{"id":10496,"date":"2022-07-17T22:35:06","date_gmt":"2022-07-17T22:35:06","guid":{"rendered":"http:\/\/legalblog.ie\/housing-standards\/"},"modified":"2024-05-05T21:19:48","modified_gmt":"2024-05-05T21:19:48","slug":"housing-standards","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/housing-standards\/","title":{"rendered":"Housing Standards"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/housing-standards\/#Overcrowded_Houses\" title=\"Overcrowded Houses\">Overcrowded Houses<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/housing-standards\/#Overcrowding\" title=\"Overcrowding\">Overcrowding<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/housing-standards\/#Repairs_Notice\" title=\"Repairs Notice\">Repairs Notice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/housing-standards\/#Unfit_for_Habitation\" title=\"Unfit for Habitation\">Unfit for Habitation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/housing-standards\/#Serving_the_Notice\" title=\"Serving the Notice\">Serving the Notice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/housing-standards\/#Closing_Demolition_Order\" title=\"Closing &amp; Demolition Order\">Closing &amp; Demolition Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/housing-standards\/#Effect_of_Orders\" title=\"Effect of Orders\">Effect of Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/housing-standards\/#Rented_Houses_Standards\" title=\"Rented Houses Standards\">Rented Houses Standards<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/housing-standards\/#Rented_Housing_Prohibition_Notice\" title=\"Rented Housing Prohibition Notice\">Rented Housing Prohibition Notice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/housing-standards\/#Multi-Storey_Dangerous\" title=\"Multi-Storey Dangerous\">Multi-Storey Dangerous<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/housing-standards\/#Liability_for_Negligence\" title=\"Liability for Negligence\">Liability for Negligence<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#HOUSING_ACT_1966\" title=\"HOUSING ACT 1966\">HOUSING ACT 1966<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#Overcrowded_and_Unfit_Houses\" title=\"Overcrowded and Unfit Houses\">Overcrowded and Unfit Houses<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#Definition_of_%E2%80%9Covercrowding%E2%80%9D\" title=\"Definition of \u201covercrowding\u201d.\">Definition of \u201covercrowding\u201d.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#Overcrowded_houses\" title=\"Overcrowded houses.\">Overcrowded houses.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#Unfit_houses\" title=\"Unfit houses.\">Unfit houses.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#Housing_authority_may_affix_notice_of_serving_repairs_notice_making_closing_order_or_demolition_order_or_accepting_undertaking\" title=\"Housing authority may affix notice of serving repairs notice, making closing order or demolition order or accepting undertaking.\">Housing authority may affix notice of serving repairs notice, making closing order or demolition order or accepting undertaking.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#Restriction_on_user_of_premises_to_which_repairs_notice_closing_order_demolition_order_or_undertaking_applies\" title=\"Restriction on user of premises to which repairs notice, closing order, demolition order or undertaking applies.\">Restriction on user of premises to which repairs notice, closing order, demolition order or undertaking applies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#Enforcement_of_repairs_notice_or_demolition_order\" title=\"Enforcement of repairs notice or demolition order.\">Enforcement of repairs notice or demolition order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#Recovery_of_expenses_of_repair_and_demolition_etc\" title=\"Recovery of expenses of repair and demolition, etc.\">Recovery of expenses of repair and demolition, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#Appeals\" title=\"Appeals.\">Appeals.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#Power_of_Circuit_Court_to_determine_lease_of_house_in_respect_of_which_demolition_order_is_made\" title=\"Power of Circuit Court to determine lease of house in respect of which demolition order is made.\">Power of Circuit Court to determine lease of house in respect of which demolition order is made.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/housing-standards\/2\/#Action_under_section_65_66_or_69_of_Act_not_to_prejudice_other_remedies\" title=\"Action under section 65, 66 or 69 of Act not to prejudice other remedies.\">Action under section 65, 66 or 69 of Act not to prejudice other remedies.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Overcrowded_Houses\"><\/span>Overcrowded Houses<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A house is deemed overcrowded at any time when the number of persons ordinarily sleeping in it and the number of rooms in it are such that any two of those persons over 10, not of the same sex, must sleep in the same room or are such that the free air used in a room or sleeping apartment for a person has less than 400 cubic feet, the height of the room being deemed eight feet if it exceeds eight feet.<\/p>\n<p>The housing authority may require the owner or occupier to provide details within 14 days of particulars of the size and dimensions of rooms, number of rooms, the purpose for which they are kept, occupants, sanitary and cooking facilities and such other particulars as are referred to.<\/p>\n<p>The authority may serve a notice specifying the maximum number and categories of persons who may occupy the house or any room without overcrowding.\u00a0 The owner may be required to publish this in such manner as they specify.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Overcrowding\"><\/span>Overcrowding<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Local authorities have powers to serve orders to prevent overcrowding and limit or cease the use of accommodation which is unfit for human habitation. The local authority may serve notices on the owner of an overcrowded house requiring cessation of the overcrowding.<\/p>\n<p>A house may be deemed overcrowded when the number of persons ordinarily sleeping in the house is not such that any two people over 10 of opposite sexes must sleep in the same room or the free air space is less than 400 cubic feet.<\/p>\n<p>Houses are overcrowded if the available rooms to persons ordinarily sleeping in the house are such that<\/p>\n<ul>\n<li>any two of those persons being 10 years of age or more of the opposite sex not being persons living together as husband and wife sleep in the same room or<\/li>\n<li>where the free air space in any room used for sleeping is less than 400 square feet assuming a ceiling height of eight foot.\u00a0 The definition is somewhat antiquated.<\/li>\n<\/ul>\n<p>The Housing authority may serve notice in writing on the occupier requiring him to give a written statement of particulars relevant to facilities in the house including<\/p>\n<ul>\n<li>number and dimensions of rooms and the purpose for which they are used,<\/li>\n<li>the number of occupants,<\/li>\n<li>sanitary and cooking facilities and<\/li>\n<li>such other requested particulars.<\/li>\n<\/ul>\n<p>They must be furnished in writing within 14 days.<\/p>\n<p>The housing authority may serve a notice in writing setting out the maximum number and categories of persons having regard to the provisions on overcrowding who may reside in the house so as to prevent overcrowding. The authority may require the owner to publish the notice; failure to do so in an offence.