Council Tenancies
HOUSING ACT 1966
PART III
Provision and Management of Dwellings
Section 53
Duty of housing authority to make inspection and to assess adequacy of supply and condition of housing.
53.—F43[…]
Annotations
Amendments:
F43
Repealed (19.08.1988) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 199 of 1988.
Editorial Notes:
E150
Previous affect provision: application of subs. (1) extended (7.02.1984) by Housing Act 1984 (1/1984), s. 2, commenced on enactment; section repealed as per F-note above.
Section 54
Review by housing authority of cost of housing services.
54.—F44[…]
Annotations
Amendments:
F44
Repealed (19.08.1988) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 199 of 1988.
Section 55
Building programmes.
55.—F45[…]
Annotations
Amendments:
F45
Repealed (19.08.1988) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 199 of 1988.
Editorial Notes:
E151
Previous affect provision: application of subss. (1) and (3) extended (7.02.1984) by Housing Act 1984 (1/1984), s. 3, commenced on enactment; section repealed as per F-note above.
Section 56
Provision of dwellings.
56.— F46[…]
Annotations
Amendments:
F46
Subs. (1) repealed (1.04.2011) and subs. (2) repealed (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, S.I. Nos. 83 of 2011 and 449 of 2009.
Editorial Notes:
E152
Previous affecting provision: house let by housing authority under section exempted from application of food preparation, storage and laundry provisions (1.02.2009 and 1.02.2013) by Housing (Standards for Rented Houses) Regulations 2008 (S.I. No. 534 of 2008), reg. 8, in effect as per reg. 2; section repealed as per F-note above.
E153
Previous affecting provision: application of subs. (2) extended (19.08.1988) by Housing Act 1988 (28/1988), s. 13(3), S.I. No. 199 of 1988, as substituted (11.09.1998) by Housing (Traveller Accommodation) Act 1998 (33/1998), s. 29, S.I. No. 328 of 1998; section repealed as per F-note above.
E154
Previous affecting provision: application of section restricted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 3(1), S.I. No. 223 of 1992; section repealed as per F-note above.
E155
Previous affecting provision: section applied with modifications (1.04.1989) and extended (19.08.1988) by Housing Act 1988 (28/1988), s. 20(1) and (2), S.I. No. 40 of 1989 and S.I. No. 199 of 1988; section repealed as per F-note above.
Section 57
Power of housing authority to provide building sites.
57.—A housing authority may provide sites for building purposes on land acquired or appropriated by them for purposes of this Act and in connection with the provision of such sites may construct roads and lay out open spaces on the land and provide such other services and carry out such other works as may be necessary for or incidental to the development of the land for building purposes, including works or services necessary for or incidental to the development of the land for places of worship, factories, schools, shops, offices, playgrounds, places of recreation, parks and open spaces.
Annotations
Modifications (not altering text):
C30
Application of section extended (19.08.1988) by Housing Act 1988 (28/1988), s. 20(2), S.I. No. 199 of 1988.
Additional provisions relating to sections 56 to 58 of Principal Act and to section 12.
20.— …
(2) The power of a housing authority under section 56 of the Principal Act to provide dwellings and under section 57 of that Act to provide sites for building purposes shall, in the case of a council of a county, be deemed to include, and always to have included, a power to provide dwellings or sites (as the case may be) in a town in the county having commissioners under the Towns Improvement (Ireland) Act, 1854, as if, for the purpose of such provision, the town formed part of the functional area of the council.
Section 58
Management and control of certain dwellings and of any ancillary amenities, works or services provided in connection therewith.
58.—(1) Subject to the following provisions of this section and to such regulations as may be made by the Minister for the purposes of this section, the management and control of any dwelling, building or other land of which a housing authority are the owner and of any works or services, provided by the authority under this Act, shall be vested in and exercised by the authority.
F47[(1A) The management and control of the common areas appurtenant to a dwelling and provided by a housing authority under this Act are not required to be vested in the housing authority under subsection (1) of this section.
(1B) A housing authority may perform management and control functions vested in it under subsection (1) of this section in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling.]
(2) A housing authority may reconstruct, enlarge or improve any dwelling or other building of which they are the owner.
(3) Subject to the said regulations, a housing authority may as respects a dwelling provided under this Act of which they are the owner charge such rent or other payment for the tenancy or occupation thereof as they may determine from time to time and as respects any buildings or other land or works or services provided under this Act the authority may make such charge, whether by way of rent or otherwise, as they shall think fit.
F47[(3A) Without prejudice to the generality of subsection (3) of this section, charges made under that subsection may include—
(a) charges relating to the provision of services to, and the insurance of, a dwelling and other charges relating to the management and control of the dwelling, or
(b) any other charges that may be prescribed under this section in relation to:
(i) the management and control of common areas appurtenant to a dwelling, where those common areas are also used by the occupants of other dwellings;
(ii) the provision of services where those services are also provided to the occupants of other dwellings.
