Social Housing

Table of Contents

Housing (Miscellaneous Provisions) Act 2009

Chapter 3

Social Housing Support

Section 19

Provision of social housing support.

19.— (1) A housing authority may, in accordance with the Housing Acts 1966 to 2009 and regulations made thereunder, provide, facilitate or manage the provision of social housing support.

(2) Without prejudice to the generality of subsection (1), social housing support may include all or any of the following:

(a) dwellings provided by a housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000, other than affordable housing;

(b) dwellings provided by an approved body;

F15[(bb) providing housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014;]

F16[(c) the sale of a dwelling under section 90 of the Principal Act or Part 3 or 4, or the sale of a house under Part 3 of the Housing (Miscellaneous Provisions) Act 2014; ]

(d) entering into and maintaining rental accommodation availability agreements;

(e) the provision of sites for caravans referred to in section 13 of the Act of 1988 and any accommodation provided to travellers under the Housing (Traveller Accommodation) Act 1998;

(f) the provision of sites for building purposes under section 57 of the Principal Act.

(3) A housing authority may, in accordance with the Housing Acts 1966 to 2009 and regulations made thereunder, for the purposes of providing social housing support to households, whether provided on a permanent or temporary basis—

(a) purchase, build, lease or otherwise acquire dwellings or sites,

(b) convert buildings, and

(4) In performing its functions under subsections (2) and (3) a housing authority shall have regard to its housing services plan and the need to—

(a) counteract undue segregation in housing between persons of different social backgrounds, and

(b) ensure that a mixture of dwelling types and sizes and of classes of tenure is provided to reasonably match the requirements of households.

(5) A housing authority may, with the approval of the Minister, enter into a public private partnership arrangement for the performance of its functions under subsection (1).

(6) F17[…]

Annotations

Amendments:

F15
Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(1), S.I. No. 404 of 2014.

F16
Substituted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(c), S.I. No. 482 of 2015.

F17
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.

Modifications (not altering text):

C8
Definition of social housing support construed (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 35(1), S.I. No. 424 of 2021.

Cost rental tenancy not social housing support

35. (1) For the avoidance of doubt, a tenancy in respect of a cost rental dwelling is not social housing support within the meaning of section 19 of the Act of 2009, notwithstanding that the dwelling may be provided or let by a housing authority, or by an approved housing body.

(2) Where housing assistance in respect of a cost rental dwelling is provided to a household specified in section 34 such assistance shall be deemed to be an appropriate form of social housing support for a household that is determined by a housing authority under section 20 of the Act of 2009 to be qualified for such support.

C9
Power of Housing Authority to provide housing supports referred to in subs. (2)(a), (c) and (d) restricted by Social Housing Assessment Regulations 2011 (S.I. No. 84 of 2011), reg. 25A, as inserted (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), reg. 3(i), in effect as per reg. 2

[25A. (1) Subject to paragraph (2), in making a determination as to the most appropriate form of social housing support for a qualified household, a housing authority shall not consider the provision of the social housing supports referred to in paragraphs (a), (c) and (d) of section 19(2) of the Act of 2009 where a household member either or both:

(a) damaged a dwelling or site previously provided by any housing authority and neither repaired the property nor paid for the cost of repairs, and

(b) breached the terms of the tenancy agreement for a dwelling or site provided by a housing authority, in consequence of which that authority terminated the tenancy.

(2) A housing authority may consider a household referred to in paragraph (1) for the provision of social housing support, without restriction, where the authority is satisfied that such consideration is warranted by exceptional circumstances and does not conflict with good estate management.]

C10
Power of Housing Authority to provide housing supports referred to in subs. (2)(a), (c) and (d) restricted (1.04.2011) by Social Housing Assessment Regulations 2011 (S.I. No. 84 of 2011), reg. 25, in effect as per reg. 2, as substituted (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), reg. 3(i), in effect as per reg. 2.

Support previously provided

[25. In making a determination as to the most appropriate form of social housing support for a qualified household, a housing authority shall not consider the provision of the social housing supports referred to in paragraphs (a), (c) and (d) of section 19(2) of the Act of 2009 where a household member was previously a tenant of a dwelling or site provided by a housing authority and incurred arrears of rent for an accumulated period of 12 weeks or more in any period of 3 years as such tenant, which arrears have not been paid and the household member concerned has not entered into an arrangement with the housing authority for the payment of such moneys or, having entered into such an arrangement, has not substantially complied with its terms.]