<\/p>\n<p>If an owner is causing or permitting a house to be overcrowded, the housing authority may serve notice in writing requiring that it cease within not less than 21 days.\u00a0 Failure to comply is an offence, if the house is thereby overcrowded.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Repairs_Notice\"><\/span>Repairs Notice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If the housing authority decides that the house is unfit for human habitation, it must serve a repairs notice.\u00a0 This is to specify in what respect the house is unfit for human habitation and requires remedial works in respect of defects in order to make it fit for habitation.\u00a0 They must be carried out within the period, which is to be at least \u00a028 days from the date of service of the notice.<\/p>\n<p>The authority may specify the works which it believes are necessary to comply with the notice.\u00a0 A range of factors are set out in the legislation with reference to which the housing authority may consider the house to be unfit for human habitation, including<\/p>\n<ul>\n<li>stability,<\/li>\n<li>fire resistance,<\/li>\n<li>safety of common parts and stairways,<\/li>\n<li>resistance to moisture, heat, sound,<\/li>\n<li>resistance to infestation,<\/li>\n<li>air space and ventilation,<\/li>\n<li>water supply,<\/li>\n<li>sanitary arrangements,<\/li>\n<li>facilities for storing and cooking food,<\/li>\n<li>natural and artificial lighting<\/li>\n<li>the extent of compliance with building bye-laws [building regulations and housing standards].<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Unfit_for_Habitation\"><\/span>Unfit for Habitation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The housing authority, where it is of the opinion that a house is unfit for human habitation in any respect, shall, unless it is of the opinion that it is not capable of being rendered fit, at reasonable expense, serve on the owner or other person having an interest in the house specifying the matters in respect of which it is alleged the house is unfit for human habitation.<\/p>\n<p>The notice may require the owner to execute works within 28 days of the date of notice.\u00a0 The works must be such as are necessary to make the house fit for human habitation.\u00a0 It may specify the works which are in the opinion of the authority necessary to make it so fit and to prevent the structure from deteriorating.<\/p>\n<p>The owners\/occupiers and their agents are obliged to comply with the requirements\/works.\u00a0 The owners may enter the land for such purposes even if it is let out or other persons have rights.<\/p>\n<p>The owner has the opportunity to respond and request a hearing in relation to the authority\u2019s proposal for the house. \u00a0The housing authority may accept an undertaking to carry out the work.\u00a0 If no undertaking is given, the authority may make a closing or demolition order or an order requiring the house to be vacated.<\/p>\n<p>If the requirements of the order have not been complied with within 21 days (unless an appeal is pending), an offence is committed, and the housing authority may do anything required by the notice for that purpose.\u00a0 It may enter the land, do the work and recover the costs and expenses.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Serving_the_Notice\"><\/span>Serving the Notice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If the housing authority determines that the house is not fit for human habitation, it is obliged to serve a repair notice unless the cost of doing so would be unreasonable.\u00a0 The authority must consider the estimates of costs and the increase in the value of the house attributable.<\/p>\n<p>It may serve a notice indicating the period in which it will require the works to be done, setting out the time and place at which it will consider the condition of the house as well as offers in relation to carrying out future works or undertakings as to future use which the owner may wish to make. Persons with an interest are entitled to be heard.<\/p>\n<p>The housing authority may accept an undertaking from the owner that he will do the works within a specified period so as to render the house fit for human habitation or an undertaking that it will not be used for human habitation until the housing authority is satisfied that it is fit for human habitation.<\/p>\n<p>If the undertaking is not given or not complied with, a closure or demolition order may be made.\u00a0 A demolition order requires the owner to vacate the house, secure against reoccupation and to demolish the house and clear the site.\u00a0 The local authority may require the erection of walls and barriers in public places to secure the demolition.<\/p>\n<p>If the house is not vacated within the requisite time periods specified, the authority may apply to the District Court, which may give a warrant to enter and do the works.<\/p>\n<p>The housing authority may accept an undertaking to the use of the house for human habitation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Closing_Demolition_Order\"><\/span>Closing &amp; Demolition Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The local authority may serve a closing or demolition order if it is of the opinion that a house is unfit for habitation. The authority may make a closing order.\u00a0 This may suspend the demolition order.<\/p>\n<p>The authority has regard to a range of factors in considering whether it is unfit, including stability, resistance to fire, safety of staircases and common passages, open spaces, resistance to moisture, transmission of heat, resistance of sound, resistance to infestation, water supply, sanitary arrangements, \u00a0drainage, airspace, ventilation, natural and artificial light, facilities for preparing and cooking food and building regulations compliance.<\/p>\n<p>Where a house is unfit the Housing Authority may issue a repairs notice requiring the house be made fit for habitation.\u00a0 A closing or demolition order may be made if the costs are excessive.\u00a0 Failure to comply with a repairs notice, a demolition order or an overcrowding notice is an offence.<\/p>\n<p>Where a closing order has been made, the housing authority may make a demolition order after six months have passed. If it becomes fit for human habitation, the closure order may be terminated.<\/p>\n<p>The housing authority may affix a notice to premises indicating that a repairs notice, closure notice, or demolition order has been served or an undertaking has been accepted.\u00a0 It must specify the penalties for using the premises in breach of the order.\u00a0 It is an offence to remove or interfere with the notice. It is an offence to use premises in breach of a notice order or undertaking.<\/p>\n<p>If the period for compliance with the demolition order or for repairs has passed, the authority may enter the premises and undertake the works specified. \u00a0The lessor or lessee may apply to the Circuit Court to terminate any lease of the premises.\u00a0 The court may make an order determining the lease unconditionally or subject to conditions including provision for compensation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Effect_of_Orders\"><\/span>Effect of Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Rent may not be sought in special for the use of premises which contravenes a closing, demolition order or undertaking.