(f) the monitoring by a housing authority of activities being carried out by a designated body under a delegation, including the inspection by the authority of dwellings;
(g) the provision by a designated body of periodic reports and accounts on its activities to a housing authority;
(h) the auditing of the annual accounts of a designated body.
(5) A housing authority may, at their discretion, revoke a delegation under this section whereupon the functions which had been delegated shall again be vested in and exercised by the authority with effect from a date specified in the resolution revoking the delegation.
(6) The delegation of a function to a designated body or the revocation of any such delegation and the adoption of a policy under this section or an amendment to such a policy shall be reserved functions.
(7) In this section—
“designated body” means an association, council, committee or other body whether corporate or unincorporate, which is—
(a) (i) established by and represents residents of an area within which are located dwellings that are to be the subject of a delegation under this section, or
(ii) established jointly by such residents and the housing authority and any other person or body (whether corporate or unincorporate) approved of by the authority,
and
(b) declared by the authority by resolution to be a designated body for the purposes of this section;
“dwellings” includes any building or other land to which section 58 of the Principal Act applies and any works or services provided by the housing authority which are ancillary to or otherwise relate to the dwellings concerned.
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paragraphs: —(1) Where, without lawful authority, a person erects, places, occupies or otherwise retains a temporary dwelling in a public place within a distance of five miles from any site provided, managed or controlled by a housing authority under section 13 of the Act of 1988 and the temporary dwelling could, in the opinion of the authority, appropriately be accommodated on that site, the authority may serve a notice on the person requiring him, within a specified period, to remove the said dwelling to the said site.
(2) A notice under subsection (1) shall specify—
(a) the location and description of the temporary dwelling to which it relates,
(b) the location of the site to which the temporary dwelling is required to be removed,
(c) the period, being not less than 24 hours from the time at which the notice is served, within which the requirements of the notice are to be complied with, and
(d) the statutory consequences of failure to comply with the requirements of the notice.
(3) Where, before the expiry of the period within which the requirements of a notice under subsection (1) are to be complied with, the temporary dwelling to which the notice relates is removed to a location in which it may lawfully be retained by the person concerned and the housing authority would not be entitled to serve another notice under subsection (1) in relation to the location, then subsections (4) and (5) shall not have effect.
(4) Any person on whom a notice under subsection (1) is served who fails in any respect to comply with any requirement of the notice shall be guilty of an offence.
(5) Where, in the opinion of the housing authority, the requirements of a notice under subsection (1) have not been complied with in all or any respects, then, without prejudice to any other provisions of this section, the authority may, without further notice, remove or procure the removal of the temporary dwelling—
(a) to the site specified in the notice, or
(b) where they are for any reason prevented from so doing, to another location for storage by or on behalf of the authority.
(6) Any person who obstructs or impedes or assists a person to obstruct or impede a housing authority in exercising their functions under this section shall be guilty of an offence.
(7) Where a temporary dwelling has been removed by a housing authority under this section without the presence or knowledge of any person claiming to own, occupy or otherwise retain it, the authority shall serve upon each such person whose name and address can be ascertained by reasonable enquiry, a notice informing him—
(a) where the temporary dwelling is removed to a site under subsection (5) (a), of the location of the site,
(b) where the temporary dwelling is removed to a place of storage under subsection (5) (b), of the address of the place I where it may be claimed and recovered, and
(c) of the powers and duties of the authority under subsections (8), (9) and (10).
(8) Possession of a temporary dwelling removed by a housing authority under subsection (5) (b) shall be given by the authority to a person claiming possession of it on his satisfying the authority that his claim thereto is bona fide if, but only if, the person makes a declaration in writing that—
(a) he is the owner of the temporary dwelling, or
(b) he is authorised by its owner to claim it, or
(c) he is, for a specified reason, otherwise entitled to possession of it,
and, at the discretion of the authority, he pays the amount of any expenditure reasonably incurred by that authority in removing and storing the temporary dwelling.
(9) A housing authority may dispose or procure the disposal of a temporary dwelling removed by them under this section unless, within one month from the date of its removal or, where a notice is served in respect of it under subsection (7), from the time at which the notice is served—
(a) where the temporary dwelling is removed to a site under subsection (5) (a), it is occupied, with the authority's consent, on the site or lawfully removed from the site by the owner, or
(b) where the temporary dwelling is removed to a place of storage under subsection (5) (b), it is claimed in accordance with subsection (8) and removed from the place where it is stored.
(10) Where—
(a) a housing authority become entitled to dispose or procure the disposal of a temporary dwelling by virtue of subsection (9),
(b) the name and address of the owner of the temporary dwelling is or can be ascertained by the authority by reasonable enquiry, and
(c) the temporary dwelling is, in their opinion, capable of being sold,
then the authority shall be entitled to sell the temporary dwelling for the best price reasonably obtainable and upon doing so shall pay to the person who was the owner of the temporary dwelling at the time of its removal a sum equal to the proceeds of such sale after deducting therefrom any expenditure reasonably incurred by the authority in its removal, storage and sale and any expenditure incurred by that or another housing authority in the provision of the temporary dwelling.
(11) (a) A notice under subsection (1) may be served on a person in either or both of the following ways:
(i) in accordance with section 3 of the Principal Act, and
(ii) at the discretion of the authority, by affixing it in a conspicuous position on or near the temporary dwelling to which it relates.
(b) Section 3(5) of the Principal Act shall apply to a notice affixed in accordance with paragraph (a) (ii).
(12) Any person guilty of an offence under subsection (4) or (6) shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.
(13) The provisions of this section are without prejudice to the functions of a public authority under any other enactment or any rule of law.