(3B) A housing authority may make such charge under subsection (3) of this section, whether by way of rent or otherwise, as it considers appropriate, in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling.]
(4) Without prejudice to the generality of subsection (1) of this section, regulations made by the Minister for the purposes of this section may provide for all or any of the following matters:
(a) the maximum number of persons who shall be permitted to occupy dwellings to which the regulations apply on any letting;
(b) the terms and conditions to be included in any agreement under which any person is permitted to occupy or use such dwellings;
(c) matters to which a housing authority shall have regard in determining rents;
(d) such other matters as the Minister may consider necessary or expedient for the purpose of securing the proper and efficient management of such dwellings.
(5) The Land Law (Ireland) Act, 1881, shall not apply as respects the letting by a housing authority of an allotment provided under section 56 of this Act, and such letting shall, unless a provision to the contrary is contained in a letting agreement, be deemed to be a letting for temporary convenience and determinable at the end of any month.
Annotations
Amendments:
F47
Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 14, S.I. No. 329 of 2002.
F48
Repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.
Modifications (not altering text):
C31
Prospective affecting provision: section repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.
58.—F48[…]
C32
Application of section restricted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 3(8)(b)(i), S.I. No. 223 of 1992; section repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.
Granting of shared ownership leases by housing authorities, etc.
3.— …
(8) …
(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;
…
Editorial Notes:
E156
Power pursuant to subs. (4) exercised (1.01.2012) by Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011), in effect as per reg. 2.
E157
An tArd-Chláraitheoir enabled to give prescribed, otherwise restricted, information to a housing authority for determination of payment under section (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 66(j), S.I. No. 764 of 2005; substituted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 8, not commenced as of date of revision.
E158
Housing Authority required to adopt policy for performance of functions under subs. (1) and keep it under review (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 9(1), S.I. No. 223 of 1992; repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.
E159
Power pursuant to section exercised (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).
E160
Previous affecting provision: application of section extended (19.08.1988) by Housing Act 1988 (28/1988), s. 20(3), S.I. No. 199 of 1988; repealed (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, S.I. No. 83 of 2011.
E161
Previous affecting provisions: power pursuant to section exercised (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), art. 5 and sch. 1.
E162
Previous affecting provisions: power pursuant to section exercised (13.04.1967) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (S.I. No. 71 of 1967); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
Section 59
Amendment of section 1 of Local Government (Rates on Small Dwellings) Act, 1928.
59.—F49[…]
Annotations
Amendments:
F49
Repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37(1) and sch., S.I. No. 223 of 1992, subject to certain exceptions and transitional provisions in subss. (2)-(5).
Section 60
Duty of housing authority to make scheme of priorities for letting housing accommodation.
60.—F50[…]
Annotations
Amendments:
F50
Repealed (1.04.1989) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 40 of 1989, subject to transitional provision in 28/1988, s. 11(11) and continuation in force of regulations under 28/1988, s. 30(2).
Editorial Notes:
E163
Previous affecting provision: application of subs. (3) extended with retrospective effect (7.02.1984) by Housing Act 1984 (1/1984), s. 4, commenced on enactment; section repealed as per F-note above.
E164
Previous affecting provision: subs. (4) substituted (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 16, S.I. No. 276 of 1979; section repealed as per F-Note above.
E165
Previous affecting provision: subs. (8) repealed (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 276 of 1979, subject to transitional provisions and continuation in force of regulations in subss. (2)-(4).
Section 61
Requiring information from tenants and persons applying for tenancies.
61.—(1) A housing authority may, for the purposes of enabling them to determine the rent that shall be payable by a person to whom they have let or who has applied to have let to him a dwelling provided under this Act, require the person to furnish to the authority, within a specified period ending not less than fourteen days after being so required, particulars in writing of the following matters:
(a) the number of members of the person’s family residing with him, together with their ages, sex, occupations and conditions of health;
(b) the weekly income of the person and of each of the members of his family residing with him;
(c) any assistance, benefit or allowance received by or on behalf of the person or a member of his family residing with him from state funds or under the F51[Social Welfare (Supplementary Welfare Allowances) Act, 1975 (No. 28 of 1975)], the Health Acts, 1947 to 1960, or from any other source whatsoever;
(d) the means of transport available to bring such person and the members of his family residing with him to their places of work, or in the case of children, to school and the cost of such transport;
(e) the terms upon which premises are occupied by him, the amount of rent payable in respect of such premises and the name and address of the person to whom such rent is payable.
(2) Any person who is required under this section to state any matter or thing and either fails to state the matter or thing within the period specified under this section, or when stating such matter or thing, makes a statement in writing which to his knowledge is false or misleading in a material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
Annotations
Amendments:
F51
Substituted (1.07.1977) by Social Welfare (Supplementary Welfare Allowances) Regulations 1977 (S.I. No. 168 of 1977), reg. 19(3) and sch. 2, in effect as per reg. 2.
F52
Repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.
Modifications (not altering text):
C33
Prospective affecting provision: section repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.
