Letting Standards

Housing Miscellaneous Provisions Act 1992

Minimum notice to quit, etc.

(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 let for 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 this 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,

(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 a tenancy of a house is to be served more than four weeks before the date on which it is to take effect.

Rent books.

(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;

(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 of this 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.

Standards for rented houses.

(1) The Minister may make regulations prescribing standards for houses (including any common areas[…]) let [or available for letting] 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.

[…]

(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 [and any common areas] in a proper state of structural repair and in good general repair;

(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;]

[(h) fire safety.]

[(8) For the purposes of subsection (7)(b) “a proper state of structural repair” means sound, internally and externally, with roof, roofing tiles and slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascia, tiles on any floor, ceiling and wall, gutters, down pipes, fittings, furnishings, gardens and common areas maintained in good condition and repair and not defective due to dampness or otherwise.]

[(9) In this section and sections 18A and 18B—

“common areas” means common areas, works and services that are appurtenant to houses and enjoyed therewith and that are in the ownership or under the control of the landlord;

“landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a house by the tenant thereof;

“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied;

“tenant” means the person for the time being entitled to the occupation of a house under a tenancy.]

18A. [

Improvement notice.

(1) Where, in the opinion of a housing authority, a landlord is contravening or has contravened a requirement of a regulation made under section 18, the authority may give notice in writing (in this Act referred to as an “improvement notice”) to the landlord of the house concerned.

(2) An improvement notice shall—

(a) state that the housing authority is of the opinion referred to in subsection (1),

(b) state the reasons for that opinion,

(d) direct the landlord to remedy the contravention within the period specified in the notice commencing on the date specified therein, which date shall not be earlier than the end of the period within which an objection may be submitted under subsection (6),

(e) include information regarding the submission of an objection and the making of an appeal in relation to the notice, specifying—

(i) the form and manner of an objection,

(ii) the form and manner of an appeal, and

(iii) the address of the housing authority for

the purpose of submitting an objection under subsection (6) or notifying the authority of an appeal under subsection (7), as the case may be,

(f) contain a statement that if an objection is not submitted in accordance with subsection (6) and within the period specified in that subsection then—

(i) the notice will be treated as not disputed, and

(ii) the landlord will be deemed to have accepted the notice and to have agreed to comply with the direction within the period specified therein,

and

(g) be signed and dated by the housing authority.

(3) An improvement notice may include directions as to the measures to be taken to remedy the contravention to which the notice relates or to otherwise comply with the notice.

(4) Where an improvement notice is given under subsection (1), the housing authority shall give a copy to the tenant of the house concerned.

(5)

(a) A landlord to whom an improvement notice has been given who is of the opinion that the improvement notice has been complied with shall, before the expiration of the period specified in the notice for the purpose of subsection (2)(d), confirm in writing to the housing authority that the matters referred to in the notice have been so remedied and shall give a copy of the confirmation to the tenant.

(b) Where a landlord confirms to the housing authority in accordance with paragraph (a) that the matters referred to in the improvement notice have been remedied, the housing authority, on being satisfied that the matters have been so remedied, shall, within 28 days of receiving such confirmation, give notice in writing to the landlord of compliance with the improvement notice and shall give a copy of the notice to the tenant.

(c) The notice under paragraph (b) does not preclude any inspection which the housing authority considers necessary in relation to the house concerned or the service of a further improvement notice which the authority may consider necessary.

(6) A landlord aggrieved by an improvement notice may, within 14 days beginning on the day on which the notice is given to him or her, submit an objection to the notice in the form and manner specified in the notice, and the housing authority shall consider the objection and, as it sees fit, vary, withdraw, cancel or confirm the notice and shall notify the landlord in writing of the decision and the reasons for the decision within 14 days after receipt of the objection.

(7)

(a) The landlord may, no later than 14 days after the decision under subsection (6) is notified by the housing authority to him or her, appeal the decision to a judge of the District Court in the district court district in which the notice was served.

(b) A landlord who appeals under paragraph (a) shall at the same time notify the housing authority in writing of the appeal and the grounds for the appeal.

(d) In determining an appeal under paragraph (a), the judge of the District Court may confirm, vary or cancel the improvement notice if he or she considers it reasonable to do so.