(14) In this section—
“public authority” means—
(a) the Government,
(b) a Minister of the Government,
(c) a local authority,
(d) a health board, and
(e) any other body established—
(i) by or under any enactment (other than the Companies Acts, 1963 to 1990), or
(ii) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under another enactment,
and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, and a subsidiary of any such body;
“public place” means any street, road or other place to which the public have access whether as of right or by express or implied permission and whether subject to or free of charge and any property or other land owned or occupied by or leased to a public authority;
“temporary dwelling” means any tent, caravan, mobile home, vehicle or other structure or thing (whether on wheels or not) which is capable of being moved from one place to another, and—
(a) is or was used for human habitation, either permanently or from time to time, or
(b) was designed, constructed or adapted for such use.
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paragraphs: —(1) A housing authority may, subject to regulations made by the Minister for the purposes of this section with the consent of the Minister for Finance, make loans (in this section referred to as “housing loans”) for any of the following purposes:
(a) the acquisition of estates or interests in or the construction of houses;
(b) the carrying out of improvement works to houses;
(c) the acquisition of buildings or other land for the purpose of providing housing or the development of sites for housing;
(d) the conversion of a building, in whole or in part, into one or more self-contained dwelling units;
(e) the provision of hostel accommodation;
(f) payment of a deposit for the purchase of property to which paragraph (a) or (c) relates.
(2) The power to make housing loans by virtue of subsection (1) includes the power to make them even if the amount due to the housing authority may exceed the amount of the original loan at any time after the loan has been made and, where the amount due to the authority in respect of capital exceeds the amount of the loan, any reference in this Act to the repayment of the loan includes reference to payment of the excess.
(3) The rates of interest payable from time to time on housing loans shall be determined by the Minister with the consent of the Minister for Finance, and different rates may be so determined for loans of different classes.
(4) A housing authority may enter into and carry out an agreement in connection with a housing loan under this section.
(5) Where default is made in complying with any of the conditions subject to which a housing loan is made by a housing authority or subject to which a house, property or other land in respect of which such a loan is made is held by the borrower or, in the case of the bankruptcy of the borrower of such a loan, the authority may, subject to the rights of any prior mortgagee or chargee, recover possession of the house, property or other land (whatever may be its value)—
(a) under sections 84 to 89 of the Landlord and Tenant Law Amendment Act, Ireland, 1860, as if the authority were the landlord and the borrower were the tenant, or
(b) by order of possession by a court in accordance with the terms of a mortgage given as security for the loan.
(6) Where a housing authority recover possession of a house, property or other land under subsection (5) (a)—
(a) all the estate, right, interest and title of the borrower in the house, property or land subsisting at the time the housing loan was made shall vest, without any conveyance or transfer, in the authority, and
(b) the provisions of section 23 of the Registration of Title Act, 1964 , shall not apply to such vesting unless the house is retained by the authority in accordance with subsection (7) (b).
(7) Where a housing authority recover possession of a house, property or other land under subsection (5), the authority, at their discretion, may—
(a) sell it at the best price reasonably obtainable, or
(b) retain and use it for the purposes of any of their functions.
(8) Subject to subsection (9), where a housing authority recover possession of a house, property or other land under subsection (5), the provisions of section 21 (3) of the Conveyancing Act, 1881 , shall apply as if—
(a) the authority were a mortgagee who has exercised the power of sale conferred by that Act, and
(b) the value of the interest in the said house, property or other land at the disposal of the authority were money received by a mortgagee arising from the sale of mortgaged property, and
(c) any costs incurred by the authority in relation to arbitration under subsection (11) were costs properly incurred by a mortgagee in such a sale.
(9) Where a housing authority recover possession of a house in accordance with subsection (5) and let that house or another house of which they are the owner to the borrower from whom possession was recovered or to any person who might reasonably be expected to reside with him, then the authority may, at their discretion, retain the residue that would otherwise be payable by them by virtue of subsection (8), provided that—
(a) they discharge any encumbrance to which the security given for the housing loan concerned had priority, and
(b) on or before such letting, the borrower is made aware in writing of the provisions of this subsection and subsection (8).
(10) Subsection (9) shall not prevent a housing authority from making such monetary arrangements with a borrower as they consider equitable in the circumstances.
(11) Where a house recovered by a housing authority is retained by them and in default of agreement between the authority and the borrower, the value of the interest in the house at the disposal of the authority shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , by a property arbitrator nominated under the Property Values (Arbitrations and Appeals) Act, 1960 .
(12) Any sum due to a housing authority by any person in respect of a housing loan may, without prejudice to any other power in that behalf, be recovered by the authority from that person as a simple contract debt in any court of competent jurisdiction.
(13) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:
(a) the class or classes of houses, buildings or other land, sites, works and accommodation in respect of which a loan may be made;
(b) the class or classes of persons to whom loans or loans of different classes may be made;
(c) the amount of a loan and the manner of its determination;
(d) requirements in relation to the financial and family circumstances of persons to whom a loan may be made;
(e) the manner in which the income of either or both the borrower and his household may be determined for the purposes of the regulations;
(f) the security, if any, to be taken for a loan and the manner of assessing the adequacy of the security;
(g) requirements in relation to the occupation of a house or other accommodation in respect of which a loan is made;
(h) the repayment of a loan including the manner of and period for such repayment;
(i) the manner of the payment of interest on a loan;
(j) requirements in relation to the floor area of a house in respect of which a loan may be made, measured in such manner as may, from time to time, be determined by the Minister;
(k) requirements in relation to standards of construction, works and repair and the availability in a house or other accommodation, in respect of which a loan may be made, of water, sewerage or other services;
(l) requirements, in the case of a loan for the carrying out of improvement or conversion works, in relation to the suitability of the house or property concerned for improvement or conversion and the type and purpose of the improvement or conversion works;
(m) the payment by instalments of a loan, whether or not the security to be taken, if any, is perfected;
(n) the conditions subject to which a house, property or other land in respect of which a loan is made, is held by a borrower during the period until the loan is repaid, and the interest thereon is paid, to the housing authority;
(o) requirements, in the case of a borrower other than a natural person, as to the constitution of such a borrower;
(p) the repayment of the capital debt outstanding and any interest due in the event of default by the borrower of an agreement under this section or in such other circumstances as the Minister may consider appropriate;
(q) the giving of notice to a borrower requiring him to comply with a condition subject to which a loan is made to him or subject to which a house, property or other land in respect of which a loan is made, is held by him;
(r) the adjustment of the capital debt outstanding on a loan (including the conversion of interest into such debt) and the extension of the repayment period;
(s) the insurance of a house, property or other land in respect of which a loan is made or which has been given as security for a loan;
(t) mortgage protection insurance;
(u) the form of, or matters to be specified in, a loan agreement.