61.—F52[…]
C34
Subs. (2) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S.I. No. 223 of 1992. The maximum fine of £1,000 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6, S.I. No. 662 of 2010.
Increase in fines, etc.
33.—(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
…
Section 62
Recovery of possession of dwellings and other buildings.
62.—F53[…]
Annotations
Amendments:
F53
Repealed (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 18(2), S.I. No. 121 of 2015.
Editorial Notes:
E166
Previous affecting provision: subs. (7) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992; section repealed as per F-note above.
E167
Previous affecting provision: subs. (4) amended and subs. (7) inserted (5.08.1970) by Housing Act 1970 (18/1970), s. 13, commenced on enactment; section repealed as per F-note above.
Section 107
Recovery of possession in certain circumstances of houses and dwellings sold or leased by housing authority.
107.—(1) If during the payment period—
(a) the owner of a house sold or leased under section 11 of the Housing (Ireland) Act, 1919, cannot be found or ascertained,
(b) a special condition applying as respects a dwelling is not complied with, or
(c) the owner of a dwelling sold or leased under section 90 of this Act cannot be found or ascertained,
the housing authority may (without prejudice to any other method of recovering possession) subject to the provisions of this section, apply to the justice of the District Court having jurisdiction in the district court district in which the house or dwelling is situate for the issue of a warrant under this section.
(2) Before making an application under subsection (1) of this section in relation to the non-compliance with a special condition applying as respects a dwelling, the housing authority shall give to the owner of the dwelling not less than twenty-one days’ notice in writing of their intention to make the application and every such notice shall state the grounds on which the application is to be based.
(3) Upon the hearing of an application under subsection (1) of this section grounded upon non-compliance with the special condition mentioned in paragraph (b) of section 89 of this Act, it shall be presumed, until the contrary is proved, that the condition has not been complied with.
(4) Upon the hearing of an application duly made under subsection (1) of this section, the justice of the District Court hearing the application shall—
(a) in case he is satisfied that the notice required by this section has been duly given and that a special condition mentioned in the notice has not been complied with, or
(b) in case he is satisfied that the owner of the house or dwelling cannot by reasonable enquiry be found or ascertained and on an undertaking being given by the authority in accordance with subsection (7) of this section,
issue the warrant.
(5) The provisions of sections 86, 87 and 88 of the Act of 1860 shall apply in respect of the issue of a warrant under this section subject to the modification that where as respects an application under subsection (1) of this section, the name of the owner of a house or dwelling cannot by reasonable enquiry be ascertained, a summons under the said section 86 may be addressed to “the owner” without naming him, and the warrant when so issued shall have the same effect as a warrant under the said section 86.
(6) Whenever a warrant is issued under this section and a housing authority recover possession of a house or dwelling by virtue of the warrant, the following provisions shall have effect:
(a) all the estate, right, interest and title of the person to whom the house or dwelling was leased or sold, and any other person claiming through or under him shall vest in the authority without any conveyance or transfer and thereupon the house or dwelling shall for all purposes be deemed to be a dwelling provided under this Act;
(b) all the terms or conditions, including any special condition, applied to the dwelling by virtue of this Part shall cease to apply thereto.
(7) In a case in which the owner cannot be found or ascertained, the housing authority may, at the hearing of an application under subsection (1) of this section, give to the court, as respects the relevant house or dwelling, an undertaking in writing to pay in accordance with an order of the court under subsection (8) of this section the appropriate amount or part thereof together with interest F75[at the rate at which on the date of the undertaking the authority could borrow from the Housing Finance Agency for the purposes of house purchase loans which are subject to a variable interest rate], and calculated as respects the period beginning on the date of the undertaking and ending either on the date of the direction of the court under the said subsection (8) or twelve years after such date, whichever is the earlier.
(8) Any person who, but for the provisions of subsection (6) of this section, would be entitled to all or part of the estate, right, interest and title in a house or dwelling mentioned in subsection (1) of this section and as respects which an undertaking is given under subsection (7) of this section, may make an application to the justice of the District Court having jurisdiction in the district court district in which the house or dwelling is situate for an order under this subsection and on the hearing of the application the justice may, if satisfied that the applicant would, but for the provisions of the said subsection (6) be entitled as aforesaid, order the payment to the applicant by the housing authority by whom an undertaking under the said subsection (7) was given of the appropriate amount and interest, or so much thereof as he shall in the particular circumstances of the case consider appropriate.
(9) In this section—
“the appropriate amount” means the value of the aggregate of any moneys paid to a housing authority in respect of the sale or lease by the authority of a house or dwelling mentioned in subsection (1) of this section and in relation to which the application is brought under subsection (8) of this section;
“cottage” means a cottage within the meaning of section 93 of this Act;
“payment period” means the period for payment to the housing authority of purchase or other money or of rent in respect of the relevant house or dwellings;
“special condition” means a special condition within the meaning of section 89 of this Act.
Annotations
Amendments:
F75
Substituted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 1 item 2, S.I. No. 449 of 2009.