\u00a0 Rent may be recovered by the person paying the rent or other sum.<\/p>\n<p>Breach of an order is an offence subject to summary conviction to a fine of \u20ac1,269 with imprisonment of up to a month.\u00a0 There is provision for continuing penalties.<\/p>\n<p>The owner of the property may be made liable for the expenses incurred by the local authority in enforcing the notice, orders or undertaking.\u00a0 They may be recovered as a simple contract debt from the sale of material leftover, \u00a0by attachment of the rent or by charging order.<\/p>\n<p>A person affected may appeal against the repair order, closing order, demolition order, charging order or demands for reimbursement of expenses incurred or that rent or payment in rent be made to the authority to the Circuit Court.\u00a0 The Circuit Court may confirm, modify or renew the orders, notices or requirements.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Rented_Houses_Standards\"><\/span>Rented Houses Standards<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Housing Miscellaneous Provisions Act 1992 provides for the prescription of minimum standards for rented houses.\u00a0 See separately the section in relation to these standards.<\/p>\n<p>Where a landlord has contravened the requirements, an improvement notice may be served.\u00a0 It is served in writing.\u00a0 It must set out that the housing authority believes that a contravention of the regulations has taken place, specify the regulation and give reasons for its opinion.<\/p>\n<p>It must direct remediation of the contravention within a period specified.\u00a0 It must set out particulars of the right to appeal and the consequences. A copy of the notice is served on the tenant.<\/p>\n<p>If a landlord believes that it has complied with the notice, it must give notice to the local authority, which may accept the compliance.\u00a0 Within the time specified, it must give notice to the local authority, which may or may not accept that the compliance has been effected.\u00a0 It must give notice to the landlord and tenant within 28 days of receiving notice from the authority.<\/p>\n<p>The landlord may object to an improvement notice within 14 days.\u00a0 The housing authority may reconsider the objection and either confirm it or annul it.\u00a0 There is a provision for appeal to the District Court.\u00a0 It must specify the grounds.\u00a0 The District Court may confirm, annul or revoke the order.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Rented_Housing_Prohibition_Notice\"><\/span>Rented Housing Prohibition Notice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The housing authority may serve a prohibition notice if the improvement notice is not complied with.\u00a0 It shall state that the housing authority is of the opinion that the landlord has failed to comply with the improvement notice and direct that the house shall not be let or re-let for rent or other consideration until the contravention is remediated. It shall et out particular rights of appeal.<\/p>\n<p>The landlord may appeal the prohibition notice to the District Court, and a similar procedure applies to that above.<\/p>\n<p>It is an offence to fail to comply with an improvement or prohibition notice.\u00a0 The landlord concerned is subject on summary conviction to a fine of up to \u20ac5,000 or six months imprisonment.\u00a0 There is provision for continuing offences.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Multi-Storey_Dangerous\"><\/span>Multi-Storey Dangerous<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Local Government (Multi-storey Buildings) \u00a0Act \u00a01988 required local authorities to prepare a register of multi-storey buildings. \u00a0These were buildings more than five stories and were constructed before 1988.\u00a0 A certificate of compliance was required.\u00a0 This followed an incident involving the collapse of flats in Sandymount.<\/p>\n<p>In practice, the building regulations have provided detailed housing standards applicable to new properties or where there is a change of use. \u00a0In addition to building regulations. standards for a range of construction materials have been specified.\u00a0 See our separate section on building regulations.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Liability_for_Negligence\"><\/span>Liability for Negligence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In exceptional cases, the courts have held that there is a sufficient relationship so that public authorities are liable for damages in a civil action for failures to ensure compliance with housing standards.\u00a0 Some of these negligence cases, however, were decided at the high point of judicial activism in pushing out the boundaries of civil liability for negligence.<\/p>\n<p><!--nextpage--><\/p>\n<h2>HOUSING ACT 1966<\/h2>\n<p>PART IV<\/p>\n<h4>Overcrowded and Unfit Houses<\/h4>\n<p>Section 63<\/p>\n<h4>Definition of \u201covercrowding\u201d.<\/h4>\n<p>&nbsp;<\/p>\n<p>63.\u2014A house shall for the purposes of this Act be deemed to be overcrowded at any time when the number of persons ordinarily sleeping in the house and the number of rooms therein either\u2014<\/p>\n<p>(a) are such that any two of those persons, being persons of ten years of age or more of opposite sexes and not being persons living together as husband and wife, must sleep in the same room, or<\/p>\n<p>(b) are such that the free air space in any room used as a sleeping apartment, for any person is less than four hundred cubic feet (the height of the room, if it exceeds eight feet, being taken to be eight feet, for the purpose of calculating free air space),<\/p>\n<p>and \u201covercrowding\u201d shall be construed accordingly.<\/p>\n<p>Section 64<br \/>\nObligation to give particulars relating to a house.<\/p>\n<p>64.\u2014(1) A housing authority may for the purposes of this Part of this Act by notice in writing require the owner or occupier of a house to state in writing to the authority, within a period specified in the notice, being not less than fourteen days beginning on the date of the notice, the following particulars:<\/p>\n<p>(a) the total number and the dimensions of the rooms in the house;<\/p>\n<p>(b) the purpose for which each such room is currently used;<\/p>\n<p>(c) the number of occupants in the house on a date specified in the notice;<\/p>\n<p>(d) the sanitary and cooking facilities available to such occupants; and<\/p>\n<p>(e) such other particulars relating to the house as the authority may specify in the notice.<\/p>\n<p>(2) Any person who is required by a notice under this section to state in writing any matter or thing to a housing authority and either fails to state such matter or thing within the period specified in the notice or, when so stating such matter or thing, makes any statement which to his knowledge is false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C35<br \/>\nSubs. (2) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18\/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992. The maximum fine of \u00a31,000 translates into a class C fine not exceeding \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6, S.I. No. 662 of 2010.<\/p>\n<p>Increase in fines, etc.<\/p>\n<p>33.\u2014(1) (a) Any person convicted of an offence for which a fine is provided under a provision referred to in paragraph (b) shall, in lieu of that fine, be liable to a fine not exceeding \u00a31,000 and those sections shall be construed and have effect accordingly.