Housing (Miscellaneous Provisions) Act 2009 (2009_act_22) | IE

ISB Act 2009-07-15

Schedule 1 Housing (Miscellaneous Provisions) Act 2009 Open official source

SCHEDULE 1 Repeals

SCHEDULE 1

Repeals

Section 7.

Item

Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

(4)

1

No. 21 of 1966

Housing Act 1966

Sections 56, 58 and 61

2

No. 28 of 1988

Housing Act 1988

Sections 8, 9, 11, 14, 15 and 20

3

No. 18 of 1992

Housing (Miscellaneous Provisions) Act 1992

Sections 2, 3 and 9

4

No. 30 of 2000

Planning and Development Act 2000

Sections 98, 99 and 100

5

No. 9 of 2002

Housing (Miscellaneous Provisions) Act 2002

Sections 6, 8, 9, 10 and 14

ISB Act 2009-07-15

Schedule 2 Housing (Miscellaneous Provisions) Act 2009 Open official source

SCHEDULE 2 Consequential Amendments

SCHEDULE 2

Consequential Amendments

Section 8.

PART 1 Amendments to Housing Act 1966

PART 1

Amendments to Housing Act 1966

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 90

Insert the following after subsection (4): “(4A) Section 211(2) of the Planning and Development Act 2000 shall not apply to the sale of a dwelling under subsection (1)(a)(i).”.

Insert the following after subsection (4)

“(4A) Section 211(2) of the Planning and Development Act 2000 shall not apply to the sale of a dwelling under subsection (1)(a)(i).”.

2

Section 107(7)

Substitute “at the rate at which on the date of the undertaking the authority could borrow from the Housing Finance Agency for the purposes of house purchase loans which are subject to a variable interest rate” for “at a rate specified in the undertaking, being the rate at which on the date of the undertaking the authority could borrow from the local loans fund”.

PART 2 Amendments to Housing Finance Agency Act 1981

PART 2

Amendments to Housing Finance Agency Act 1981

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 4(2)

(a) In paragraph (c), delete “and”. (b) Insert the following after paragraph (c): “ (ca) to manage the Affordable Dwellings Fund established under Part 5 of the Housing (Miscellaneous Provisions) Act 2009 in accordance with that Act and any regulations made by the Minister under that Act, (cb) to advance moneys from the said Affordable Dwellings Fund to housing authorities for any purpose authorised by or under section 94 of the Housing (Miscellaneous Provisions) Act 2009, and”.

(a) In paragraph (c), delete “and”.

(b) Insert the following after paragraph (c)

“ (ca) to manage the Affordable Dwellings Fund established under Part 5 of the Housing (Miscellaneous Provisions) Act 2009 in accordance with that Act and any regulations made by the Minister under that Act,

(cb) to advance moneys from the said Affordable Dwellings Fund to housing authorities for any purpose authorised by or under section 94 of the Housing (Miscellaneous Provisions) Act 2009, and”.

2

Section 5

(a) In paragraph (c), delete “or”. (b) In paragraph (d), substitute “ body, or” for “body.”. (c) Insert the following after paragraph (d): “(e) a housing authority from the Affordable Dwellings Fund established under Part 5 of the Housing (Miscellaneous Provisions) Act 2009 subject to and in accordance with that Act and any regulations made by the Minister under that Act, for any purpose authorised by or under section 94 of that Act”.

(a) In paragraph (c), delete “or”.

(b) In paragraph (d), substitute “ body, or” for “body.”.

(c) Insert the following after paragraph (d)

“(e) a housing authority from the Affordable Dwellings Fund established under Part 5 of the Housing (Miscellaneous Provisions) Act 2009 subject to and in accordance with that Act and any regulations made by the Minister under that Act, for any purpose authorised by or under section 94 of that Act”.

3

Section 10(3)

Substitute “€10,000,000,000” for “€6,000,000,000”.