Modifications (not altering text):
C55
Application of section restricted (19.08.1988) by Housing Act 1988 (28/1988), s. 17(3), S.I. No. 199 of 1988.
Mortgage of houses sold or leased by housing authorities.
17.— …
(3) Notwithstanding section 107 of the Principal Act, a housing authority shall, before making an application for a warrant under subsection (1) of that section in respect of a house sold or leased by them, give to a mortgagee in whose favour a mortgage on the house has been effected not less than two months’ notice in writing of the authority’s intention to make the application, and every such notice shall state the grounds on which the application is to be based.
Section 108
Capital money.
F76[108.—Capital money arising from the disposal of land under this Part of this Act shall be applied for a purpose approved of by the Minister.]
Annotations
Amendments:
F76
Substituted (19.08.1988) by Housing Act 1988 (28/1988), s. 22, S. I. No. 199 of 1988
F77
Repealed by Local Government Act 2001 (37/2001), s. 5(1) and sch. 3 part 1, not commenced as of date of revision, subject to exception in s. 6.
Modifications (not altering text):
C56
Section repealed by Local Government Act 2001 (37/2001), s. 5(1) and sch. 3 part 1, not commenced as of date of revision.
108.—F77[…]
12. Reconstruction or improvement of certain houses provided by housing authorities.
(1) The Minister may, on application by a housing authority and subject to subsection (2) [and (8)], determine that a group of houses provided by the authority shall be houses to which this section applies.
(2) A determination under subsection (1) shall be made only where the group of houses consists wholly or partly of houses of which the authority are the owner and which—
(a) are in need of reconstruction by reason of defects in their design or construction, or of deterioration due to age, or
(b) otherwise require works which, in the opinion of the Minister, are reasonably necessary for the purpose of rendering the houses more suitable for human habitation.
(3) A housing authority may, with the consent of the Minister, carry out reconstruction or improvement works to a house included in a group of houses to which this section applies where that house has been sold or leased by the authority.
(4) Where a housing authority carry out works to a house by virtue of subsection (3), they shall require the owner or lessee of the house to make such contribution as the authority may see fit or the Minister may direct towards the costs incurred by the authority.
(5) A contribution due to a housing authority under subsection (4) shall be recoverable by them as a simple contract debt in any court of competent jurisdiction.
(6) The Minister may specified such requirements as he sees fit in relation to the carrying out of environmental or ancillary works in respect of houses to which this section applies.
(7) This section shall be deemed to have come into operation on the 2nd day of October, 1984.
[(8)
(a) This section shall not apply to apartments in a designated apartment complex.
(b) For the purposes of paragraph (a), “apartments” and “designated apartment complex” have the same meaning as they have in section 50 of the Housing (Miscellaneous Provisions) Act 2009.]
Housing (Miscellaneous Provisions) Act 2009.
Chapter 5
Management and Control Functions
Section 28
Management and control functions.
28.— (1) Subject to this section, the management and control of any—
(a) dwelling, building, site or other land of which a housing authority is the owner, or
(b) works or services provided by the authority under the Housing Acts 1966 to 2009,
shall be vested in and exercised by the housing authority.
(2) Where a dwelling is provided by a housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000, the management and control of the common areas appurtenant to and enjoyed with the dwelling are not required to be vested in the housing authority under subsection (1).
(3) Subject to this section, a housing authority may perform management and control functions in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement.
(4) Subject to the Housing Acts 1966 to 2009 and regulations made thereunder, a housing authority may in respect of a dwelling or site to which subsection (1) (a) applies:
(a) allocate the dwelling to a household in accordance with section 22;
(b) specify the terms and conditions of the tenancy agreement between the housing authority and the tenant governing the letting of the dwelling in accordance with section 29;
(c) specify such rent and make any other charges for the tenancy, occupation or use of the dwelling as the housing authority may determine from time to time in accordance with section 31;
(d) in relation to any other building or land or works or services provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000, make such charges, whether by way of rent or otherwise, as it considers appropriate;
(e) sell the dwelling under section 90 of the Principal Act F29[, Part 3 or 4 of this Act or Part 3 of the Housing (Miscellaneous Provisions) Act 2014];
(f) carry out such works of maintenance, repair or refurbishment, or other activities, as the housing authority may consider necessary and appropriate, for the purposes of securing the proper maintenance of the dwelling or the estate in which the dwelling is situated and the good management of that estate, having regard to the objectives set out in its housing services plan.
(5) Subject to the Housing Acts 1966 to 2009 and regulations made thereunder, a housing authority may, in respect of a dwelling to which subsection (3) applies, subject to the provisions of any contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement:
(a) allocate the dwelling to a household in accordance with section 22;
(b) specify the terms and conditions of a tenancy agreement governing the letting of the dwelling in accordance with section 29, as appropriate;
(c) specify such rent and any other charges for the tenancy, occupation or use of the dwelling as the housing authority may determine from time to time in accordance with section 31;
(d) carry out such works of maintenance, repair or refurbishment or other activities, as the authority may consider necessary and appropriate, for the purposes of securing the proper maintenance of the dwelling or the estate in which the dwelling is situated and the good management of that estate, having regard to the objectives set out in its housing services plan.