<\/p>\n<p>(b) The provisions to which paragraph (a) relates are as follows:<\/p>\n<p>(i) in the Principal Act, sections 3(5), 4(2) and 61(2), subsection (7) (inserted by the Housing Act, 1970) of section 62, section 64(2), subsections (3) and (4) of section 65, section 67(3), subsections (1), (2) and (3)(b) of section 68 and subsections (1)(a) and (2) of section 69, and<\/p>\n<p>&#8230;<\/p>\n<p>Section 65<\/p>\n<h4>Overcrowded houses.<\/h4>\n<p>65.\u2014(1) A housing authority may, if they think fit, serve on the owner of a house a notice in writing specifying the maximum number and categories of persons, by whom, having regard to section 63 of this Act, the house or any room therein may at any time be occupied without causing overcrowding, and the authority may, as respects any notice served under this section, require the owner on whom it is served to publish, in such manner as the authority may specify, the contents of the notice.<\/p>\n<p>(2) Where the owner of a house is causing or permitting the house to be overcrowded, the housing authority may, if they think fit, serve on such owner a notice in writing requiring him to desist from causing or permitting such overcrowding and specifying the period, being not less than twenty-one days beginning on the date of the notice, within which, or the event after the occurrence of which, the requirements of the notice are to be complied with.<\/p>\n<p>(3) Any person who neglects or refuses to comply with a requirement of a housing authority to publish the contents of a notice under subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.<\/p>\n<p>(4) Where a notice has been served under subsection (2) of this section and the person on whom the notice has been served, at any time after the expiration of the period or the occurrence of the event specified in the notice, causes or permits the house to which the notice relates to be overcrowded, he shall, subject to subsection (5) of this section, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for a term not exceeding one month or to both such fine and imprisonment.<\/p>\n<p>(5) Where a house which would not otherwise be overcrowded becomes overcrowded by reason of the increase in the age or in the number of children of the person by whom the house is occupied, the owner of the house shall not be guilty of an offence under subsection (4) of this section.<\/p>\n<p>(6) Notwithstanding subsection (1) of section 121 of this Act, on the commencement of this section bye-laws made under section 62 of the Housing of the Working Classes Act, 1890, or section 20 of the Housing (Ireland) Act, 1919, shall, in so far as they relate to overcrowding, cease to have effect.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C36<br \/>\nSubss. (3), (4) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18\/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992. The maximum fine of \u00a31,000 translates into a class C fine not exceeding \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6, S.I. No. 662 of 2010.<\/p>\n<p>Increase in fines, etc.<\/p>\n<p>33.\u2014(1) (a) Any person convicted of an offence for which a fine is provided under a provision referred to in paragraph (b) shall, in lieu of that fine, be liable to a fine not exceeding \u00a31,000 and those sections shall be construed and have effect accordingly.<\/p>\n<p>(b) The provisions to which paragraph (a) relates are as follows:<\/p>\n<p>(i) in the Principal Act, sections 3(5), 4(2) and 61(2), subsection (7) (inserted by the Housing Act, 1970) of section 62, section 64(2), subsections (3) and (4) of section 65, section 67(3), subsections (1), (2) and (3)(b) of section 68 and subsections (1)(a) and (2) of section 69, and<\/p>\n<p>&#8230;<\/p>\n<p>Section 66<\/p>\n<h4>Unfit houses.<\/h4>\n<p>66.\u2014(1) Where a housing authority are of opinion that a house is unfit for human habitation in any respect, the authority shall, unless they are also of opinion that the house is not capable of being rendered so fit in such respect at a reasonable expense, serve on the owner of the house and, in so far as it is reasonably practicable to ascertain such person, on any other person having an interest in the house whether as mortgagee, tenant or otherwise, a notice in writing (in this Act referred to as a repairs notice) specifying the matters in respect of which it is alleged that the house is unfit for human habitation and requiring the owner to execute, within a period specified in the notice, being not less than twenty-eight days beginning on the date of the notice, such works as may be necessary to make the house, as respects the matters specified in the notice, fit for human habitation, and in particular, a repairs notice may, if the authority think fit, specify the works which are, in the opinion of the authority, necessary to make the house so fit for human habitation or to prevent the structure of the house deteriorating, and such owner, his servants or agents shall carry out the works necessary to comply with the requirements of the notice and may, for that purpose, enter on any land.<\/p>\n<p>(2) The housing authority in considering whether a house is unfit for human habitation shall have regard to the extent (if any) to which the house is deficient as respects each of the matters set out in the Second Schedule to this Act.<\/p>\n<p>(3) The housing authority shall, in determining for the purposes of this section whether a house is in any respect capable of being rendered fit for human habitation at a reasonable expense, have regard to the estimated cost of, and the increase in the value of the house which the authority estimate will be attributable to, rendering the house so fit.<\/p>\n<p>(4) Where the housing authority are of opinion that a house is unfit for human habitation in any respect and is not capable of being rendered so fit in such respect at a reasonable expense, they shall serve upon the owner of the house and, in so far as it is reasonably practicable to ascertain such persons, on any other person having an interest in the house, whether as mortgagee, tenant or otherwise, notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the house and any offer with respect to the carrying out of works, or the future use of the house, which the owner may wish to submit will be considered by the authority, and every such person shall be entitled to be heard when the matter is so considered.<\/p>\n<p>(5) Where a housing authority have served a notice under subsection (4) of this section, they may, if they think fit, after consultation with the owner of or any person having an interest in the house to which the notice relates, accept an undertaking from him, either that he will within a period specified in the undertaking carry out such works as will, in the opinion of the authority, render the house fit for human habitation, or that the house shall not be used for human habitation until the authority, on being satisfied that it has been rendered fit for the purpose, cancel the undertaking.