(14) In this section “borrower” means the person to whom a housing loan has been made and includes a successor in title of that person and the personal representative of that person or successor in title.
num: 12
paragraphs: —(1) Where—
(a) in the opinion of a housing authority or the Housing Finance Agency plc, a house in respect of which a relevant loan has been made by the authority or the Agency, as the case may be, is abandoned by the borrower and any other person who might reasonably be expected to reside with the borrower, and the house has been or is in danger of being damaged or trespassed upon or of having any of its fixtures or fittings damaged or removed, and
(b) the house is not occupied by any person with the lawful consent of the borrower,
then, the authority or the Agency, as the case may be, may, without prejudice to due process of law for recovering possession of the house or any proceedings for the recovery of possession of the house, make whatever arrangements are considered necessary to secure and protect the house and for those purposes a person authorised by the authority or the Agency may enter the house at any time and may do therein anything reasonably necessary to secure and protect the house.
(2) Where the address at which the borrower resides for the time being is known to the housing authority or the Housing Finance Agency plc, as the case may be, the borrower shall be notified by them of the arrangements being made to secure and protect the house under subsection (1).
(3) The expenses incurred by a housing authority or the Housing Finance Agency plc under this section may be recovered by the authority or the Agency, as the case may be—
(a) from the borrower as a simple contract debt in any court of competent jurisdiction, or
(b) by an addition to the capital debt outstanding on the relevant loan.
(4) In this section—
“borrower” means the person to whom a relevant loan has been made and includes a successor in title of that person and the personal representative of that person or successor in title;
“relevant loan” means—
(a) a housing loan made by virtue of section 11 , or
(b) a loan made by a housing authority under section 39 of the Principal Act or section 8 of the Act of 1979, or
(c) a loan made by the Housing Finance Agency plc in respect of a house.
num: 13
paragraphs: —(1) The Minister may, with the consent of the Minister for Finance and after consultation with the Central Bank of Ireland, make regulations in relation to the transfer, sale or assignment of mortgages.
(2) Where regulations made under this section are for the time being in force, any contract purporting to effect the transfer, sale or assignment of mortgages in contravention of the provisions of such regulations shall be void.
(3) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), relate to all mortgages or to mortgages of a prescribed class or classes and may include provisions in relation to all or any one or more of the following:
(a) the obtaining of a mortgagor's consent to the transfer, sale or assignment of his mortgage;
(b) information to be given to a mortgagor in connection with the transfer, sale or assignment of his mortgage;
(c) the terms and conditions of the transfer, sale or assignment of the mortgages;
(d) undertakings to be given by the holder of a mortgage or the transferee, purchaser or assignee, as respects—
(i) the varying of the interest rate on the loan to which the mortgage relates,
(ii) procedure and policy in relation to the treatment of arrears of payments due under the mortgage;
(e) the prohibition or restriction of the charging of redemption fees by the transferee, purchaser or assignee;
(f) the insurance of the mortgaged property and its arrangement;
(g) the continuation of mortgage protection insurance, if any;
(h) the application of the provisions of section 26 of the Building Societies Act, 1989 .
(4) In this section—
“mortgage” means a mortgage of a freehold or leasehold estate or interest in a house;
“redemption fee” means, in relation to a loan, any sum in addition to the principal and any interest due on such principal (without regard to the fact of the redemption of the loan) at the time of redemption of the whole or part of the loan.
num: 14
paragraphs: —(1) A housing authority or the Housing Finance Agency plc may, with the consent of the Minister, or, where the Minister so directs, shall, on such terms and conditions as may be approved of by the Minister and the Minister for Finance, transfer, sell or assign some or all of the mortgages held by the authority or the Agency, as the case may be, in respect of loans made under the Housing Acts, 1966 to 1992, or the Housing Finance Agency Acts, 1981 to 1992.
(2) The proceeds of the transfer, sale or assignment of mortgagesby a housing authority or the Housing Finance Agency plc under this section shall be used for such purposes as the Minister may, with the consent of the Minister for Finance, direct.
(3) A housing authority may make joint arrangements with other housing authorities or the Housing Finance Agency plc for the transfer, sale or assignment of mortgages under this section.
(4) The transfer, sale or assignment of mortgages under this section by a housing authority shall, unless it is the subject of a direction by the Minister, be a reserved function.
num: 15
paragraphs: —(1) Subject to this section, the Minister, with the consent of the Minister for Finance, may, by order, vest debt due to the Local Loans Fund by a housing authority in the Housing Finance Agency plc.
(2) An order under subsection (1)—
(a) shall be expressed and shall operate to vest on the date specified therein debt of an amount specified therein without any further conveyance or transfer, and
(b) may be expressed to apply to all or any part of the debt of any particular housing authority, any such part being determined by reference to such matters as the Minister considers appropriate.
(3) In consideration of debt vested in it under subsection (1), the Housing Finance Agency plc shall, on the date of such vesting, pay into the Local Loans Fund a sum equal to the amount of the debt so vested.
(4) With effect from the date of the vesting of debt under this section, all contracts, agreements and undertakings entered into by, made with or given to the Commissioners of Public Works in Ireland by a housing authority in respect of the said debt shall be enforceable by, against or in favour of the Housing Finance Agency plc as fully and effectually in every respect as if, instead of the Commissioners, the Housing Finance Agency plc had been the person by whom they were entered into, with whom they were made or to whom they were given, as the case may be.