(6) The Land Law (Ireland) Act 1881 shall not apply as respects the letting by a housing authority of an allotment provided under section 11 and such letting shall, unless a provision to the contrary is contained in a letting agreement, be deemed to be a letting for temporary convenience and determinable at the end of any month.
Annotations
Amendments:
F29
Substituted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(e), S.I. No. 482 of 2015.
Section 29
Tenancy agreements.
29.— (1) This section applies to—
(a) a dwelling referred to in section 28 (1), and
(b) a dwelling referred to in section 28 (3), other than a dwelling which is the subject of a rental accommodation availability agreement.
(2) The letting of a dwelling to which this section applies shall be subject to a tenancy agreement which shall be in writing, in the prescribed form and, subject to subsection (3)—
(a) shall include the terms and conditions specified in Schedule 3 under which the household is permitted to occupy or use the dwelling, and
(b) may include such other terms and conditions as the housing authority concerned considers necessary and appropriate in respect of the letting.
(3) In the case of a dwelling referred to in subsection (1) (b), the terms and conditions of a tenancy agreement shall be subject to the terms of the contract or lease between the housing authority and the owner of the dwelling.
(4) The Minister may by regulations prescribe all or any one or more of the following:
(a) the form or forms of tenancy agreement;
(b) the term of a tenancy by reference to a specified class or specified classes of dwelling and whether the tenancy is periodic or for a fixed term;
(c) the notice periods required for termination of a class or classes of tenancy by the housing authority or tenant, as the case may be;
(d) procedures for termination of a tenancy by the housing authority or tenant, as the case may be.
Section 29A 29A
F30[Revision of existing tenancy agreements.
29A. …]
Annotations
Amendments:
F30
Inserted by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 20, not commenced as of date of revision.
Modifications (not altering text):
C15
Prospective affecting provision: section inserted by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 20, not commenced as of date of revision.
F30[
Revision of existing tenancy agreements.
29A. (1) Where, by or under any provision of an Act (whether enacted before or after the passing of this Act), a term or condition of an existing tenancy agreement is affected or the need for a new term or condition arises by or under that provision, then, without prejudice to that provision duly having effect, the Minister may prescribe by regulations that a housing authority shall, in the interest of good estate management—
(a) revise the terms and conditions in a manner so prescribed, and
(b) give notice of that provision to the tenants concerned in a manner so prescribed.
(2) For the purposes of this section, regulations made under section 3 may—
(a) require the revision by housing authorities concerned of the terms and conditions in existing tenancy agreements—
(i) by substituting a prescribed term or condition for an affected term or condition,
(ii) by inserting a new term or condition, or
(iii) partly by so substituting and so inserting,
(b) require the re-issue of all or part of the terms and conditions of existing tenancy agreements to tenants concerned so as to take account of the matters referred to under paragraph (a), and
(c) prescribe the manner in which the tenants concerned are to be informed of the revision, which shall include writing to each tenant concerned and may include one or more of the following:
(i) by publication in a newspaper circulating within the administrative area of the housing authority concerned or, if a dwelling concerned is not situated in that area, in the area where it is situated;
(ii) by making it available on the Internet at the web address of the local authority concerned.]
Section 30
Delegation of management and control functions.
30.— (1) Subject to such regulations as may be made for the purposes of this section, a housing authority may delegate to a designated body all or any one or more of its functions (including maintenance) in respect of the management and control of a dwelling of which it is the owner.
(2) A delegation by a housing authority under subsection (1) shall specify—
(a) the designated body for the purposes of the delegation,
(b) the functions being delegated to the designated body, and
(c) the dwellings to which the delegation applies.
(3) Without prejudice to the generality of subsection (2), the Minister may make regulations providing for, but not necessarily limited 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.
(4) A housing authority may, at its 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.
(5) The delegation of a function to a designated body or the revocation of any such delegation under this section shall be reserved functions.
(6) A delegation under subsection (1) may provide for all or any of the following:
(a) arrangements in relation to the carrying out of works of maintenance, repair or environmental improvement or ancillary works;
(b) the collection of rent or any other charges due to the housing authority from a tenant, in accordance with a rent scheme under section 31;
(c) the assignment of all or any part of the proceeds of such rent or other charges to the designated body to defray in whole or in part the costs of management and maintenance of a dwelling and common areas appurtenant to such dwelling;
(d) the right of the housing authority to inspect any book, document or other record (including records stored in a non-legible form) of the designated body in relation to the management and control of a dwelling;
(e) assistance by the housing authority to the designated body whether financial or otherwise;
(f) any other related or incidental matter which the housing authority considers appropriate, including matters set out in the relevant housing services plan relating to the policy on management and maintenance of dwellings owned by the housing authority.