(8) Where an objection is submitted under subsection (6) and no appeal is made under subsection (7) against the decision of the housing authority and the improvement notice is neither withdrawn nor cancelled, the notice takes effect on the later of the following:

(a) the day after the day on which the notice is confirmed or varied;

(b) the day after the objection is withdrawn by the landlord;

(9) Where an appeal is made under subsection (7) and the improvement notice is neither withdrawn nor cancelled, the notice takes effect on the later of the following:

(a) the day after the day on which the notice is confirmed or varied on appeal;

(b) the day after the appeal is withdrawn by the landlord;

(10) Where no objection is submitted under subsection (6) the improvement notice takes effect on the date specified in the notice.

(11) The housing authority may—

(a) withdraw an improvement notice at any time, or

(b) where no objection is submitted or appeal made or pending, extend the date specified in the notice for the purposes of subsection (2)(d).

(12) Withdrawal of an improvement notice under subsection (11) does not prevent the giving of another improvement notice, whether in respect of the same matter or a different matter.]

18B. [

Prohibition notice.

(1) Where a landlord fails to comply with an improvement notice in accordance with section 18A, the housing authority may give notice in writing (in this Act referred to as a “prohibition notice”) to the landlord of the house concerned.

(2) A prohibition notice shall—

(a) state that the housing authority is of the opinion that the landlord has failed to comply with an improvement notice,

(b) direct that the landlord shall not re-let the house for rent or other valuable consideration until the landlord has remedied the contravention to which the improvement notice relates,

(i) the form and manner of an appeal, and

(ii) the address of the housing authority for the purpose of notifying the authority of an appeal under subsection (4), and

(d) be signed and dated by the housing authority.

(3) Where a prohibition notice is given under subsection (1), the housing authority shall give a copy to the tenant of the house concerned.

(4)

(a) A landlord aggrieved by a prohibition notice may, within 14 days beginning on the day on which the notice is given to him or her, appeal the notice to a judge of the District Court in the district court district in which the notice was served.

(b) A landlord who appeals under paragraph (a) shall at the same time notify the housing authority in writing of the appeal and the grounds for the appeal.

(d) In determining an appeal under paragraph (a), the judge of the District Court may confirm, vary or cancel the prohibition notice if he or she considers it reasonable to do so.

(5) A prohibition notice shall take effect—

(a) in the case of an appeal under subsection (4), on the later of the following:

(i) the day after the day on which the notice is confirmed or varied on appeal;

(ii) the day after the appeal is withdrawn by the landlord;

(iii) the expiry, whether by termination or otherwise, of the tenancy existing on the day on which the prohibition notice is given to the landlord,

(b) in any other case on the later of the following:

(i) the day after the expiry of the period allowed by subsection (4)(a) for making an appeal;

(ii) the expiry, whether by termination or otherwise, of the tenancy existing on the day on which the prohibition notice is given to the landlord.

(6) A landlord to whom a prohibition notice has been given who is of the opinion that the matters to which the notice relates have been remedied shall confirm in writing to the housing authority that those matters have been so remedied and shall give a copy of the confirmation to the tenant.

(7) Where a landlord on whom a prohibition notice has been served confirms in writing to the housing authority in accordance with subsection (6) that the matters to which the notice relates have been remedied, the housing authority, on being satisfied that the matters have been so remedied, shall, within 28 days of such confirmation, give written notice to the landlord of compliance with the prohibition notice and shall give a copy of the notice to the tenant of the house concerned.

(8) A housing authority may at any time withdraw a prohibition notice by notice in writing to the landlord to whom it was given.

(9) Withdrawal of a prohibition notice under subsection (8) does not prevent the giving of another prohibition notice.

(10) A housing authority shall, in the interests of public health and safety, make such arrangements as they consider appropriate or necessary to bring the contents of a prohibition notice to the attention of the public.]

S.I. No. 137/2019 –

Housing (Standards For Rented Houses) Regulations 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th April, 2019.

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 5 (as amended by section 24 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992)) of the Housing Act 1966 (No. 21 of 1966) and by section 18 (as amended by section 8 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009)) of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992) (as adapted by the Environment, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2016 ( S.I. No. 394 of 2016 )), hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Housing (Standards for Rented Houses) Regulations 2019.

(2) These Regulations come into operation on 1 May 2019.

Interpretation

2. (1) In these Regulations—

“habitable room” means a room used for living or sleeping purposes but does not include a kitchen having a floor area of less than 6.5 square meters.

(2) Any requirement of these Regulations with respect to repair shall be construed as requiring a standard of repair that is reasonable in all the circumstances and, in determining the appropriate standard of repair, regard shall be had to the age, character and prospective life of the house.