<\/p>\n<p>(6) In case no undertaking is accepted under subsection (5) of this section by the housing authority, or in case an undertaking has been accepted and any work to which the undertaking relates is not carried out within the period specified in the undertaking, or in case the house is at any time used in contravention of the terms of the undertaking, the authority shall forthwith make one of the following:<\/p>\n<p>(a) an order (in this Act referred to as a closing order) prohibiting the use of the house or any part of the house, for any purpose specified by the housing authority in the order; or<\/p>\n<p>(b) an order (in this Act referred to as a demolition order) requiring, in case an undertaking is so accepted, the person giving the undertaking, or, in any other case, the owner of the house, to do the following:<\/p>\n<p>(i) within a period specified in the order, being not less than twenty-eight days beginning on the date of the order, to vacate the house or cause the same to be vacated and upon such vacation, to secure the house against re-occupation; and<\/p>\n<p>(ii) within six weeks after the expiration of the period so specified, or if the house is not vacated within such period, within six weeks after the date on which it is vacated, or in either case within such longer period as in the particular circumstances the housing authority consider reasonable to specify, to demolish the house and clear and level the site thereof and remove any debris therefrom and, if the authority think fit, to erect a wall or barrier between any open road, street or public place,and any person, his servants or agents, may, for the purpose of complying with the requirements of the demolition order, enter on any land.<\/p>\n<p>(7) A demolition order may, as respects any works the execution of which is necessary for compliance with the requirements of the order, require that the works be carried out in accordance with such conditions F54[(including conditions requiring the taking of such reasonable steps as will ensure that the works, either while being carried out or when completed, will neither cause injury to any adjoining or adjacent building nor interfere with the stability thereof)], if any, specified in the order as the authority think appropriate and in such manner as may be specified in the order.<\/p>\n<p>(8) Where a housing authority have made a demolition order in respect of a house, the authority may, if they think fit, accept from the owner or from any other person having an interest in the house, an undertaking that the house or any part thereof shall thenceforth be used solely for a purpose other than human habitation and specified in the undertaking.<\/p>\n<p>(9) In case a housing authority accept an undertaking under subsection (8) of this section, the following provisions shall apply:<\/p>\n<p>(a) the authority shall, as respects the house or part thereof to which the undertaking relates, thereupon make a closing order under subsection (6) of this section;<\/p>\n<p>(b) upon the making of the closing order the demolition order mentioned in the said subsection (8) shall\u2014<\/p>\n<p>(i) in case it is already operative, cease to be operative,<\/p>\n<p>(ii) in case it has not become operative, remain inoperative,<\/p>\n<p>for so long as, but only for as long as, the closing order remains operative; and<\/p>\n<p>(c) if the house or any part thereof is at any time used in contravention of the terms of the undertaking, the authority shall, notwithstanding subsection (10) of this section, forthwith determine the closing order.<\/p>\n<p>(10) Where a housing authority have made a closing order in respect of a house, the authority may, at any time not less than six months after the making of the order, determine the order and make a demolition order in respect of the house.<\/p>\n<p>(11) Where a housing authority are satisfied that the premises to which a closing order relates or part of such premises have or has been rendered fit for human habitation\u2014<\/p>\n<p>(a) in case the authority are so satisfied as respects such premises, they shall determine the order, or<\/p>\n<p>(b) in case the authority are so satisfied as respects part of such premises, they may, if they think fit, determine the order in so far as it relates to that part,<\/p>\n<p>and notwithstanding paragraph (b) of subsection (9) of this section, a demolition order shall not become operative by reason only of the fact that the authority have determined a closing order under this subsection.<\/p>\n<p>(12) A housing authority shall, as soon as may be after making a closing order or demolition order or determining a closing order either in whole or in part, serve a copy of the order or notice in writing of the determination on the owner of the house, and, in so far as it is reasonably practicable to ascertain such person, on any other person having an interest in the house.<\/p>\n<p>(13) For the purposes of this Part of this Act, a repairs notice, demolition order or closing order shall become operative;<\/p>\n<p>(a) in case an appeal is made under section 72 of this Act against the notice or order and the court, on such appeal, confirms the notice or order with or without modifications, alterations or additions\u2014on the determination of the appeal by the court or on such other date as the court may decide,<\/p>\n<p>(b) in any other case\u2014on the expiration of the period ending twenty-one days after the date of the service of the notice or the copy of the order.<\/p>\n<p>(14) Whenever a demolition order has become operative, the housing authority shall serve on the occupier of the house to which the order relates a notice in writing stating the effect of the order and specifying the date by which the order requires the house to be vacated and requiring him to quit the house before the said date or before the expiration of twenty-eight days from the service of the notice, whichever is the later, and if at any time after the date on which the notice requires the house to be vacated any person is in occupation of the house, or of any part thereof, the authority or the owner of the house may apply to the justice of the District Court having jurisdiction in the district court district in which the house is situate for the issue of a warrant under this section.<\/p>\n<p>(15) Upon hearing an application duly made under subsection (14) of this section, the justice of the District Court hearing the application shall, in case he is satisfied that the notice required by this section has been duly given and the requirement of the notice has not been complied with, issue the warrant.<\/p>\n<p>(16) The provisions of sections 86, 87 and 88 of the Act of 1860 shall apply in respect of the issue of a warrant under this section and the warrant when so issued shall have the same effect as a warrant under the said section 86.<\/p>\n<p>(17) Nothing in the Landlord and Tenant Acts, 1931 and 1958, or the Rent Restrictions Act, 1960, shall, as respects premises to which a F55[\u2026] closing order, demolition order or undertaking accepted under this section relates, prevent\u2014<\/p>\n<p>(a) the owner of the premises,<\/p>\n<p>(b) the person from whom the undertaking was accepted, or<\/p>\n<p>(c) the housing authority,<\/p>\n<p>from obtaining possession of the said premises.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F54<br \/>\nInserted (15.07.1969) by Housing Act 1969 (16\/1969), s. 11(a), commenced on enactment.<\/p>\n<p>F55<br \/>\nDeleted (15.07.1969) by Housing Act 1969 (16\/1969), s. 11(b), commenced on enactment.<\/p>\n<p>Section 67<\/p>\n<h4>Housing authority may affix notice of serving repairs notice, making closing order or demolition order or accepting undertaking.<\/h4>\n<p>67.\u2014(1) Whenever a repairs notice, a closing order or a demolition order has become operative or a housing authority have accepted an undertaking under subsection (5) or (8) of section 66 of this Act, the authority may affix to or near the premises to which the notice, order or undertaking relates, a notice complying with the requirements of subsection (2) of this section.