(7) For the purposes of this section “designated body” means an association, council, committee or other body whether corporate or unincorporated 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 unincorporated) approved of by the authority,
and
(b) declared by the authority by resolution to be a designated body for the purposes of this section.
Section 31
Rent schemes and charges.
31.— F31[(1) This section applies to a dwelling provided under the Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000—
(a) of which the housing authority is the owner,
(b) of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement, or
(c) in respect of which housing assistance is being provided under Part 4 of the Housing (Miscellaneous Provisions) Act 2014.]
F32[(2) (a) In this section references to rent include a rent contribution payable by a tenant under a Chapter 4 tenancy agreement.
(b) In this section, other than subsection (6)(h), references to rent include a rent contribution payable under section 44 of the Housing (Miscellaneous Provisions) Act 2014 by a tenant who is a member of a qualified household within the meaning of section 35 of that Act.]
F33[(2A) Where payments are made in respect of rent, arrears of rent, or rescheduling arrangements are entered into, by or on behalf of one or more members of the tenant’s household, then such payments or arrangements shall not of themselves create a tenancy arrangement between the housing authority and the members concerned and, accordingly, other than in respect of the tenant, no tenancy rights shall arise or continue as a consequence of such payments or arrangements.]
(3) A housing authority may, in accordance with this section, in respect of a dwelling to which this section applies—
(a) charge such rent or make such other charge for the tenancy or occupation thereof as it may determine from time to time, and
(b) in respect of works or services provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000, make such charge, whether by rent or otherwise, as it considers appropriate.
(4) Without prejudice to the generality of subsection (3), charges made under that subsection may include—
(a) charges relating to the provision of services to, and the insurance of, a dwelling and other charges relating to the management and control of the dwelling, and
(b) charges relating to—
(i) the management and control of common areas appurtenant to a dwelling where such common areas are also used by the occupants of other dwellings, and
(ii) the provision of services where those services are also provided to the occupants of other dwellings.
(5) F34[(a) A housing authority shall, in accordance with regulations made for the purposes of this section, not later than the date prescribed by the Minister for the purposes of this subsection, make a scheme (in this Act referred to as a “rent scheme”) providing for the manner in which rents and other charges referred to in subsection (3) shall be determined.]
(b) A housing authority may, from time to time, as it considers appropriate, or as the Minister directs, revoke the rent scheme and make a new rent scheme.
F35[(5A) For the purposes of this section and sections 33 and 34, arrears of rent or other payments due to a housing authority under section 58(3) of the Principal Act shall be deemed to be arrears of rent or other charges referred to in subsection (3).]
(6) The Minister may, for the purposes of this section, by regulations provide for the matters to be included in a rent scheme including:
(a) the manner in which the financial circumstances of households and their ability to pay rent shall be taken into account in determining rent, including the level, type and sources of household income that may be assessed for the purpose of determining rents;
(b) F36[…]
(c) the manner in which adjustments may be made to the rent in respect of any obligations imposed on the tenant under the tenancy agreement relating to the maintenance of the dwelling;
(d) the amount, or method of calculation, of any allowances in respect of rent which may be made for dependents;
(e) the procedure for rent review including rent increases during the period of the tenancy having regard to F36[…] any changes in household circumstances or income levels;
(f) the manner in which the charges referred to in subsection (4) shall be determined;
F37[(g) the waiving of rent and other charges, in whole or in part, on a temporary basis, in case of financial hardship;
(h) subject to subsection (6A), the manner in which a housing authority shall, having regard to—
(i) financial circumstances of households and their ability to pay rent,
(ii) the other provisions of regulations made under this subsection, and
(iii) any guidance issued in the matter under section 5,
determine rent and charges under this section during a transitional period that will expire on a date prescribed by the Minister, which date shall not be later than 2 years after the date subsection (3) comes into operation.]
F38[(6A) The Minister may, having regard to the composition, financial circumstances and ability to pay rent of a qualified household in receipt of housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014, prescribe the rent contribution that will be payable to a housing authority by a tenant who is a member of that household during the transitional period referred to in paragraph (h) of subsection (6). ]
(7) The making and revocation of a rent scheme are reserved functions.
(8) The charging of rents or other charges referred to in subsection (3) in respect of a dwelling to which this section applies and the review of such rents or other charges in accordance with a rent scheme are executive functions.
(9) A housing authority shall make a copy of its rent scheme available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours.
Annotations
Amendments:
F31
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 37, S.I. No. 364 of 2015.
F32
Substituted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(3), S.I. No. 404 of 2014.
F33
Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 56(a), S.I. No. 404 of 2014.
F34
Substituted (2.07.2013) by Housing (Amendment) Act 2013 (22/2013), s. 1(a), commenced on enactment.
F35
Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 56(b), S.I. No. 404 of 2014.
F36
Deleted (2.07.2013) by Housing (Amendment) Act 2013 (22/2013), s. 1(b), commenced on enactment.
F37
Substituted and inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 56(c), S.I. No. 404 of 2014.
F38
Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 56(d), S.I. No. 404 of 2014.