(3) Nothing in these Regulations shall be taken—

(a) as requiring or authorising anything to be done in connection with a water supply, drainage system or the supply of gas or electricity other- wise than in accordance with the enactments relating thereto,

(b) as creating an obligation to—

(i) take any action which is the responsibility of a local authority or statutory undertaker, other than such action as may be necessary to bring the matter to the attention of the local authority or statutory undertaker concerned, or

(ii) repair or maintain in good repair, working order or in a clean condition anything which a tenant is entitled to remove from a house.

(4) Regulation 2(3) shall not be construed as exempting a housing authority from their duties under these Regulations as respects a house let or available for letting by them.

(5) In this Regulation:

“local authority” has the meaning assigned to it by the Local Government Act 2001 (No. 37 of 2001);

“statutory undertaker” means a person authorised by or under statute to construct, work, or carry on a railway, canal, inland navigation, dock, harbour, gas, electricity, telephone, postal, water, wastewater or other public undertaking.

Application

3. (1) Subject to paragraph 2, these Regulations shall apply to every house let, or available for letting, for rent or other valuable consideration solely as a house unless the house is let or available for letting—

(a) to a person only for the purpose of conferring on that person the right to occupy the house for a holiday,

(b) by the Health Service Executive or by an approved body, as accommodation with sanitary, cooking or dining facilities provided for communal use within the building which contains the house, or

(c) by a housing authority pursuant to any of their functions under the Housing Acts 1966 to 2014, and is a caravan, mobile home or a structure or a thing (whether on wheels or not) that is capable of being moved from one place to another (whether by towing, transport on a vehicle or trailer, or otherwise).

(2) In Regulation 3(1) (b) “approved body” means—

(a) a body standing approved of under section 6 of the Housing (Miscellaneous Provisions) Act 1992 , or

(b) a voluntary body standing approved of by the Minister for Health or by the Health Service Executive for the purposes of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder.

Structural Condition

4. (1) A house to which these Regulations apply (hereinafter referred to as “the house”) shall be maintained in a proper state of structural repair.

(2) For the purposes of Regulation 4(1) ‘a proper state of structural repair’ means sound, internally and externally, with roof, roofing tiles and slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascia, tiles on any floor, ceiling and wall, gutters, down pipes, fittings, furnishings, gardens and common areas maintained in good condition and repair and not defective due to dampness or otherwise.

(3) Where a window has an opening section through which a person may fall, and the bottom of the opening section is more than 1400mm above external ground level, suitable safety restrictors shall be fitted. Safety restrictors shall restrain the window sufficiently to prevent such falls.

(4) Where necessary, adequate provision shall be made to prevent harbourage or ingress of pests or vermin.

Sanitary Facilities

5. (1) There shall be provided within the same habitable area of the house, for the exclusive use of the house:

(a) A water closet, with dedicated wash hand basin adjacent thereto with a continuous supply of cold water and a facility for the piped supply of hot water, and

(b) A fixed bath or shower with continuous supply of cold water and a facility for the piped supply of hot water.

(2) The requirements of Regulation 5(1) shall:

(i) be maintained in a safe condition and good working order,

(ii) have safe and effective means of drainage,

(iii) be properly insulated,

(iv) have minimum capacity requirements for hot and cold water stor- age facilities, and

(v) be provided in a room separated from other rooms by a wall and a door and containing separate ventilation.

Heating Facilities

6. (1) Every room used, or intended for use, by the tenant of the house as a habitable room, and any bathroom, or shower-room shall contain a permanently fixed:

(a) heat emitter,

(b) heat distribution system, or

capable of providing effective heating.

(2) Every room referred to in Regulation 6(1) shall contain suitable and adequate facilities for the safe and effective removal of fumes and other products of combustion to the external air where a heat producing appliance is used.

(3) A heat producing appliance referred to in Regulation 6(1)(c) shall be so installed that there is an adequate supply of air to it for combustion, to prevent overheating and for the efficient working of any flue pipe or chimney serving the appliance.

(4) The operation of any:

(a) heat emitter,

(b) heat distribution system, or

as referred to in Regulation 6(1) shall be capable of being independently manageable by the tenant.

(5) All appliances under Regulation 6(1) shall be maintained in a safe condition and in good working order and good repair.

(6) Each house shall contain, where necessary, suitably located devices for the detection and alarm of carbon monoxide.

Food Preparation and Storage and Laundry

7. (1) Notwithstanding paragraph (4), paragraphs (2) and (3) shall not apply where the house is let or available for letting –

(i) by a housing authority under the Housing Acts 1966 to 2014,

(ii) by a housing body approved under Section 6 of the Housing (Miscellaneous Provisions) Act 1992 , or

(iii) for a minimum lease period of 10 years under a tenancy agreement.

