Housing Loans
Housing (Miscellaneous Provisions) Act 1992
11. Housing loans by housing authorities.
(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 acquisation 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 possessions of a house, property or other land under subsection (5), the provisions of section 21 (3) of the Conveyance Act, 1881, shall apply as if—
(a) the authority were a mortagagee 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 mortgage in such a sale.
(9) Where a housing authority recover possessions 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 reasonable by 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 pripority, 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 of the 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 agreements 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 arbitator 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 or 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 this 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 respects 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, form time to time, be determined by the Minister;
(k) requirements in relation to standardes 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, Swerage or other services;
(l) requirements, in the case for 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 payments 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 is 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 to 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 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 successors in title of that person and the personal representative of that person or successor in title.
12. Security of abandoned houses.
(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 to reside with the 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 of 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 without prejudice to due process of law for recovering possession of the house or any proceedings for the recovery possessions 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 reasonable necessary to secure and protect the house.
(2) Where the address at the 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 in to secure and protect the house under subsection (1).
(3) The expenses incurred by a housing authority or the Housings Finance Agency Plac 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 compentent jurisdiction, or.
(b) by any addition to the capital debt outstanding on the relevant loan.
(4) In this section—
“borrower” means the persons to whom a relevant loans has been made and includes a successors in title of that persons 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.
13. Disposal of house mortgages.
(1) The Minister may, with the consent of the Minister for Finance and after consultation with the Central Bank […], 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 assignments of mortagages in contravations 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 of a 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 mortagages;
(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 assignments 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 of the loan to which the mortgage relates,
(ii) procedure and policy in relation to the treatment of appears of payments due under the mortagage;
(e) the prohibition or restruction of the charging of redemption fees by the transferee, purchaser or assignee;
(f) the insurance of the mortgaged property and its arrangements;
(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 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.
14. Disposal of mortgages held by housing authorities of Housing Finance Agency plc.
(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 mortgages by 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 mortageges under this section.
(4) The transfer, sale or assignment of mortagages under this section by a housing authority shall, unless it is the subject of a direction by the Minister, be a reserved function.
15. Transfer to Housing Finance Agency plc of certain Local Loans Fund loans.
(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 Funds 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 init under subsection (2), the Housing Finance Agency plc shall, on the date of such vesting, pay into the Local Loans Funds 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 undertaking 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) This 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.
21. Statutory declarations.
It shall be lawful for a member of the Garda Síochána 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.