(5) The Minister may by order amend or revoke an order made under this section at any time before the date on which it is to take effect.
(6) Any sum paid by the Housing Finance Agency plc under subsection (3) shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance.
(7) In this section “debt” means amounts outstanding on moneys advanced out of the Local Loans Fund under section 4 of the Local Loans Fund Act, 1935 , to a housing authority for the purposes of making loans to persons for the acquisition, construction or improvement of houses.
num: 16
paragraphs: —(1) Subject to subsections (2) and (3), a notice by a landlord or a tenant to the other of termination of the tenancy of a house letfor rent or other valuable consideration shall not be valid unless it is in writing and is served not less than four weeks before the date on which it is to take effect.
(2) This section shall not apply—
(a) to the tenancy of a house let to a person in connection with his continuance in any office, appointment or employment,
(b) to the tenancy of a house let bona fide for the temporary convenience of or to meet a temporary necessity of the landlord or the tenant,
(c) to a tenancy conferring on the tenant the right to occupy a house for a holiday, or
(d) to such other class or classes of tenancies as may be prescribed for the purposes of this section by the Minister.
(3) Nothing in this section shall prejudice any provision of a contract or rule of law whereby a notice by a landlord or a tenant to the other of termination of the tenancy of a house is to be served more than four weeks before the date on which it is to take effect.
num: 17
paragraphs: —(1) The Minister may make regulations requiring the landlord of a house let for rent or other valuable consideration to provide the tenant of such a house with a rent book or other documentation to the like effect (in this section referred to as “other documentation”).
(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:
(a) the class or classes of houses or tenancies in respect of which rent books or other documentation shall be provided;
(b) the particulars to be contained in a rent book or other documentation, including information relating to—
(i) the house,
(ii) the landlord,
(iii) the tenant,
(iv) the terms of the tenancy and the rights and obligations of the tenant and the landlord,
(v) the deposit (if any) paid,
(vi) the rent reserved under the tenancy;
(c) the manner in which payments of rent are recorded or acknowledged;
(d) requirements regarding the proper use of a rent book or other documentation;
(e) such other matters as the Minister considers necessary.
(3) A person authorised by a housing authority for the purposes ofthis section may, in relation to a house to which regulations under this section apply—
(a) require the tenant to furnish or cause to be furnished to him at a specified time and place such document (if any) purporting to be the rent book or other documentation provided by the landlord;
(b) at all reasonable times enter and inspect the house as respects any particulars required by the regulations to be contained in the rent book or other documentation;
(c) require the landlord to furnish or cause to be furnished to him at a specified time and place the landlord's books, documents or other records (whether legible or in a machine readable form) relating to the house and the tenancy thereof.
num: 18
paragraphs: —(1) The Minister may make regulations prescribing standards for houses (including any common areas, works and services appurtenant thereto and enjoyed therewith) let for rent or other valuable consideration and it shall be the duty of the landlord of such a house to ensure that the house complies with the requirements of such regulations.
(2) A person authorised by a housing authority for the purposes of this section may at all reasonable times enter and inspect a house to which regulations under this section apply.
(3) Where, in the opinion of a housing authority, a requirement of a regulation is not being complied with, the authority may, after giving not less than 21 days notice in writing to the landlord of the house concerned, carry out or arrange the carrying out of any work necessary to ensure that the house complies with the requirements of the regulations.
(4) Where a housing authority give a notice under subsection (3), they shall at the same time send a copy of the notice to the tenant of the house concerned.
(5) Any expenses reasonably incurred by a housing authority under subsection (3) shall be repaid by the landlord and may be—
(a) secured by—
(i) charging the house under the Registration of Title Act, 1964 , or
(ii) an instrument vesting the ownership of the house in the authority subject to a right of redemption by the landlord;
(b) without prejudice to paragraph (a), recovered from the landlord as a simple contract debt in any court of competent jurisdiction.
(6) A landlord upon whom a notice is served under subsection (3) may, before the expiry of such notice, appeal to the District Court in the District Court district in which the house concerned is situate to have the notice set aside and a housing authority shall not carry out or arrange the carrying out of any work under that subsection until the appeal is determined.
(7) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:
(a) the class or classes of houses or tenancies in respect of which the prescribed standards shall apply;
(b) the maintenance of the house in a proper state of structural repair and in good general repair;
(c) the quality and condition of the accommodation, any common areas, furnishings and appliances;
(d) ventilation and lighting;
(e) water supplies, sanitary facilities and drainage;
(f) facilities for heating and cooking;
(g) facilities for the storage and the preparation of food.
(8) For the purposes of subsection (7)(b) “a proper state of structural repair” means essentially sound, with roof, floors, ceilings, walls and stairs in good repair and not subject to serious dampness or liable to collapse because they are rotted or otherwise defective.
num: 19
paragraphs: —No distress shall be levied for the rent (including rent-charge) of any premises let solely as a dwelling.
num: 20
paragraphs: —(1) The Minister may make regulations requiring a landlord of a house let for rent or other valuable consideration to register the tenancy of such a house with the housing authority in whose functional area the house is situate and to furnish such particulars as the regulations may specify, including in each case the name and address of the landlord and of the tenant and the amount of the rent or the value or nature of the other consideration, as the case may be.
(2) Regulations under subsection (1) may be expressed to apply to houses or tenancies of a particular class or classes and may contain such provisions as the Minister considers necessary for the purposes of this section.
(3) Regulations under subsection (1) may require the landlord of a house to pay to the housing authority such fee as may be prescribed for the registration of the tenancy of the house.
(4) A housing authority shall keep a register (in this section referred to as “the register”) for the purposes of this section in respect of all houses in their functional area to which regulations under this section relate and shall make all such entries therein as may from time to time be appropriate in accordance with this section and such regulations.
