S.I. No. 270/1978 - Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations, 1978.

1. In consideration of the sum specified at paragraph 2 below the

2

.................. (hereinafter referred to as the housing authority), in exercise of the powers conferred on them by

section 90

of the

Housing Act, 1966

, and

section 26

of the

Landlord and Tenant (Ground Rents) (No. 2) Act, 1978

.

HEREBY VEST on the

...................................

day of

.........................................

19..........

the dwelling described in the Schedule to this Order in3

............................................................ .

............................................................ ....................

of

............................................................ .

............................................................ ............................................................ ............................................................ .........

(hereinafter referred to as "the purchaser" which expression where the context so admits includes his successors in title) in fee simple to the intent that the leasehold interest in the said dwelling vested in

4

........................ by transfer order dated the ............ day of ..................... 19...... shall merge and be extinguished in the fee simple subject to the terms, conditions and special conditions herein specified and subject as respects the fee simple interest to the charge for the sum off £ ............ in respect of the purchase money for the said leasehold interest under the said transfer order (and to the contingent charge contained in the said transfer order).

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2. The sum of £............ being the purchase money of the fee simple together with the fee of £5 prescribed in

section 26

(8) of the

Landlord and Tenant (Ground Rents) (No. 2) Act, 1978

has been paid by the purchaser to the housing authority.

3. The following special condition shall apply to the dwelling

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Payment in respect of the purchase money for the said leasehold interest shall be made punctually on the due dates as specified in the said transfer order.

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4. The following special conditions shall apply to the dwelling until ........................ or while any part of the purchase money in respect of the leasehold interest remains unpaid

8

(

a

) the dwelling shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser's successor in title or by a member of the purchaser's family or the family of his successor in title;

(

b

) the dwelling or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.

5. The following conditions shall apply to the dwelling

1

6. The purchaser hereby assents to the registration of the charge(s) at 1 above as burden(s) on the fee simple interest in the property described in this transfer order.

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SCHEDULE

Description of dwelling

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The official seal of the housing authority was affixed hereto in the presence of

............................................................ .................

Signed ............................................................ .........

Date ............................................................ ............

Signed, sealed and delivered by the purchaser in the presence of

............................................................ .................

............................................................ .....................

Purchaser

............................................................ .................

Date

............................................................ .....................

Directions for completing this Form

1

Insert name of functional area of housing authority.

2

Insert name of housing authority.

3

Insert name and address of purchaser of fee simple.

4

Insert name and address of purchaser of the leasehold-interest.

5

Insert amount of purchase money in respect of the leasehold interest and reference to contingent charge where appropriate.

6

Delete special condition where the purchase money in respect of the leasehold interest is paid in full before the making of this transfer order.

7

Insert manner for payment of purchase money in respect of the leasehold interest.

8

The special conditions (

a

) and (

b

) in paragraph 4 shall be included only where a house has been leased to a tenant thereof. Special conditions (

a

) and (

b

) shall apply for a period of twenty-five years from the date of vesting specified in the original instrument effecting the transfer of the leasehold interest or while any part of the purchase price of the leasehold interest remains unpaid whichever is the greater.

9

Insert the appropriate conditions as to repair, to use as a dwelling only, to right of entry of housing authority, to insurance in joint names of purchaser and authority and such other conditions as are required.

10

Delete reference to charge(s) where not appropriate.

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Insert suitable description. Where description is by reference to a map the map should be clearly identified and attached to the order.

GIVEN under the Official Seal of the Minister for the Environment

this 15th day of September, 1978.

SYLVESTER BARRETT,

Minister for the Environment.

The Minister for Finance hereby consents to the foregoing Regulations.

Dated this 15th day of September, 1978.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations repeal Article 9 and Part I of the Schedule to the Housing Authorities (Borrowing and Management) Regulations, 1974 which prescribe the form of transfer order to be used to effect the sale of local authority dwellings under

Section 90

of the

Housing Act, 1966

.

A revised form of transfer order providing for the sale of local authority houses in fee simple in accordance with

Section 4

of the

Landlord and Tenant (Ground Rents) Act, 1978

is prescribed in these Regulations. Provision is also made in the transfer order for the sale of local authority flats by way of lease. In addition, a second form of transfer order is prescribed which will enable owners of houses provided by local authorities to acquire the fee simple in their dwellings in accordance with

section 26

of the

Landlord and Tenant (Ground Rents) (No. 2) Act, 1978

.

These Regulations also provide for an increase in the cost limit of building sites on which contributions to loan charges may be made by the Minister for the Environment under

section 44

of the

Housing Act, 1966

.

19. . .

the dwelling described in the First Schedule to this Order in. 4

.................................................

............................................................ ..................

of

..................................................

............................................................ ............................................................ ..........................................................

(hereinafter referred to as "the purchaser" which expression where the context so admits includes his successors in title) in fee simple5

(or for the term of ...... years from the said ........ day of .......... 19... subject to a rent of 5p per annum (if demanded) and)6 subject to the terms, conditions and special conditions herein specified.

S.I. No. 270 of 1978.

HOUSING AUTHORITIES (BORROWING AND MANAGEMENT) REGULATIONS, 1974 (AMENDMENT) REGULATIONS, 1978.

The Minister for the Environment, in exercise of the powers conferred on him by

sections 5

,

44

and

90

of the

Housing Act, 1966

(No. 21 of 1966), with the consent of the Minister for Finance, hereby makes the following Regulations