Section 20

Social housing assessment.

20.—F18[(1) For the purposes of this section “household” means—

(a) a person who lives alone,

(b) 2 or more persons who live together, or

(c) 2 or more persons who do not live together but who, in the opinion of the housing authority concerned, have a reasonable requirement to live together.]

(2) Where a household applies for social housing support, the housing authority concerned shall, subject to and in accordance with regulations made for the purposes of this section, carry out an assessment (in this Act referred to as a “social housing assessment”) of the household’s eligibility, and need for, social housing support for the purposes of determining—

(a) whether the household is qualified for such support, and

F19[(b) an appropriate form of such support for that household.]

F20[(3) A housing authority may carry out a social housing assessment in respect of a household where a household member is in receipt of a supplement under section 198(3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable in respect of his or her residence.]

(4) The Minister may make regulations providing for the means by which the eligibility of households for social housing support shall be determined including, but not necessarily limited to, the following:

(a) the maximum income threshold based on a household comprising one person;

(b) the methodology according to which the threshold referred to in paragraph (a) shall be adjusted for households comprising more than one person;

(c) the manner in which a housing authority shall set the income threshold, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, which in any case shall not be more than the maximum income threshold referred to in paragraph (a);

(d) the procedures to be applied by a housing authority for the purposes of determining a household’s eligibility by reference to income;

(e) the availability to the household of alternative accommodation that would meet its housing need;

(f) social housing support previously provided by any housing authority to the household which may be taken account of by a housing authority in making a determination as to F21[an appropriate form] of social housing support for that household;

(g) the period for which a household F22[member] is required to be in receipt of the supplement referred to in subsection (3).

F23[(4A) (a) Where, due to the circumstances of a particular case, a housing authority is unable to establish for the time being whether alternative accommodation is available to a household that would meet the household’s housing need, the authority may, subject to the other provisions of this section, determine that the household is qualified for the forms of social housing support specified in paragraphs (bb) and (d) of section 19(2) of the Act of 2009.

(b) A determination under paragraph (a) shall be reviewed by the housing authority at intervals prescribed for the purposes of this section.

(c) A household to which paragraph (a) relates that is in receipt of a form of social housing support referred to in that paragraph is not eligible to apply for a transfer to a form of such support not referred to in paragraph (a) but, if a housing authority subsequently determines that alternative accommodation is not available to the household that would meet its housing need, then the length of time that the household was in receipt of that form of social housing support shall be reckonable, in accordance with the allocation scheme of the housing authority, for the purposes of an application by the household for a transfer to another form of social housing support.]

F24[(5) (a) Subject to paragraph (b), a household shall not be eligible for social housing support where—

(i) at any time during the 3 years immediately before the carrying out of the social housing assessment, the household or a member of his or her household was in arrears of rent, rent contributions, charges, fees or loan repayments or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relates, and

(ii) the household or the member concerned has not entered into rescheduling arrangements with the housing authority or approved body concerned for the payment of such arrears, or, having entered into such arrangements, has not, in the opinion of the authority or body, substantially complied with their terms.

(b) The failure of a household or household member to substantially comply with the terms of rescheduling arrangements shall be disregarded in any case where the housing authority or approved body concerned is satisfied that the failure was due to circumstances outside the control of such household or household member.]

F25[(5A) (a) Subject to paragraph (b), a household in receipt of social housing support shall cease to be eligible for such support where—

(i) in the preceding 3 years, the household or a household member was in arrears of rent, rent contributions, charges, fees or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relate, and

(5B) (a) Where a qualified household that is entered on the record of qualified households maintained by a housing authority refuses a prescribed number of reasonable offers of a specified form of social housing support in any continuous period that is prescribed, then—

(i) the household shall be ineligible for social housing support for a prescribed period after the last refusal during the said continuous period, and

(ii) the prescribed period of ineligibility shall not subsequently be reckonable in any way for the purposes of determining the relative priority of that household for social housing support.