(5) The register shall be kept at an office of the housing authority designated by them and shall be available for inspection by any person during normal office hours.
(6) (a) A copy of an entry in the register purporting to be certified by an authorised officer of the housing authority shall, in the absence of any evidence to the contrary, be deemed to have been so certified by the authority and shall be received in evidence accordingly.
(b) Evidence of an entry in the register may be given by the production of a copy thereof certified in accordance with paragraph (a) and it shall not be necessary to produce the register.
(7) Where an application is made to a housing authority for a copy of an entry in the register, the copy shall be issued to the applicant on payment by him of such fee (if any) in respect of each entry as the Minister may, from time to time, prescribe by regulations or as may be determined by the authority where not so prescribed.
(8) All fees received by a housing authority under this section shall be paid, as appropriate, into the county fund or the municipal fund.
(9) A person authorised by a housing authority for the purposes of this section may at all reasonable times enter into and inspect a house to which regulations under this section apply as respects any particulars required by the regulations to be furnished to the authority.
(10) References in section 11 of the Housing (Private Rented Dwellings) Act, 1982 , and in sections 7 and 8 of the Housing (Private Rented Dwellings) (Amendment) Act, 1983 , to regulations under section 24 of the Housing (Private Rented Dwellings) Act, 1982 , shall be construed as references to regulations made or deemed by virtue of section 37 to have been made under this section.
num: 21
paragraphs: —It shall be lawful for a member of the Garda SÃ­ochÃ¡na or a person in Holy Orders or a regular minister of any religious denomination or community to take and receive a statutory declaration for the purposes of any provision of or under the Housing Acts, 1966 to 1992.
num: 22
paragraphs: —(1) The granting of assistance by the Minister or a housing authority in respect of a house shall not imply any warranty on the part of the Minister or the authority, as the case may be, in relation to the state of repair or condition of the house or its fitness for human habitation.
(2) In this section the reference to the granting of assistance in respect of a house means—
(a) in the case of the Minister, the payment of a grant, subsidy or recoupment in respect of the house in accordance with a provision of or under the Housing Acts, 1966 to 1992,
(b) in the case of a housing authority, the making of a loan, the granting of a shared ownership lease, the provision of assistance or the payment of a grant or subsidy in respect of the house in accordance with a provision of or under the Housing Acts, 1966 to 1992, or the carrying out of works to the house in accordance with section 5 .
num: 23
paragraphs: —(1) Subject to subsections (2) and (3), a reference in the Housing Acts, 1966 to 1992, to a housing authority means, in the case of—
(a) a county health district (exclusive of any town having commissioners under the Towns Improvement (Ireland) Act, 1854), the council of the county in which such county health district is situate,
(b) a county borough, the corporation of such county borough,
(c) a borough, except as respects—
(i) section 6 of the Act of 1979,
(ii) section 8 of the Act of 1988,
(iii) sections 2 to 4 and sections 6 and 7 of this Act,
the corporation of the borough and, as respects each of the said sections, the council of the county in which the borough is situate,
(d) an urban district, except as respects—
(i) section 6 of the Act of 1979,
(ii) sections 8 and 16 of the Act of 1988, and
(iii) sections 2 to 4 and sections 6 , 7 and 11 of this Act,
the council of the urban district and, as respects each of the said sections, the council of the county in which the urban district is situate,
(e) a town having commissioners under the Towns Improvement (Ireland) Act, 1854, except as respects—
(i) sections 34 to 36 and section 41 of the Principal Act,
(ii) section 6 of the Act of 1979, and
(iii) sections 2 and 6, sections 8 to 10 and sections 13 and 16 of the Act of 1988, and
(iv) sections 2 to 7 , sections 10 to 12 and sections 14 , 17 , 18 , 20 , 34 and 35 of this Act,
the commissioners of such town and, as respects each of the said sections, the council of the county in which the town is situate,
and references to the functional area of a housing authority shall be construed accordingly.
(2) A reference in the Housing Acts, 1966 to 1992, to a housing authority means, in the case of—
(a) the borough of Dun Laoghaire, except as respects section 6 of the Act of 1979, the corporation of the borough and, as respects the said section, the council of the county of Dublin,
(b) the urban districts of Athlone, Bray and Dundalk, except as respects—
(i) section 6 of the Act of 1979,
(ii) section 8 of the Act of 1988, and
(iii) sections 2 to 4 and sections 6 and 7 of this Act,
the respective councils of those urban districts and, as respects each of the said sections, the respective councils of the counties in which those urban districts are situate,
and references to the functional area of those housing authorities shall be construed accordingly.
(3) (a) The Minister may, by order, as respects any function of a housing authority within the meaning of subsection (1) or (2) which he considers could be performed more effectively or appropriately by a local authority, other than the housing authority concerned, transfer the function to the said local authority.
(b) In relation to a housing authority to whom a function is transferred in accordance with paragraph (a), an order under this subsection shall specify whether the authority shall, as respects the functional area of the authority from whom the function is transferred, perform the function separately from or as one with the functional area of the first mentioned authority.
(c) An order under this subsection may make provision in relation to the charging of expenses in relation to a function transferred pursuant to paragraph (a).
(d) The Minister may by order amend or revoke an order made under this subsection, including an order made under this paragraph.
(4) The Principal Act is hereby amended by the deletion of the definition of “housing authority” in subsection (1) of section 2.
num: 24
paragraphs: —Section 5 of the Principal Act is hereby amended by the substitution for subsection (4) (inserted by the Act of 1979) of the following:
“(4) Regulations under the Housing Acts, 1966 to 1992, may be expressed to apply either generally or to specified housing authorities or areas or to housing authorities, areas, houses, tenancies, loans, mortgages, persons, households, works or other matters of a specified class or classes, denoted by reference to such matters as the Minister considers appropriate and different provisions of such regulations may be expressed to apply in relation to different housing authorities or areas or different classes of housing authorities, areas, houses, tenancies, loans, mortgages, persons, households, works or other matters.