<\/p>\n<p>(2) A notice affixed under the foregoing subsection shall, state that the repairs notice, closing order or demolition order has become operative or that the undertaking has been accepted by the housing authority, as the case may be, specify the premises to which the order or undertaking relates and state the penalties which may be imposed under subsection (1) or (2) of section 68 of this Act in respect of the use or permitted use of the premises in contravention of the said section 68, together with the substance of subsection (3) of this section.<\/p>\n<p>(3) A person who defaces a notice affixed under this section, or who, without lawful authority, removes the notice, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C37<br \/>\nSubs. (3) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18\/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992. The maximum fine of \u00a31,000 translates into a class C fine not exceeding \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6, S.I. No. 662 of 2010.<\/p>\n<p>Increase in fines, etc.<\/p>\n<p>33.\u2014(1) (a) Any person convicted of an offence for which a fine is provided under a provision referred to in paragraph (b) shall, in lieu of that fine, be liable to a fine not exceeding \u00a31,000 and those sections shall be construed and have effect accordingly.<\/p>\n<p>(b) The provisions to which paragraph (a) relates are as follows:<\/p>\n<p>(i) in the Principal Act, sections 3(5), 4(2) and 61(2), subsection (7) (inserted by the Housing Act, 1970) of section 62, section 64(2), subsections (3) and (4) of section 65, section 67(3), subsections (1), (2) and (3)(b) of section 68 and subsections (1)(a) and (2) of section 69, and<\/p>\n<p>&#8230;<\/p>\n<p>Section 68<\/p>\n<h4>Restriction on user of premises to which repairs notice, closing order, demolition order or undertaking applies.<\/h4>\n<p>68.\u2014(1) Any person who, knowing that a repairs notice has been served and applies to a house and that the notice has not been complied with, uses the house for human habitation at a time immediately before which the house was vacant, or permits it to be so used, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds, or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both such fine and imprisonment.<\/p>\n<p>(2) Any person who, knowing that a closing order or a demolition order has become operative and applies to a premises, or that an undertaking has been accepted under this Part of this Act that premises shall not be used or shall be used only for certain purposes specified in the undertaking, uses the premises in contravention of the terms of the order or undertaking, or permits them to be so used, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both such fine and imprisonment.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a person has been convicted of an offence under subsection (1) of this section in relation to a repairs notice or under subsection (2) of this section in relation to a closing order, a demolition order or an undertaking,<\/p>\n<p>(b) after the date of the conviction the person, in case he has been convicted under subsection (1) of this section, uses or permits to be used for human habitation premises to which the notice relates, or in case he has been convicted under subsection (2) of this section, uses or permits to be used premises to which the order or undertaking relates in contravention of the terms of the order or the undertaking,<\/p>\n<p>(c) at the time of such user the notice has not been complied with or the order or undertaking is, as respects the premises so used or permitted to be so used, still in force,<\/p>\n<p>the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.<\/p>\n<p>(4) An offence under subsection (3) of this section shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.<\/p>\n<p>(5) In any proceedings under this section against a person for permitting the use for human habitation of premises to which a repairs notice, a closing order, a demolition order or an undertaking applies, it shall be presumed that the person permitted such use unless, without prejudice to any other defence, he shows that he did not receive, directly or indirectly, any payment or other valuable consideration in respect of the use and that he took appropriate action to terminate the use.<\/p>\n<p>(6) Where a closing order or demolition order has become operative in respect of premises or an undertaking has been accepted as aforesaid that a premises shall not be used for certain purposes specified in the undertaking, it shall not be lawful for any person to require the payment of any sum or the giving of any valuable consideration in respect of the use of the premises in contravention of the terms of the order or undertaking, and where such payment or consideration is made or given in respect of any such use the amount or value thereof may be recovered as a simple contract debt in any court of competent jurisdiction.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C38<br \/>\nSubss. (1), (2) and (3)(b) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18\/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992. The maximum fine of \u00a31,000 translates into a class C fine not exceeding \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6, S.I. No. 662 of 2010.<\/p>\n<p>Increase in fines, etc.<\/p>\n<p>33.\u2014(1) (a) Any person convicted of an offence for which a fine is provided under a provision referred to in paragraph (b) shall, in lieu of that fine, be liable to a fine not exceeding \u00a31,000 and those sections shall be construed and have effect accordingly.<\/p>\n<p>(b) The provisions to which paragraph (a) relates are as follows:<\/p>\n<p>(i) in the Principal Act, sections 3(5), 4(2) and 61(2), subsection (7) (inserted by the Housing Act, 1970) of section 62, section 64(2), subsections (3) and (4) of section 65, section 67(3), subsections (1), (2) and (3)(b) of section 68 and subsections (1)(a) and (2) of section 69, and<\/p>\n<p>&#8230;<\/p>\n<p>Section 69<\/p>\n<h4>Enforcement of repairs notice or demolition order.<\/h4>\n<p>69.\u2014(1) If the requirements of a repairs notice or demolition order have not been complied with in any respect, then, after the expiration of the period for compliance specified in the notice or order, or if an appeal has been made under section 72 of this Act against the notice or order and upon the appeal the notice or order has been confirmed with or without variation, after the expiration of twenty-one days from the final determination of the appeal or of such longer period as the court may in determining the appeal allow, the following provisions shall apply:<\/p>\n<p>(a) the owner of the house to which the notice or order relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds, and<\/p>\n<p>(b) the housing authority may do anything required to be done by the notice or order, or by the notice or order as varied by the court, and for that purpose the authority, their servants or agents may enter any land.