(b) In making an offer of housing social support referred to in paragraph (a), a housing authority may, unless it has been prescribed for the purpose of the paragraph concerned, specify a period or date within which the offer has to be accepted before it lapses and if the offer lapses it shall be deemed to be a refusal for the purposes of that subsection.

(c) In this subsection “specified form of social housing support” means social housing support of a kind referred to in paragraph (a), (b) or (d) of section 19(2).]

(6) The Minister may make regulations providing for the matters by reference to which a household’s need for social housing support and the form of such support shall be determined including, but not necessarily limited to, the following:

(a) the description and classification of household need;

(b) the description of specific accommodation requirements according to different categories of household need;

(7) The Minister may make regulations in relation to the carrying out of social housing assessments, including, but not necessarily limited to, the following:

(a) the form and manner in which a social housing assessment shall be carried out;

(b) the period within which an application for social housing support shall be dealt with by a housing authority;

(c) notification by the housing authority of the making of a decision in respect of an application for social housing support;

(d) the frequency of reviewing and updating assessments.

(8) In carrying out a social housing assessment under this section, a housing authority may disregard the accommodation the household is occupying where the authority has reason to believe that the household, or any member of it, has deliberately or without good and sufficient reason done or failed to do anything (other than an action or omission in good faith) in consequence of which the accommodation the household is so occupying is less suitable for its adequate housing than other accommodation which it would have been, or would be, reasonable for the household to occupy.

(9) A household in receipt of social housing support referred to in section 19 (2) (b), before the coming into operation of this section, is deemed to have been assessed and qualified for such social housing support under this section.

F26[(10) A housing authority shall not be required to carry out a social housing assessment in respect of a household in receipt of social housing support that is seeking to transfer to, or to avail of, another form of social housing support.]

Annotations

Amendments:

F18
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 15, S.I. No. 151 of 2016.

F19
Substituted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(2)(a), S.I. No. 404 of 2014.

F20
Substituted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(2)(b), S.I. No. 404 of 2014.

F21
Substituted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(2)(c), S.I. No. 404 of 2014.

F22
Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(2)(d), S.I. No. 404 of 2014.

F23
Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(2)(e), S.I. No. 404 of 2014.

F24
Substituted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(d), S.I. No. 404 of 2014.

F25
Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(2)(f), S.I. No. 404 of 2014.

F26
Substituted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(2)(g), S.I. No. 404 of 2014.

Modifications (not altering text):

C11
Functions of certain town councils as respects section transferred (1.04.2011) by Housing (Transfer of Functions) Order 2011 (S.I. No. 85 of 2011), in effect as per art. 2.

3. The functions of the council of each town mentioned in Part 2 of Schedule 6 to the Local Government Act 2001 (No. 37 of 2001) are, as respects sections 20 and 21 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009), transferred to the county council in whose administrative area the town is situate and each such county council shall, as respects the functional area of the town council from which the said functions are transferred, perform the functions as one with its functional area.

Editorial Notes:

E30
Power pursuant to subs. (4)(a) exercised (1.01.2023) by Social Housing Assessment (Amendment) (No. 3) Regulations 2022 (S.I. No. 615 of 2022), in effect as per reg. 1(2).

E31
Power pursuant to section exercised (1.10.2022) by Social Housing Assessment (Amendment) (No. 2) Regulations 2022 (S.I. No. 446 of 2022), in effect as per reg. 1(2).

E32
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.

E33
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.

E34
Power pursuant to section exercised (2.06.2016) by Social Housing Assessment (Amendment) Regulations 2016 (S.I. No. 288 of 2016).

E35
The amendments made by Housing (Miscellaneous Provisions) Act 2014 (21/2014) refer to “Act of 2009”, which is defined in that Act as being this Act (Housing (Miscellaneous Provisions) Act 2009 (22/2009)).

E36
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.

E37
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.

E38
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.

E39
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.

Section 21

Summary of social housing assessments.

21.— A housing authority shall—

(a) for the purposes of preparing an estimate under section 94(4)(a)(i) of the Planning and Development Act 2000 of the amount of housing required for households assessed under section 20 as being qualified for social housing support,

(b) when preparing a draft housing services plan under section 16,

(d) as the Minister may from time to time direct,

prepare a summary, in the prescribed form, of the social housing assessments carried out in its administrative area.