(2) Subject to paragraph (1), there shall be provided, within the same habit- able area of the house, for the exclusive use of the house:

(a) 4 ring hob with oven and grill,

(b) Suitable facilities for the effective and safe removal of fumes to the external air by means of a cooker hood or extractor fan,

(d) Microwave oven,

(e) Sink, with a piped supply of potable cold water taken direct from the service pipe supplying water from the public main or other source to the building containing the house and a facility for the piped supply of hot water, and an adequate draining area,

(f) Suitable and adequate number of kitchen presses for food storage purposes,

(g) Washing machine, or access to a communal washing machine facility within the curtilage of the building, and

(h) Where the house does not contain a garden or yard for the exclusive use of that house, a dryer (vented or recirculation type) or access to a communal dryer facility.

(3) All facilities under Regulation 7(2) shall be maintained in a safe condition and in good working order and good repair.

(4) Responsibility for maintenance of facilities under Regulation 7(2) shall rest with the landlord.

(5) Where a house is let or available for letting:

(a) by a housing authority under the Housing Acts 1966 to 2014,

(b) by a housing body approved under Section 6 of the Housing (Miscellaneous Provisions) Act 1992 , or

there shall be provided, within the same habitable area of the house, for the exclusive use of the house:

(i) facilities for the installation of cooking equipment,

(ii) Sink, with a piped supply of potable cold water taken direct from the service pipe supplying water from the public main or other source to the building containing the house and a facility for the piped supply of hot water, and an adequate draining area,

(iii) Suitable facilities for the effective and safe removal of fumes to the external air by means of a cooker hood or extractor fan, and

(iv) Suitable and adequate number of kitchen presses for food storage purposes.

Ventilation

8. (1) Every room used, or intended for use, by the tenant of the house as a habitable room shall have adequate ventilation.

(2) All means of ventilation shall be maintained in good repair and working order.

(3) Adequate ventilation shall be provided for the removal of water vapour from every kitchen and bathroom.

Lighting

9. (1) Every room used, or intended for use, by the tenant of the house as a habitable room, shall have adequate natural lighting.

(2) Every hall, stairs, and landing within the house and every room used, or intended for use, by the tenant of the house shall have a suitable and adequate means of artificial lighting.

(3) The windows of every room containing a bath or shower and a water closet shall be suitably and adequately screened to ensure privacy.

Fire Safety

10. (1) Each house shall contain a suitable self-contained fire detection and alarm system.

(2) Each house shall contain a suitably located fire blanket.

(3) Each self-contained house in a multi-unit building shall contain a suitable fire detection and alarm system and an emergency evacuation plan.

(4) A suitable fire detection and alarm system shall be provided in common areas within a multi-unit building.

(5) Emergency lighting shall be provided in all common areas within a multi- unit building.

(6) Fire detection and alarm systems and emergency lighting systems required under Regulation 10(4) and 10(5) shall be maintained in accordance with current standards.

(7) In this Regulation:

“Current standards” means standards produced by the National Standards Authority of Ireland for Fire Detection and Fire Alarm Systems in Buildings and for Emergency Lighting.

“Multi-unit building” means a building that contains 2 or more houses that share a common access.

Refuse Facilities

11. The house shall have access to suitable and adequate pest and vermin proof refuse storage facilities.

Gas, Oil and Electricity Installations

12. Installations for the supply of gas, oil and electricity including pipework, storage facilities and electrical distribution boxes shall be maintained in good repair and safe working order.

Information

13. Sufficient information shall be provided to the tenant about the rented property, the fixed building services, appliances and their routine maintenance requirements so that the occupant can operate them correctly.

Revocation

14. (1) The Housing (Standards for Rented Houses) Regulations 2017 ( S.I. No. 17 of 2017 ) are revoked.

http://www.irishstatutebook.ie/images/ls

GIVEN under my Official Seal,

1 April, 2019.

EOGHAN MURPHY,

Minister for Housing, Planning and Local Government.

Explanatory Note

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations require landlords of rented houses (including flats and maisonettes), with some exceptions, to ensure that such houses meet certain minimum standards. The standards relate to, inter alia, structural condition, pro- vision of sanitary facilities, food preparation, storage and laundry, availability of adequate heating, lighting and ventilation, safety of oil, electricity and gas installations, fire safety and refuse facilities. The Regulations come into operation generally on 1 May 2019. The Regulations replace the Housing (Standards for Rented Houses) Regulations 2017.