<\/p>\n<p>(2) Where a housing authority are about to enter a house for the purpose of doing any works under subsection (1) of this section, the authority may give notice of their intention to do so to the owner of the house and, at their discretion, to any other person having an interest in the house whether as mortgagee, tenant or otherwise, and if at any time after the expiration of seven days from the service upon him of such notice and whilst any workman or contractor employed by the authority is carrying out works in the house any person upon whom the notice was served or any workman employed by him, or by any contractor employed by him, is in the house for the purpose of carrying out any works, the person upon whom the notice was served shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds, unless he proves to the satisfaction of the court before which he is charged that there was urgent necessity to carry out the said works in order to obviate danger to occupants of the house.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C39<br \/>\nSubss. (1)(a), (2) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18\/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992. The maximum fine of \u00a31,000 translates into a class C fine not exceeding \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6, S.I. No. 662 of 2010.<\/p>\n<p>Increase in fines, etc.<\/p>\n<p>33.\u2014(1) (a) Any person convicted of an offence for which a fine is provided under a provision referred to in paragraph (b) shall, in lieu of that fine, be liable to a fine not exceeding \u00a31,000 and those sections shall be construed and have effect accordingly.<\/p>\n<p>(b) The provisions to which paragraph (a) relates are as follows:<\/p>\n<p>(i) in the Principal Act, sections 3(5), 4(2) and 61(2), subsection (7) (inserted by the Housing Act, 1970) of section 62, section 64(2), subsections (3) and (4) of section 65, section 67(3), subsections (1), (2) and (3)(b) of section 68 and subsections (1)(a) and (2) of section 69, and<\/p>\n<p>&#8230;<\/p>\n<p>Section 70<br \/>\nBye-laws in relation to rented houses.<\/p>\n<p>70.\u2014F56[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F56<br \/>\nRepealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18\/1992), s. 37(1) and sch., S.I. No. 223 of 1992, subject to certain exceptions and transitional provisions in subss. (2)-(5).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E168<br \/>\nPrevious affecting provision: provision for bye-laws made under section to cease in certain circumstances made (26.07.1982) by Housing (Private Rented Dwellings) Act 1982 (6\/1982), s. 26(6), S.I. No. 216 of 1982; section repealed as per F-note above.<\/p>\n<p>Section 71<\/p>\n<h4>Recovery of expenses of repair and demolition, etc.<\/h4>\n<p>71.\u2014(1) Where any expenses have been incurred by a housing authority under subsection (14) of section 66, section 69 or section 70 of this Act in relation to a house, the authority may make a demand in writing of the owner of the house for payment thereof and if after the expiration of fourteen days from the date of the demand, the expenses or any part thereof have not been paid or an offer by the owner to pay the expenses in instalments or otherwise has not been accepted by the authority, the amount which is unpaid together with interest, at the rate of interest at which the authority can, on the date when the demand is made, borrow from the local loans fund, may, without prejudice to any other method of recovery, be recovered either in whole or in part by the authority in one or more of the following ways:<\/p>\n<p>(a) by the sale by the authority of any materials resulting from any works carried out by the authority in relation to the house and the retention by them of so much of the proceeds of the sale as is equal to the amount of such expenses, with interest;<\/p>\n<p>(b) by requiring the occupier of the house (whether the occupation commenced before or after any of the expenses were incurred by the authority) to pay to the authority any rent or payment in lieu of rent then due or thereafter to become due by him until the amount of the expenses with any interest due thereon is paid to the authority, or in case the house is or becomes vacant, by letting the same, until the said amount is so paid, on such terms and conditions as the authority think fit, provided that the authority shall serve on the owner of the house not less than twenty-one days&#8217; notice either, as may be appropriate, of their intention to require the occupier to pay to them any rent or other payment so due, or of the terms and conditions upon which they propose so to let the house or of any variation which they propose to make in such terms and conditions;<\/p>\n<p>(c) by making an order (in this section referred to as a charging order) charging the house and, at the discretion of the housing authority, all other premises held therewith by the same tenure or under the same tenancy, with the amount of the expenses, with interest thereon;<\/p>\n<p>(d) by recovery from the owner of the house or the person receiving the rent of the house as a simple contract debt in a court of competent jurisdiction, provided that, if the person proves that he is receiving the rent merely as an agent or trustee for some other person, and has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority, his liability shall be limited to the total amount of the money which he has, or has had, in his hands as aforesaid.<\/p>\n<p>(2) Any surplus moneys arising on a sale pursuant to paragraph (a) of subsection (1) of this section shall be paid by the housing authority to the owner of the house, or if there is more than one owner, to each such owner in such proportions as the owners may agree, or (in default of agreement) as the justice of the District Court, having jurisdiction in the district court district in which the house is situate may, on the application of any such owner, determine.<\/p>\n<p>(3) The service of a notice under paragraph (b) of the said subsection (1) upon an owner shall operate to transfer to the housing authority the exclusive right to recover, receive and give a discharge for the rent or other payment payable by virtue of the said subsection (1) to the authority and if at any time during the period when the rent or other payment is so receivable by the authority, the owner, after being requested by the authority, refuses to execute as respects the house any maintenance or other works for which he as owner is liable, the authority may execute the works and any expenses incurred by the authority in executing the works shall be recoverable by the authority in like manner as if such expenses were expenses incurred by the authority under the said subsection (14) of section 66, the said section 69 or the said section 70 in relation to the house.<\/p>\n<p>(4) A charging order shall be deemed to be a F57[legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009], and the housing authority shall be the mortgagees for the purposes of F58[that Act] and shall accordingly have, in relation to every charging order, all the powers conferred by F58[that Act] on mortgagees under mortgages made by deed.<\/p>\n<p>(5) Wherever a housing authority make a charging order they shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or by the registering authority, as the case may require.<\/p>\n<p>(6) A charging order affecting land registered by the registering authority shall be registerable by that authority as a burden affecting such land whether the person named in such order as the owner or the occupier of the land is or is not registered by the said authority as the owner of such land.<\/p>\n<p>(7) Where\u2014<\/p>\n<p>(a) land is offered for sale by the Irish Land Commission under any statutory power in that behalf vested in them, and<\/p>\n<p>(b) such land is subject to a charging order,<\/p>\n<p>the land shall be sold subject to the charge created by the order in addition to any other charge, encumbrance, or liability subject to which such land is, apart from this subsection, required by law to be sold.