Annotations

Modifications (not altering text):

C12
Functions of certain town councils as respects section transferred (1.04.2011) by Housing (Transfer of Functions) Order 2011 (S.I. No. 85 of 2011), in effect as per art. 2.

Editorial Notes:

E40
Power pursuant to section exercised (13.04.2017) by Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017).

E41
Power pursuant to section exercised (2.06.2016) by Social Housing Assessments (Summary) Regulations 2016 (S.I. No. 287 of 2016).

E42
Previous affecting provision: form prescribed for purposes of section (1.02.2013) by Social Housing Assessments (Summary) Regulations 2013 (S.I. No. 26 of 2013), reg. 4 and sch., in effect as per reg. 2; revoked (13.04.2017) by Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017), art. 2.

Section 22

Allocation of dwellings.

22.— (1) This section applies to—

(a) dwellings provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000—

(i) of which a housing authority is the owner, or

(ii) of which the housing authority is not the owner and which are provided under a contract or lease between the housing authority and the owner concerned, including rental accommodation availability agreements,

and

(b) dwellings owned and provided by approved bodies to whom assistance is given under section 6 of the Act of 1992 for the purposes of such provision.

(2) A housing authority may allocate a dwelling under this section to a household in accordance with a scheme made under subsection (3).

(3) A housing authority shall, not later than one year after the coming into operation of this section, in accordance with this section and any regulations made thereunder, make a scheme (in this Act referred to as an “allocation scheme”) determining the order of priority to be accorded in the allocation of dwellings to—

(a) households assessed under section 20 as being qualified for social housing support, and

(b) households, in receipt of social housing support, that have applied to the housing authority to transfer to another dwelling or to purchase a dwelling under Part 3 and the housing authority consents to the transfer, or purchase, as the case may be.

(4) The Minister may make regulations providing for the matters to be included in an allocation scheme, including the following:

(a) the manner in which dwellings, or different categories of dwellings, are allocated to households;

(b) the order or priority in accordance with which dwellings are allocated under the allocation scheme;

(c) the conditions relating to refusals by a household of reasonable offers of social housing support offered in accordance with an allocation scheme by reference to the availability of social housing support in the administrative area concerned, the number of offers made to, and refusals made by, a household and the period during which those offers and refusals are made.

(5) Having regard to section 19 (4), a housing authority shall make provision in its allocation scheme for the proportion of dwellings in any part or parts of its administrative area which may be reserved for all or any of the following purposes:

(a) allocation to particular classes of household;

(b) particular forms of tenure;

(6) An allocation scheme may include conditions subject to which the preference of a household to reside in a particular area or areas may be taken into account in allocating a dwelling to such a household, including, but not necessarily limited to, conditions relating to—

(a) whether the household or any member of it currently resides, or at any time has resided, and for what period, in the area or areas concerned,

(b) the distance of the area or areas from the place of employment of any member of the household,

(c) whether any members of the household are attending any university, college, school or other educational establishment in the area or areas concerned, and

(d) whether any relatives of any member of the household reside in the area or areas concerned.

(7) Notwithstanding the generality of subsection (2), a housing authority may disregard the order of priority given to a household under an allocation scheme where the household is being provided with social housing support—

(a) in a dwelling let to the household under a Chapter 4 tenancy agreement having been assessed under section 20 (3), or

(b) arising from specified exceptional circumstances, including displacement by fire, flood or any other emergency, development, redevelopment or regeneration of an area by the housing authority, or exceptional medical or compassionate grounds.

(8) An allocation scheme may provide that the housing authority shall obtain and have regard to a report from a medical practitioner employed by the Health Service Executive in the allocation of dwellings where priority is claimed on grounds consisting of, or including, exceptional medical grounds.

(9) A housing authority may from time to time review its allocation scheme and, as it considers necessary and appropriate, amend the scheme or make a new scheme.

(10) The making of an allocation scheme, or the amendment to such a scheme, are reserved functions.

(11) The allocation of a dwelling to a household is an executive function.