Section 32
Information requirements.
32.— (1) This section applies to—
(a) a household which has applied for housing support and in respect of whom a decision has not been made to provide a dwelling or site, including a household which applied for housing support before the coming into operation of this section,
(b) a household in respect of whom—
(i) a social housing assessment is being carried out under section 20 (3), and
(ii) a decision has not yet been made to allocate a dwelling,
(ba) a household that has been determined by a housing authority to be qualified for social housing support and is seeking housing assistance in respect of a particular dwelling, and
(c) a household in receipt of housing support, whether before or after the coming into operation of this section.
(2) In the performance of its functions under the Housing Acts 1966 to 2009, a housing authority may request—
(a) a household to which this section applies, to give to the housing authority all or any of the following information:
(i) the number of household members, together with the age, sex, occupation and condition of health of each member;
(ii) the weekly income of each household member, including any assistance, benefit or allowance received by or on behalf of any household member under the Social Welfare Acts, the Health Acts 1947 to 2008 or the legislation of any other state or from any other source;
(iii) the means of transport available to the household and the cost of such transport,
and
(b) in the case of a household referred to in F41[paragraph (a), (b) or (ba) of subsection (1)], to give to it all or any of the following information:
(i) the terms upon which premises are currently occupied by the household, the amount of rent payable in respect of such premises and the name and address of the person to whom rent is payable;
(ii) any dwelling or site provided by a housing authority, or an approved body, previously let or sold to the household or any household member at any time before the application is made;
(iii) any dwelling previously let to the household or any household member under a Chapter 4 tenancy agreement at any time before the application is made.
(3) A request for information shall be in writing and shall specify a period of not less than 14 days from the date of the request within which the information shall be given to the housing authority.
(4) Information shall be given in writing unless the housing authority agrees to the information being given in another form and subject to any conditions it may specify.
(5) Without prejudice to subsection (2), for the purposes of carrying out social housing assessments under section 20, the Minister may make regulations providing for—
(a) the form in which an application for social housing support shall be made, including by electronic means,
(b) the information and particulars to be provided by a household applying for social housing support and verification of such information and particulars,
(c) the furnishing of such additional information as a housing authority considers appropriate for the purposes of carrying out an assessment,
(d) the period within which the information and particulars, including any additional information, shall be provided by the household concerned, and
(e) such other matters as the Minister considers necessary and appropriate.
F42[(5A) Without prejudice to subsection (2), for the purpose of enabling a housing authority to consider a request from a qualified household for housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014 in respect of a particular dwelling, the Minister may make regulations providing for—
(a) the information and particulars to be provided by the household in respect of the dwelling, the landlord involved and, in relevant cases, the person or person with whom the household proposes to reside in the dwelling, and the verification of such information and particulars,
(b) the furnishing of such additional information as the authority considers appropriate for the purposes of considering the request,
(c) the period within which the information and particulars including any additional information, shall be provided by the household concerned, and
(d) such other matters as the Minister considers necessary and appropriate.]
(6) (a) Without prejudice to subsection (2), the Minister may make regulations for the purposes of—
(i) the purchase of a dwelling under an incremental purchase arrangement under Part 3 ,
(ii) the purchase of an apartment under Part 4, F43[…]
F44[(iia) the purchase of a house under Part 3 of the Housing (Miscellaneous Provisions) Act 2014, or]
F45[(iii) the purchase of an affordable dwelling within the meaning of section 4 of the Affordable Housing Act 2021 under Part 2 of that Act].
(b) Regulations made under this subsection may provide for the following:
(i) the form and manner in which an application to purchase may be made, including by electronic means;
(ii) the information and particulars to be provided by a household applying to purchase and verification of such information and particulars;
(iii) the furnishing of such additional information as the housing authority considers appropriate for the purposes of considering the application;
(iv) the period within which the information and particulars, including any additional information, shall be provided by the household making the application, and
(v) such other matters as the Minister considers necessary and appropriate.
(7) (a) A person is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,000 where he or she is a member of a household requested to give information to a housing authority under this section or any regulations made under subsection (5) or (6), as the case may be, and he or she—
(i) knowingly makes any statement or representation (whether written or verbal) which is to his or her knowledge false or misleading in any material respect, or knowingly conceals any material fact, or
(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular.
(b) An offence under paragraph (a) may be prosecuted by the housing authority who requested the information referred to in that paragraph.
(8) Where a person is convicted of an offence under subsection (7) (a) and by reason of that offence the housing authority incurred a higher level of expenditure in providing housing support for a household than it would have incurred otherwise, any such expenditure shall be repayable to the housing authority and the person or the personal representative of that person shall be liable to pay to the housing authority, on demand, the expenditure so repayable and that expenditure, if not so repaid, may be recovered by the housing authority as a simple contract debt in any court of competent jurisdiction.