PART 3 Amendments to Housing Act 1988

PART 3

Amendments to Housing Act 1988

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 12

(a) In subsection (1), insert “and (8)” after “subsection (2)”. (b) Insert the following after subsection (7): “(8) (a) This section shall not apply to apartments in a designated apartment complex. (b) For the purposes of paragraph (a), “apartments” and “designated apartment complex” have the same meaning as they have in section 50 of the Housing (Miscellaneous Provisions) Act 2009.

(a) In subsection (1), insert “and (8)” after “subsection (2)”.

(b) Insert the following after subsection (7)

“(8) (a) This section shall not apply to apartments in a designated apartment complex.

(b) For the purposes of paragraph (a), “apartments” and “designated apartment complex” have the same meaning as they have in section 50 of the Housing (Miscellaneous Provisions) Act 2009.

2

Section 13

In subsection (3), substitute “Section 11 of the Housing (Miscellaneous Provisions) Act 2009” for “Section 56(2) of the Principal Act”.

PART 4 Amendments to Housing (Miscellaneous Provisions) Act 1992

PART 4

Amendments to Housing (Miscellaneous Provisions) Act 1992

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 1(1)

Insert the following definitions: “ ‘improvement notice’ has the meaning given to it by section 18A; ‘prohibition notice’ has the meaning given to it by section 18B;”.

Insert the following definitions

“ ‘improvement notice’ has the meaning given to it by section 18A;

‘prohibition notice’ has the meaning given to it by section 18B;”.

2

Section 5

In subsection (2), substitute the following for paragraph (a): “(a) who has been assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support, but only if by exercising those functions the authority is satisfied that the person’s need for such support will be met or obviated, or”.

In subsection (2), substitute the following for paragraph (a)

“(a) who has been assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support, but only if by exercising those functions the authority is satisfied that the person’s need for such support will be met or obviated, or”.

3

Section 18

(a) In subsection (1)— (i) delete “, works and services appurtenant thereto and enjoyed therewith”, and (ii) after “let” to insert “or available for letting”. (b) Delete subsections (3) to (6). (c) In subsection (7)(b), insert “and any common areas” after “house”. (d) In subsection (7): (i) in paragraph (g) substitute “food;” for “food.”, and (ii) insert the following after paragraph (g): “(h) fire safety.”. (e) Substitute the following for subsection (8): “(8) For the purposes of subsection (7)(b) ‘a proper state of structural repair’ means sound, internally and externally, with roof, roofing tiles and slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascia, tiles on any floor, ceiling and wall, gutters, down pipes, fittings, furnishings, gardens and common areas maintained in good condition and repair and not defective due to dampness or otherwise.”. (f) Insert the following after subsection (8): “(9) In this section and sections 18A and 18B— ‘common areas’ means common areas, works and services that are appurtenant to houses and enjoyed therewith and that are in the ownership or under the control of the landlord; ‘landlord’ means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a house by the tenant thereof; ‘tenancy’ includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied; ‘tenant’ means the person for the time being entitled to the occupation of a house under a tenancy.”.

(a) In subsection (1)—

(i) delete “, works and services appurtenant thereto and enjoyed therewith”, and

(ii) after “let” to insert “or available for letting”.

(b) Delete subsections (3) to (6).

(c) In subsection (7)(b), insert “and any common areas” after “house”.

(d) In subsection (7)

(i) in paragraph (g) substitute “food;” for “food.”, and

(ii) insert the following after paragraph (g)

“(h) fire safety.”.