(12) The F27[chief executive] shall—

(a) prepare and submit to the members of the housing authority not later than 30 April in each year a written report on allocations made under its allocation scheme by specifying the different categories of dwellings and households and the proportions of each such category, by reference to the total number of such allocations in the preceding year, and

(b) provide a copy of the report prepared under paragraph (a) to the Minister, if the Minister requests such a copy.

(13) Notwithstanding the repeal by this Act of section 11 of the Act of 1988, a scheme of priorities made by a housing authority under that section and in force immediately before the coming into operation of this section continues to have effect after such coming into operation and is deemed to have been made under this section until an allocation scheme under this section comes into force.

(14) A housing authority shall make a copy of its allocation 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.

(15) Before making or amending an allocation scheme, a housing authority shall provide a draft of the scheme or amendment to the scheme, as the case may be, to the Minister, who may direct the housing authority to amend the draft scheme or draft amendment, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.

(16) The Minister may, as he or she considers necessary and appropriate, direct a housing authority to amend an allocation scheme, in such manner as he or she may direct, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.

(17) (a) The Minister may issue directions to a housing authority regarding the operation of an allocation scheme and the housing authority shall comply with any such direction in operating the scheme.

(b) Nothing in paragraph (a) shall be construed or operate to enable the Minister to direct the allocation of a dwelling to a specific household.

Annotations

Amendments:

F27
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.

Modifications (not altering text):

C13
Allocation scheme made under section restricted by Housing (Miscellaneous Provisions) Act 1997 (21/1997), s. 14(1) as substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(9), S.I. No. 121 of 2015.

Letting and sale of local authority housing.

14. [ (1) Notwithstanding anything contained in the Housing Acts 1966 to 2014, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009 , a housing authority may—

(a) refuse to allocate, or defer the allocation of, a dwelling to which subsection (1) of the said section 22 refers, to a household where—

(i) the authority considers that any member of the household is or has been engaged in anti-social behaviour or that an allocation to that household would not be in the interest of good estate management, or

(ii) the household fails to provide information, including information relating to members residing together or proposing to reside together as part of the household, which is requested by the authority and which the authority considers necessary in connection with an allocation,

(b) refuse to permit a person, or defer permitting a person, to take up or resume residence or enter or be in a dwelling to which section 22(1)(a) of the said Act refers where—

(i) the authority considers that the person is or has been engaged in anti-social behaviour or that such permission would not be in the interest of good estate management, or

(ii) the tenant of the dwelling or the person concerned fails to provide information that is requested by the authority and which the authority considers necessary in connection with deciding whether to give, refuse or defer such permission.]

…

C14
Allocation schemes under section continued (1.06.2014) by Local Government Act 2014 (1/2014), s. 26 and sch. 4 para. 16, S.I. No. 214 of 2014 and S.I. No. 215 of 2014 (establishment day).

2014 establishment day

8. The Minister shall by order appoint a day to be the establishment day (in this Act referred to as the “2014 establishment day”) for the purposes of this Act.

…

Dissolution of certain local authorities

17. On the 2014 establishment day—

(a) Limerick County Council,

(b) Limerick City Council,

(d) South Tipperary County Council,

(e) Waterford County Council, and

(f) Waterford City Council,

shall each be dissolved (in this Act referred to as a “dissolved authority”) and cease to exist and thereupon, subject to the provisions of this Part and Part 4, Limerick City and County Council, Tipperary County Council and Waterford City and County Council shall, for all purposes, become and be the successor (in this Act referred to as a “successor authority”) of such dissolved authority as set out in the Table to this section and the provisions of Part 4 shall apply to such dissolved authorities and to the successor to each such authority.

…

Consequential provisions on dissolution of certain bodies

26. (1) Schedule 4 shall (so far as may be appropriate) apply in relation to the dissolutions effected by Parts 2 and 3 and to each dissolved authority and its successor authority.

…

SCHEDULE 4

Consequential Provisions Relating to Local Authorities

…

Continuation of housing allocation schemes.

16. An allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009 by a dissolved authority to which section 17 relates that is in force immediately before the 2014 establishment date shall—

(a) be deemed to have been made by the successor authority to the dissolved authority on that date, and

(b) continue to have effect in respect of the former administrative area of the dissolved authority concerned until such time as that successor authority makes an allocation scheme under the said section 22.