(9) Where a person is convicted of an offence under subsection (7) (a) and by reason of that offence the housing authority charged a lower rent in respect of the provision of housing support than it would otherwise have charged, the amount by which the rent was undercharged shall be repayable to the housing authority and the person or the personal representative of that person shall be liable to pay to the housing authority, on demand, the amount so repayable and that amount, if not so repaid, may be recovered by the housing authority as a simple contract debt in any court of competent jurisdiction.
Annotations
Amendments:
F39
Deleted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(4)(a), S.I. No. 404 of 2014.
F40
Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(4)(a), S.I. No. 404 of 2014.
F41
Substituted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(4)(b), S.I. No. 404 of 2014.
F42
Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(4)(c), S.I. No. 404 of 2014.
F43
Repealed (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(f), S.I. No. 482 of 2015.
F44
Inserted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(f), S.I. No. 482 of 2015.
F45
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 26(c), S.I. No. 450 of 2021.
Editorial Notes:
E45
Power pursuant to section exercised (7.09.2022) by Social Housing Assessment (Amendment) (No. 2) Regulations 2022 (S.I. No. 446 of 2022).
E46
Power pursuant to section exercised (14.03.2022) by Social Housing Assessment (Amendment) Regulations 2022 (S.I. No. 73 of 2022), in effect as per reg. 2.
E47
Power pursuant to section exercised (19.04.2021) by Social Housing Assessment (Amendment) Regulations 2021 (S.I. No. 116 of 2021), in effect as per reg. 2.
E48
Power pursuant to section exercised (2.06.2016) by Social Housing Assessment (Amendment) Regulations 2016 (S.I. No. 288 of 2016).
E49
Power pursuant to section exercised (1.01.2016) by Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), in effect as per reg. 2.
E50
Power pursuant to section exercised (15.09.2014) by Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014), in effect as per reg. 2.
E51
Power pursuant to subs. (6) exercised (1.01.2012) by Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011), in effect as per reg. 2.
E52
Power pursuant to section exercised (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), in effect as per reg. 2.
E53
Power pursuant to section exercised (1.04.2011) by Social Housing Assessment (Amendment) Regulations 2011 (S.I. No. 136 of 2011), in effect as per reg. 2.
E54
Power pursuant to section exercised (1.04.2011) by Social Housing Assessment Regulations 2011 (S.I. No. 84 of 2011), in effect as per reg. 2; as amended (1.04.2011) by Social Housing Assessment (Amendment) Regulations 2011 (S.I. No. 136 of 2011), in effect as per reg. 2 and (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), in effect as per reg. 2.
E55
Power pursuant to subs. (6) exercised (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), in effect as per reg. 2.
Section 33
Moneys owing to housing authority.
33.— (1) This section applies to the following provisions:
(a) sections 28, 31, 32(8) and (9), 47(4), 48(5) and (6), 75(4), 76(5), 98 and 99;
(b) section 13 of the Act of 1988;
(c) sections 3 and 11 of the Act of 1992;
(d) section 25 of the Housing (Traveller Accommodation) Act 1998; and
(e) sections 9 and 10 of the Act of 2002.
(2) Interest is payable in accordance with this section on so much of any rent, charges, fees or loan repayments or any other moneys due and owing to a housing authority under any of the provisions to which this section applies which remain unpaid in respect of the period between the date on which the moneys become payable and the date on which payment is made.
(3) The rate of interest payable under subsection (2) shall be that for the time being prescribed for the purposes of this section but in any case shall not be more than the rate for the time being applicable to a High Court civil judgement debt.
(4) Where there are moneys due and owing by a household to a housing authority under any of the provisions to which this section applies and, at the same time, another sum is due by the local authority concerned to that household, the former sum may be set off against the latter, in whole or in part, as appropriate.
Annotations
Editorial Notes:
E56
Power pursuant to section exercised (14.06.2010) by Housing (Interest on Moneys Owed to Housing Authorities) (Amendment) Regulations 2010 (S.I. No. 483 of 2010), in effect as per reg. 2.
E57
Power pursuant to section exercised (14.06.2010) by Housing (Interest on Moneys Owed to Housing Authorities) Regulations 2010 (S.I. No. 254 of 2010), in effect as per reg. 2, as amended (14.06.2010) by Housing (Interest on Moneys Owed to Housing Authorities) (Amendment) Regulations 2010 (S.I. No. 483 of 2010), in effect as per reg. 2.
Section 34
Arrangements with households for payment of moneys due and owing to housing authority.
34.— (1) This section applies to the following provisions:
(a) sections 28, 31 and 32 (8) and (9);
(b) section 13 of the Act of 1988;
(c) sections 3 and 11 of the Act of 1992, and
(d) section 25 of the Housing (Traveller Accommodation) Act 1998.
(2) Where there are moneys due and owing by a household to a housing authority under any of the provisions to which this section applies and the housing authority is satisfied that the household would otherwise suffer undue hardship, the housing authority may enter into arrangements with the household for the payment of those moneys (together with any interest that may have accrued under section 33 (2)) by such instalments and at such times as the housing authority considers reasonable in all the circumstances in addition to any rent, charges, fees or loan repayments that the household is paying to the authority.