(5) Regulations under the Housing Acts, 1966 to 1992, may make provision in relation to matters of procedure and administration including—
(a) the appointment by the Minister of a housing authority to discharge specified functions relating to the making of a grant, subsidy or assistance by the Minister under the Housing Acts, 1966 to 1992, as respects their functional area and the functional area of such other housing authority as the Minister may specify;
(b) the charging of expenses incurred by a housing authority by virtue of paragraph (a);
(c) a requirement that the Minister or the housing authority, as the case may be, shall be furnished with prescribed particulars relating to the tax affairs of—
(i) a person making application for a grant, loan, subsidy, contribution or other assistance under the Housing Acts, 1966 to 1992, and
(ii) any person employed or proposed to be employed to carry out any construction works to which the said application relates.”.
num: 25
paragraphs: —Section 89 of the Principal Act is hereby amended—
(a) by the substitution for the definition of “dwelling” therein of the following:
“‘dwelling’ means a dwelling provided by a housing authority under this Act of which they are the owner and includes any shop, outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith;”,
and
(b) by the insertion of the following definitions before the definition of “special condition”:
“‘purchase money’, in relation to a dwelling, means—
(a) the purchase price of the dwelling after taking into account any reduction in the price as a result of any discount or other allowance made by the housing authority concerned, and
(b) any interest payable on the amount determined in accordance with paragraph (a) of this definition;
‘purchaser’ means the person (including a housing authority) to whom a sale is made and includes a successor in title of that person and the personal representative of that person or successor in title;
‘sell’, in relation to a dwelling, means to sell or exchange a freehold or leasehold estate or interest, and cognate words shall be construed accordingly;”.
num: 26
paragraphs: —(1) The Principal Act is hereby amended by the substitution for section 90 of the following:
“90. (1) Subject to the provisions of this section and to such regulations as may be made by the Minister for the purposes of this section, a housing authority may sell a dwelling in the state of repair and condition existing at the date of the sale—
(a) where the dwelling is occupied by a tenant—
(i) to the tenant in accordance with a scheme under which the dwelling is offered for sale (in this section referred to as a ‘purchase scheme’),
(ii) to another housing authority, or
(iii) to a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992;
(b) where the dwelling is not occupied by a tenant, to any person (including another housing authority).
(2) A purchase scheme—
(a) shall be subject to such regulations as may be made by the Minister,
(b) may relate to all dwellings or to dwellings of a specified class or classes,
(c) shall be adopted by a housing authority by resolution,
(d) may be expressed to apply in respect of a specified period of time.
(3) If so directed by the Minister, a housing authority shall, on or before such date as the Minister may specify, adopt a purchase scheme or schemes and offer for sale dwellings to which the purchase scheme or schemes apply.
(4) Subject to any regulations made under this section, section 83 of the Local Government Act, 1946 , shall apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a), or paragraph (b), of subsection (1) of this section and have effect as if for paragraphs (b), (c) and (d) of subsection (1) of the said section 83 there were substituted the following:
‘(b) at a meeting of the local authority held after the expiration of ten clear days from the day on which such notices are sent, the authority shall resolve as follows:
(i) that the sale shall be carried out in accordance with the terms specified in such notices, or
(ii) that the sale shall be carried out in accordance with the terms specified in the resolution, or
(iii) that the sale shall not be carried out,
(c) if the local authority resolve pursuant to paragraph (b) of this subsection that the sale shall be carried out in accordance with the terms specified in such notices, the sale may be carried out in accordance with those terms,
(d) if the local authority resolve pursuant to paragraph (b) of this subsection that the sale shall be carried out in accordance with the terms specified in the resolution, the sale may, with the consent of the Minister, be carried out in accordance with those terms,’.
(5) A sale of a dwelling under this section shall be effected by means of an order (in this section referred to as a ‘transfer order’) made by the housing authority which shall be expressed and shall operate to vest, on the date specified in the order, the interest specified therein, subject to such terms and conditions, including special conditions, as may be specified therein.
(6) Where a dwelling, being a separate and self-contained flat in premises divided into two or more such flats, is sold under this section, a housing authority may—
(a) make a periodic or other charge on the purchaser in respect of the management, control, maintenance or improvement of the areas, works or services in the said premises that are common to two or more such dwellings where such functions are performed by the authority,
(b) as respects any sum due to them under paragraph (a) of this subsection and remaining unpaid after the due date—
(i) secure payment of the sum by charging the dwelling under the Registration of Title Act, 1964 ,
(ii) without prejudice to subparagraph (i) of this paragraph, recover the sum as a simple contract debt in any court of competent jurisdiction,
(c) subject to the requirements of regulations (if any) under this section, transfer the ownership or control of the areas, works or services in the said premises that are common to two or more such dwellings to a company or other body having as an object the management, control, maintenance or improvement of the said premises, areas, works or services.
(7) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the following:
(a) the class or classes of dwellings to which a purchase scheme shall or shall not apply;
(b) the period in respect of which a purchase scheme shall apply;
(c) the period within which an application by a tenant to acquire a dwelling under a purchase scheme shall be received by a housing authority;
(d) the determination of the amount of the purchase price of a dwelling;
(e) the determination of any discount or other allowance to be deducted from the purchase price of a dwelling;
(f) the manner of payment of the purchase money for a dwelling;
(g) the determination from time to time of the rate of interest (if any) payable to a housing authority on moneys owing to the authority in respect of a dwelling;
(h) the security (if any) to be taken for moneys owing to a housing authority and the manner of assessing its adequacy;
(i) the form of, or the matters to be specified in, a transfer order;
(j) such other terms and conditions, including special conditions and the period for which they shall apply, in relation to the sale of a dwelling as the Minister considers appropriate;
(k) in case of a sale of a dwelling under paragraph (a)(iii) of the said subsection (1)—
(i) the form of or the matters to be specified in an agreement between the housing authority and the body in relation to the sale of the dwelling;
(ii) the obtaining of the tenant's consent to the sale of the dwelling and the manner of so doing;
(iii) the furnishing of information to the tenant for the purpose of obtaining his consent;
(iv) the tenant's occupation of the dwelling following its sale;
(l) in case of a sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a), or paragraph (b), of subsection (1) of this section, the obtaining of the consent of the Minister to the sale;
(m) the application of section 3 of the Housing (Miscellaneous Provisions) Act, 1992, to the sale of a dwelling under this section.