…

Editorial Notes:

E43
Power pursuant to subs. (4) exercised (30.09.2016) by Social Housing Allocation (Amendment) Regulations 2016 (S.I. No. 503 of 2016), in effect as per reg. 2.

E44
Power pursuant to subs. (4) exercised (1.05.2011) by Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011), in effect as per reg. 2.

Chapter 4

Rental Accommodation Arrangements

Section 23

Interpretation (Chapter 4).

23.— In this Chapter—

“Act of 2004” means the Residential Tenancies Act 2004;

“authorised agent” has the same meaning as in the Act of 2004;

“dwelling to which this Chapter applies” means a dwelling which is the subject of a rental accommodation availability agreement;

“qualified tenant” means a household assessed under section 20 as being qualified for social housing support;

“rental accommodation availability agreement” has the meaning given to it by section 24 and references to “availability agreement” shall be construed accordingly;

“rental accommodation provider” means a person who makes a dwelling, of which he or she is the owner, available under a rental accommodation availability agreement for the purposes of letting to a qualified tenant in accordance with this Chapter, and references to “provider” shall be construed accordingly;

“rent contribution” has the meaning given to it by section 25.

Section 24

Rental accommodation availability agreement.

24.— (1) Subject to such regulations as may be made for the purposes of this section and such terms and conditions as may be prescribed, a housing authority may, by order of the F28[chief executive], enter into an agreement (in this Act referred to as a “rental accommodation availability agreement”) with a rental accommodation provider pursuant to the terms and conditions of which availability agreement the provider agrees to—

(a) make the dwelling available for a specified period for the purposes of this Chapter, and

(b) let the dwelling pursuant to a tenancy agreement—

(i) to such qualified tenant as the housing authority may from time to time allocate to the tenancy in accordance with section 22, or to the housing authority, or

(ii) to the qualified tenant specified in the availability agreement,

in consideration of which availability agreement and subject to the terms and conditions thereof and the tenancy agreement, the housing authority guarantees the payment of the rent specified in the tenancy agreement and agrees to pay any other moneys, payable by the housing authority, specified in the availability agreement or the tenancy agreement, as the case may be.

(2) A housing authority shall not enter into a rental accommodation availability agreement unless the provider—

(a) satisfies the housing authority, in accordance with regulations made for the purposes of this section, that the dwelling complies with any standards for dwellings for the time being prescribed under section 18 of the Act of 1992, and

(b) gives to the housing authority—

(i) his or her tax reference number within the meaning of section 888 of the Taxes Consolidation Act 1997, and

(ii) a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997.

(3) A rental accommodation availability agreement shall be in writing and shall include the following information—

(a) the address of the dwelling,

(b) the name and address for correspondence of the provider and of the housing authority,

(d) if the provider or his or her authorised agent, as the case may be, is a company, the registered number and registered office of the company,

(e) a description of the dwelling, indicating—

(i) the estimated floor area,

(ii) the number of bed spaces,

(iii) a statement as to which of the following categories it belongs, namely, a whole or part of a house, a maisonette, an apartment or a flat and, where it is within the category of a house or maisonette, an indication as to whether the house or maisonette is detached, semi-detached or terraced, and

(iv) the number of bedrooms,

and

(f) the term of the availability agreement.

(4) An availability agreement shall include terms and conditions relating to—

(a) the payment of the rent and any other moneys, payable by the housing authority, specified in the tenancy agreement,

(b) the responsibility of the provider in relation to any works to be carried out, as are necessary to ensure that the dwelling complies with the standards for dwellings for the time being prescribed under section 18 of the Act of 1992, before the commencement of the tenancy or where there is more than one tenancy during the term of the availability agreement, before each such tenancy,

(c) the registration by the provider under Part 7 of the Act of 2004 of the tenancy or each tenancy entered into during the term of the availability agreement,

(d) such access as may reasonably be required by officers or agents authorised by the housing authority for the purposes of inspection of the dwelling during the term of the availability agreement,

(e) termination of the availability agreement by the housing authority or the provider, as the case may be, and

(f) such other matters as the housing authority considers necessary and appropriate relating to the standard of the accommodation concerned.