<\/p>\n<p>(8) In calculating expenses described in this section, any costs incidental to the recovery of the amount due, including costs in relation to proceedings in the District Court or in relation to the registration of a charging order in the Registry of Deeds or by the registering authority, shall be included by the housing authority, and the amount of a grant made under any enactment (including this Act) in respect of works to which the expenses relate, together with, if the housing authority think fit, the amount of any supplementary grant which could be made by the housing authority in respect of the works, shall be deducted by the housing authority.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F57<br \/>\nSubstituted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27\/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009.<\/p>\n<p>F58<br \/>\nSubstituted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27\/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E169<br \/>\nPrevious affecting provision: application of subss. (4)-(7) extended and term \u201ccharging order\u201d construed (15.07.1969 to 31.12.1972) by Housing Act 1969 (16\/1969), s. 7(3), commenced on enactment; continued in effect (20.12.1972 to 31.12.1974) by S.I. No. 324 of 1972; further continued in effect (20.12.1974 to 31.12.1977) by S.I. No. 366 of 1974; further continued in effect (22.12.1977 to 31.12.1979) by S.I. No. 390 of 1977; further continued in effect (7.12.1977 to 31.12.1981) by S.I. No. 389 of 1979; further continued in effect (22.12.1979 to 31.12.1984), S.I. No. 435 of 1981.<\/p>\n<p>Section 72<\/p>\n<h4>Appeals.<\/h4>\n<p>72.\u2014(1) Any person aggrieved by\u2014<\/p>\n<p>(a) a repairs notice, a closing order, a demolition order, or a refusal to determine a closing order,<\/p>\n<p>(b) a charging order under paragraph (c) of subsection (1) of section 71 of this Act,<\/p>\n<p>(c) a demand for the recovery of expenses incurred by a housing authority in doing anything required to be done by a repairs notice or a demolition order,<\/p>\n<p>(d) a requirement that a rent or a payment in lieu of rent be paid to a housing authority, a notice or a letting under or by virtue of paragraph (b) of subsection (1) of section 71 of this Act,<\/p>\n<p>may, within the period ending twenty-one days after the date of the service of the notice or copy of the order, the making of the demand, or after the refusal, as the case may be, appeal to the Circuit Court;<\/p>\n<p>Provided that\u2014<\/p>\n<p>(i) on an appeal in relation to a demand for the recovery of expenses incurred by a housing authority in doing anything required to be done by a repairs notice or a demolition order, no question shall be raised which might have been raised on an appeal against the notice or order, and<\/p>\n<p>(ii) no appeal shall lie under paragraph (a) of this subsection in relation to a closing order at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.<\/p>\n<p>(2) On the hearing of any appeal under this section, the Circuit Court may, as it thinks proper,\u2014<\/p>\n<p>(a) confirm the notice, demand, order, refusal, letting or requirement unconditionally,<\/p>\n<p>(b) confirm the notice, demand, order, letting or requirement, subject to such modifications, alterations or additions as the Court thinks reasonable,<\/p>\n<p>(c) annul the notice, demand, order, letting or requirement, or<\/p>\n<p>(d) determine the closing order.<\/p>\n<p>(3) The Circuit Court may accept such undertaking as might have been accepted by the housing authority, and any undertaking so accepted by the Circuit Court shall have the like effect as if such undertaking had been given to and accepted by the housing authority under this Part of this Act.<\/p>\n<p>(4) Where the Circuit Court annuls a repairs notice it shall, if requested by the housing authority so to do, include in its judgment a finding whether the premises can or cannot be rendered fit for human habitation at a reasonable expense.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E170<br \/>\nPrevious affecting provision: application of section extended and term \u201ccharging order\u201d construed (15.07.1969 to 31.12.1972) by Housing Act 1969 (16\/1969), s. 7(3), commenced on enactment; continued in effect (20.12.1972 to 31.12.1974) by S.I. No. 324 of 1972; further continued in effect (20.12.1974 to 31.12.1977) by S.I. No. 366 of 1974; further continued in effect (22.12.1977 to 31.12.1979) by S.I. No. 390 of 1977; further continued in effect (7.12.1977 to 31.12.1981) by S.I. No. 389 of 1979; further continued in effect (22.12.1979 to 31.12.1984), S.I. No. 435 of 1981.<\/p>\n<p>Section 73<\/p>\n<h4>Power of Circuit Court to determine lease of house in respect of which demolition order is made.<\/h4>\n<p>73.\u2014(1) Where a housing authority have made a demolition order in respect of a house and the authority have not accepted an undertaking under subsection (8) of section 66 of this Act, and the house forms the subject matter of a lease, either the lessor or the lessee may apply to the Circuit Court for an order determining the lease.<\/p>\n<p>(2) Upon any application under subsection (1) of this section the Circuit Court, after giving to any sub-lessee an opportunity of being heard, may, if it thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as the court may think just and equitable to impose, regard being had to the respective rights, obligations and liabilities of the parties under the lease and all the other circumstances of the case.<\/p>\n<p>(3) In this section, \u201clease\u201d includes an underlease and any tenancy or any agreement for a lease, under-lease, or tenancy, and \u201clessor\u201d, \u201clessee\u201d, and \u201csub-lessee\u201d shall be construed accordingly, and as including also a person deriving title under a lessor, lessee or sub-lessee.<\/p>\n<p>Section 74<\/p>\n<h4>Action under section 65, 66 or 69 of Act not to prejudice other remedies.<\/h4>\n<p>74.\u2014No action taken under section 65, 66 or 69 of this Act shall prejudice or affect any other powers (including a power under this Act) of the housing authority or any remedy available to a tenant against a landlord, or to a landlord against a tenant, either at common law or otherwise.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-10496\" data-postid=\"10496\" class=\"themify_builder_content themify_builder_content-10496 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Overcrowded Houses A house is deemed overcrowded at any time when the number of persons ordinarily sleeping in it and the number of rooms in it are such that any two of those persons over 10, not of the same sex, must sleep in the same room or are such that the free air used [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[277],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10496"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10496"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10496\/revisions"}],"predecessor-version":[{"id":36062,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10496\/revisions\/36062"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10496"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10496"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10496"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}