(8) No warranty shall apply or be deemed to be implied as to the state of repair or condition or the fitness for human habitation of a dwelling sold under this section.
(9) Where a housing authority give or have given consent to a mortgage in respect of a dwelling sold by them under this section, the authority shall be regarded as having consented to—
(a) any further or consolidated mortgage effected by the same mortgagor, and
(b) the exercise by the mortgagee of his powers under either such mortgage.
(10) Where, in relation to a house sold under this section, a written report on the value of a house and any factors likely to affect its value is furnished by a housing authority in connection with the making of a loan by a building society to be secured on the house, the authority may be deemed to be a person competent to value and not disqualified from making a report for the purposes of section 25 (1) (c) of the Building Societies Act, 1989 .
(11) (a) The power under this section to sell a dwelling, other than a dwelling being a separate and self-contained flat in premises divided into two or more such flats or a dwelling to which regulations made pursuant to paragraph (m) of subsection (7) of this section apply, shall, except where the dwelling is vested in another housing authority or a body approved of under section 6 of the Housing (Miscellaneous Provisions) Act, 1992, be exercised only by the vesting of the fee simple in the dwelling.
(b) The Landlord and Tenant (Ground Rents) Act, 1978 , shall not apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a) of subsection (1) of this section.
(12) The following additional provisions shall apply in respect of a dwelling to which a special condition described in paragraph (c) of section 89 of this Act applies:
(a) the housing authority may, without prejudice to any other power in that behalf, refuse to consent to a sale of the dwelling if they are of opinion that—
(i) the intended purchaser is not a person in need of housing, or
(ii) the intended sale would, if completed, leave the seller or any person who might reasonably be expected to reside with him without adequate housing;
(b) where, in relation to the dwelling—
(i) a housing authority give or have given consent to a sale, or
(ii) a mortgagee has exercised his powers of sale under a mortgage,
the condition shall, from the date of such sale, no longer apply;
(c) any attempted or purported mortgaging, charging or alienation in contravention of the special condition shall be null and void against all persons; provided, however, that in any case where the consent of the housing authority is given after the attempted or purported mortgaging, charging or alienation, such consent shall, if the authority so direct, so operate as to validate with retrospective effect such attempted or purported mortgaging, charging or alienation.”.
(2) Where, before the commencement of this section, an application to acquire a dwelling has been received from the tenant thereof by a housing authority and the authority propose to vest the dwelling in the said tenant on the terms applicable to the sale of the dwelling on the date of receipt of such application, the vesting may, notwithstanding the commencement of this section, be completed on the said terms.
(3) Section 90 of the Principal Act (as amended by this Act) shall not apply to a house during a period it is let by a housing authority under an agreement, entered into before the commencement of section 3 which requires the tenant to accept from the authority when offered by them a shared ownership lease.
num: 27
paragraphs: —Section 15 of the Act of 1988 is hereby amended by the substitution for paragraph (b) of subsection (2) of the following:
“(b) insofar as they relate to the payment of a grant or subsidy under subsection (1)(f), make provision in relation to all or any one or more of the following:
(i) the amount of the grant or subsidy;
(ii) requirements in relation to the assistance in respect of which the grant or subsidy may be paid;
(iii) requirements in relation to the payment of the grant or subsidy;
(iv) the class or classes of accommodation in respect of which the grant or subsidy may be paid and the class or classes of persons for whom such accommodation is provided;
(v) requirements in relation to the financial and family circumstances of persons occupying accommodation in respect of which the grant or subsidy may be paid;
(vi) requirements in relation to the occupation and maintenance of accommodation in respect of which the grant or subsidy may be paid;
(vii) requirements in relation to the floor area of accommodation in respect of which the grant or subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister;
(viii) requirements in relation to standards of construction, works and repair and the availability in accommodation, in respect of which the grant or subsidy may be paid, of water, sewerage and other services;
(ix) requirements in relation to the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of the accommodation concerned.”.
num: 28
paragraphs: —Section 20 of the Act of 1988 is hereby amended by the insertion after subsection (1) of the following:
“(1A) (a) In respect of the provision of dwellings under section 56 of the Principal Act, a housing authority shall, within one year of the commencement of the commencement of section 28 or the Housing (Miscellaneous Provisions)Act, 1992, draw up and adopt a written statement of their policy (in this section referred to as a ‘policy under this section’) to counteract undue segregation in housing between people of different social backgrounds.
(b) A housing authority may, from time to time as they think fit, review their policy under this section and make in it any amendments, or draw up and adopt a new written statement of their policy, as they consider proper.
(c) In drawing up and adopting or amending a policy under this section a housing authority shall have regard to such matters as the Minister may from time to time direct.