(5) The Minister may make regulations for the purposes of this section providing for, but not necessarily limited to, the following:

(a) the manner in which a provider shall satisfy the housing authority for the purposes of subsection (2) (a), including by the provision of a certificate of compliance;

(b) the class or classes of persons who may provide a certificate of compliance referred to in paragraph (a);

(c) the information to be provided by a provider to the housing authority before entering into an availability agreement including information relating to the provider, his or her authorised agent (if any) and the dwelling concerned;

(d) in relation to the termination of an availability agreement by the housing authority or the provider—

(i) the terms and conditions relating to, and procedures for, termination,

(ii) the grounds on which an availability agreement may be terminated,

(iii) the giving of notice and notice periods, and

(iv) the procedure for resolution of any dispute arising from the proposed termination of the availability agreement including appeal procedures,

and

(e) the period within which a provider shall serve a notice of termination on a qualified tenant pursuant to section 25 (6).

Annotations

Amendments:

F28
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.

Section 25

Chapter 4 tenancy agreement.

25.— (1) A housing authority may allocate a dwelling to which this Chapter applies to a qualified tenant in accordance with section 22.

(2) The provider shall, subject to the terms and conditions of the rental accommodation availability agreement enter into a tenancy agreement (in this Act referred to as a “Chapter 4 tenancy agreement”) with the qualified tenant to whom the dwelling concerned is allocated.

(3) A dwelling to which this Chapter applies which is the subject of a Chapter 4 tenancy agreement shall not be construed as a dwelling let by or to a public authority for the purposes of section 3(2)(c) of the Act of 2004.

(4) A Chapter 4 tenancy agreement shall be in writing, for such period as may be specified therein, and shall include the following particulars relating to the parties to the tenancy, the tenancy and the dwelling concerned:

(a) the address of the dwelling;

(b) the name of the tenant;

(d) the name and address for correspondence of the provider’s authorised agent (if any);

(e) if the provider or his or her authorised agent, as the case may be, is a company, the registered number and registered office of the company;

(f) a description of the dwelling;

(g) the date of commencement of the tenancy;

(h) where the tenancy is for a fixed term, the period of that term.

(5) A Chapter 4 tenancy agreement shall, in addition to the obligations imposed under Part 2 of the Act of 2004, include terms and conditions relating to—

(a) occupation of the dwelling,

(b) the payment by the qualified tenant to the housing authority of an amount specified in the tenancy agreement (in this Act referred to as the “rent contribution”) at such times as may be specified therein, and

(i) failure to pay the rent contribution in accordance with the terms and conditions of the tenancy agreement,

(ii) breach of the terms and conditions relating to occupation of the dwelling under paragraph (a), or

(iii) knowingly permitting a person, against whom an excluding order under section 3 of the Act of 1997 or an interim excluding order under section 4 of that Act is in force in respect of the dwelling concerned, to enter the dwelling in breach of the excluding order or interim excluding order, as the case may be.

(6) (a) Where a qualified tenant does any of the things specified in subsection (5) (c), he or she shall have failed to comply with the obligations of the tenancy for the purposes of section 67 of the Act of 2004.

(b) Where it comes to the notice of the housing authority that a tenant is doing or has done any of the things specified in subsection (5) (c) or is or was behaving in a way that is anti-social in breach of the obligation specified in section 16(h) of the Act of 2004, the housing authority may notify the provider in writing regarding the failure to comply with the said obligations.

(c) A provider, having received notification from the housing authority under paragraph (b), shall, within such period as may be prescribed under section 24 (5) (e), if the provider has not already done so under section 67 of the Act of 2004, serve a notice of termination on the qualified tenant in accordance with subsection (2) of the said section 67.

(7) Where a provider serves a notice of termination on a qualified tenant pursuant to a notice from a housing authority under subsection (6) (b), the provider shall give a copy of the notice to the housing authority as soon as practicable thereafter.

(8) Where the provider intends to serve notice of termination on a qualified tenant in accordance with the terms and conditions of the tenancy agreement, other than pursuant to a notice from the housing authority under subsection (6) (b), the provider shall give notice in writing to the housing authority not less than 14 days before serving the notice of termination on the qualified tenant.

(9) Where the housing authority intends to apply to the District Court for an excluding order against a person under section 3(2) of the Act of 1997, in respect of a dwelling the subject of a Chapter 4 tenancy agreement, the housing authority shall give notice in writing to the provider of its intention to apply not less than 14 days before making the application.

(10) The rent contribution shall be determined by a housing authority in accordance with a rent scheme under section 31.

(11) A housing authority may reduce the rent contribution payable under a Chapter 4 tenancy agreement, for a specified period of the tenancy, where the costs of the accommodation to the tenant before the tenancy agreement was entered into were substantially lower than the costs under the tenancy agreement, resulting in hardship to the household.

Section 26

Expenses incurred by housing authority.

26.— The Minister may, subject to the prior consent of the Minister for Finance, make payments, out of moneys provided by the Oireachtas, to a housing authority in respect of some or all of the expenses, including administrative expenses, incurred by the authority by virtue of this Chapter.

Section 27

Non-application of certain provisions to disposals for purposes of this Chapter.

27.— Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal, for any of the purposes of this Chapter, of land or a dwelling by a housing authority.

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

(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;

(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

(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;

(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;

(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.

Section 35

Anti-social behaviour strategy.

35.— (1) A housing authority shall, within one year of the coming into operation of this section, draw up and adopt a strategy (in this section referred to as an “ anti-social behaviour strategy ”) in respect of that part or those parts of its administrative area in which are situated—

(a) dwellings let by the housing authority to tenants under the Housing Acts 1966 to 2009,

(b) dwellings which are the subject of Chapter 4 tenancy agreements,

(d) sites (within the meaning of section 1 of the Act of 1997).

(2) An anti-social behaviour strategy shall have as its principal objectives—

(a) the prevention and reduction of anti-social behaviour,

(b) the co-ordination of services within the housing authority directed at dealing with, or preventing or reducing, anti-social behaviour,

(c) the promotion of co-operation with other persons, including the Garda Síochána, in the performance of their respective functions insofar as they relate to dealing with, or the prevention or reduction of, anti-social behaviour, having regard to the need to avoid duplication of activities by the housing authority and such other persons in the performance of those functions, and

(d) the promotion of good estate management.

(3) An anti-social behaviour strategy shall set out the proposals of the housing authority for achieving the principal objectives referred to in subsection (2), including, but not necessarily limited to, the following:

(a) procedures in relation to the making of complaints to the housing authority in respect of anti-social behaviour;

(b) initiatives for the prevention and reduction of anti-social behaviour;

(c) the provision of education relating to, and the carrying out of research into, anti-social behaviour and its prevention and reduction.

(4) A housing authority—

(a) shall, not less than 6 months before the expiration of its housing services plan, and

(b) may, from time to time as it thinks fit,

review its anti-social behaviour strategy and amend the strategy or draw up and adopt a new strategy, as it considers appropriate.

(5) When drawing up a strategy, or before amending a strategy, a housing authority shall consult with—

(a) any joint policing committee established under section 36 of the Garda Síochána Act 2005 in respect of its administrative area,

(b) the Garda Síochána,

(d) any other person as the authority considers appropriate.

(6) The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy shall be a reserved function.

(7) The drawing up and adoption of, and amendment of, an anti-social behaviour strategy is not to be taken to confer on any person a right in law that the person would not otherwise have to require a housing authority in a particular case to exercise any function conferred on it under the Act of 1997 or this Act or to seek damages for a housing authority’s failure to perform any such function.

Social Housing

Housing (Miscellaneous Provisions) Act 2009

Social Housing Support

Provision of social housing support.

Social housing assessment.

Summary of social housing assessments.

Allocation of dwellings.

Rental Accommodation Arrangements

Interpretation (Chapter 4).

Rental accommodation availability agreement.

Chapter 4 tenancy agreement.

Expenses incurred by housing authority.

Non-application of certain provisions to disposals for purposes of this Chapter.

Management and Control Functions

Tenancy agreements.

Revision of existing tenancy agreements.

Delegation of management and control functions.

Rent schemes and charges.

Information requirements.

Moneys owing to housing authority.

Arrangements with households for payment of moneys due and owing to housing authority.

Anti-social behaviour strategy.

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