(d) The adoption of a policy under this section or an amendment to any such policy shall be a reserved function.”.
num: 29
paragraphs: —The Housing Finance Agency Act, 1981 , is hereby amended—
(a) by the substitution for section 5 (as amended by the Housing Finance Agency (Amendment) Act, 1988 ) of the following:
“5. The Agency may, subject to such terms and conditions as from time to time stand approved of under this section by both the Minister and the Minister for Finance, advance moneys to—
(a) a housing authority to be used by them for any purpose authorised by or under the Housing Acts, 1966 to 1992, or
(b) the National Building Agency Limited (being the body so referred to in the National Building Agency Limited Act, 1963 ) for use by them for any lawful purpose in connection with the provision or improvement of housing or services related thereto or in substitution for funds borrowed by them for such purposes and still outstanding.”,
and
(b) by the substitution in subsection (3) of section 10 (as amended by the Housing Finance Agency (Amendment) Act, 1988 ) of “£1,500,000,000” for “£1,000,000,000”.
num: 30
paragraphs: — Section 29 of the Building Societies Act, 1989 , is hereby amended by the substitution for subsection (3) of the following:
“(3) Subject to section 30, a society shall not, save where it acts as an insurance intermediary within the meaning of the Insurance Act, 1989 , carry on insurance business otherwise than by a subsidiary or other associated body of the society.”.
num: 31
paragraphs: —Article 2 (as amended by the Housing Act, 1970 ) of the Third Schedule to the Principal Act is hereby amended by the substitution of “£15,000” for “two thousand pounds” in paragraphs (a), (b), (c) and (h) and the substitution of “£40,000” for “five thousand pounds” in paragraph (g).
num: 32
paragraphs: —The provisions of section 6 of the Landlord and Tenant (Amendment) Act, 1980 , shall apply in respect of—
(a) a house leased under a shared ownership lease, and
(b) housing accommodation provided after the commencement of this section for letting by a body standing approved of for the purposes of section 6 ,
as if the person granting the lease or the approved body, as the case may be, were a housing authority and the house or the housing accommodation were premises provided by the authority.
num: 33
paragraphs: —(1) (a) Any person convicted of an offence for which a fine is provided under a provision referred to in paragraph (b) shall, in lieu of that fine, be liable to a fine not exceeding £1,000 and those sections shall be construed and have effect accordingly.
(b) The provisions to which paragraph (a) relates are as follows:
(i) in the Principal Act, sections 3(5), 4(2) and 61(2), subsection (7) (inserted by the Housing Act, 1970 ) of section 62, section 64(2), subsections (3) and (4) of section 65, section 67(3), subsections (1), (2) and (3)(b) of section 68 and subsections (1)(a) and (2) of section 69, and
(ii) in the Act of 1988, section 29(1).
(2) Section 117 of the Principal Act is hereby amended by the substitution for subsection (7) of the following:
“(7) Any person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by this section shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000 and if the obstruction is continued after conviction the person shall be guilty of a further offence on every day on which the obstruction continues and for each such offence shall be liable, on summary conviction, to a fine not exceeding £100.”.
num: 34
paragraphs: —(1) Any person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by, or who contravenes a provision of, or a regulation made under, section 17 , 18 or 20 shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000 and if the obstruction or contravention is continued after conviction the person shall be guilty of a further offence on every day on which the obstruction or contravention continues and for each such offence shall be liable, on summary conviction, to a fine not exceeding £100.
(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , proceedings for an offence under this section may be instituted at any time within two years after the date of the offence.
num: 35
paragraphs: —Where—
(a) a subsidy, being a subsidy specified in section 4 or 7 , has been paid by the Minister or a housing authority or a recoupment, being a recoupment specified in section 4 , 5 or 7 , has been made by the Minister to a housing authority, on or after the 14th day of February, 1991, but before the commencement of section 4 , 5 or 7 , as the case may be, and
(b) the subsidy or recoupment would have been valid and effectual if it had been paid or made after such commencement,
then the subsidy or recoupment shall be valid and effectual, and be deemed always to have been valid and effectual, as if it had been paid or made after such commencement.
num: 36
paragraphs: —The expenses of the council of a county in relation to the performance of a function under the Housing Acts, 1966 to 1992, shall be charged—
(a) in case the function is performed separately in respect of a county health district, on that county health district,
(b) in case the function is performed as one in respect of a combined area of a county health district and one, or more than one, borough or urban district in the county, on such combined area,
(c) in case the function is the subject of an order under section 23 , pursuant to the provisions of such order.
num: 37
paragraphs: —(1) Each enactment specified in column (2) of the Schedule to this Act is hereby repealed to the extent specified in column (3) of that Schedule opposite the enactment so specified.
(2) Any repeal of enactments effected by this section shall not affect any provision of a loan agreement or mortgage contract, or the enforcement thereof, entered into by a housing authority under a provision being repealed.
(3) Notwithstanding subsection (2), if a housing authority think fit and with the agreement of the person to whom the loan was made or his successor in title, the authority may, in relation to a loan made under a provision being repealed by virtue of this section, apply the provisions of regulations made pursuant to section 11 (13) (r) to such loan.
(4) Notwithstanding any repeal effected by this section the provisions of the relevant enactment shall continue in force and have full effect in relation to a loan made by a housing authority under a provision being repealed.
(5) A regulation made under a provision repealed by this section and in force immediately before the commencement of this section shall, in so far as it could have been made under a corresponding provision of this Act, continue in force after such commencement and be deemed to have been made under the corresponding provision of this Act and may be amended or revoked accordingly.
num: 38
paragraphs: —(1) This Act may be cited as the Housing (Miscellaneous Provisions) Act, 1992.
(2) The Housing Acts, 1966 to 1988, and this Act, other than subsections (3) and (4) and sections 29 and 30 may be cited together as the Housing Acts, 1966 to 1992, and shall be construed together as one Act.
(3) The Housing Finance Agency Acts, 1981 to 1988, this subsection and sections 14 , 15 and 29 may be cited together as the Housing Finance Agency Acts, 1981 to 1992, and shall be construed together as one Act.
(4) The Building Societies Act, 1989 , this subsection and section 30 may be cited together as the Building Societies Acts, 1989 and 1992, and shall be construed together as one Act.
(5) This Act shall come into operation on such day or days as may be fixed by order or orders of the Minister under this section, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.