(e) Substitute the following for subsection (8)

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

(f) Insert the following after subsection (8)

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

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

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

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

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

4

New sections

Insert the following new sections after section 18: “Improvement notice. 18A.—(1) Where, in the opinion of a housing authority, a landlord is contravening or has contravened a requirement of a regulation made under section 18, the authority may give notice in writing (in this Act referred to as an “improvement notice”) to the landlord of the house concerned. (2) An improvement notice shall— (a) state that the housing authority is of the opinion referred to in subsection (1), (b) state the reasons for that opinion, (c) identify the provision of the regulation concerned in respect of which that opinion is held, (d) direct the landlord to remedy the contravention within the period specified in the notice commencing on the date specified therein, which date shall not be earlier than the end of the period within which an objection may be submitted under subsection (6), (e) include information regarding the submission of an objection and the making of an appeal in relation to the notice, specifying— (i) the form and manner of an objection, (ii) the form and manner of an appeal, and (iii) the address of the housing authority for the purpose of submitting an objection under subsection (6) or notifying the authority of an appeal under subsection (7), as the case may be, (f) contain a statement that if an objection is not submitted in accordance with subsection (6) and within the period specified in that subsection then— (i) the notice will be treated as not disputed, and (ii) the landlord will be deemed to have accepted the notice and to have agreed to comply with the direction within the period specified therein, and (g) be signed and dated by the housing authority. (3) An improvement notice may include directions as to the measures to be taken to remedy the contravention to which the notice relates or to otherwise comply with the notice. (4) Where an improvement notice is given under subsection (1), the housing authority shall give a copy to the tenant of the house concerned. (5) (a) A landlord to whom an improvement notice has been given who is of the opinion that the improvement notice has been complied with shall, before the expiration of the period specified in the notice for the purpose of subsection (2)(d), confirm in writing to the housing authority that the matters referred to in the notice have been so remedied and shall give a copy of the confirmation to the tenant. (b) Where a landlord confirms to the housing authority in accordance with paragraph (a) that the matters referred to in the improvement notice have been remedied, the housing authority, on being satisfied that the matters have been so remedied, shall, within 28 days of receiving such confirmation, give notice in writing to the landlord of compliance with the improvement notice and shall give a copy of the notice to the tenant. (c) The notice under paragraph (b) does not preclude any inspection which the housing authority considers necessary in relation to the house concerned or the service of a further improvement notice which the authority may consider necessary. (6) A landlord aggrieved by an improvement notice may, within 14 days beginning on the day on which the notice is given to him or her, submit an objection to the notice in the form and manner specified in the notice, and the housing authority shall consider the objection and, as it sees fit, vary, withdraw, cancel or confirm the notice and shall notify the landlord in writing of the decision and the reasons for the decision within 14 days after receipt of the objection. (7) (a) The landlord may, no later than 14 days after the decision under subsection (6) is notified by the housing authority to him or her, appeal the decision to a judge of the District Court in the district court district in which the notice was served. (b) A landlord who appeals under paragraph (a) shall at the same time notify the housing authority in writing of the appeal and the grounds for the appeal. (c) The housing authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal. (d) In determining an appeal under paragraph (a), the judge of the District Court may confirm, vary or cancel the improvement notice if he or she considers it reasonable to do so. (8) Where an objection is submitted under subsection (6) and no appeal is made under subsection (7) against the decision of the housing authority and the improvement notice is neither withdrawn nor cancelled, the notice takes effect on the later of the following: (a) the day after the day on which the notice is confirmed or varied; (b) the day after the objection is withdrawn by the landlord; (c) the date specified in the notice. (9) Where an appeal is made under subsection (7) and the improvement notice is neither withdrawn nor cancelled, the notice takes effect on the later of the following: (a) the day after the day on which the notice is confirmed or varied on appeal; (b) the day after the appeal is withdrawn by the landlord; (c) the date specified in the notice. (10) Where no objection is submitted under subsection (6) the improvement notice takes effect on the date specified in the notice. (11) The housing authority may— (a) withdraw an improvement notice at any time, or (b) where no objection is submitted or appeal made or pending, extend the date specified in the notice for the purposes of subsection (2)(d). (12) Withdrawal of an improvement notice under subsection (11) does not prevent the giving of another improvement notice, whether in respect of the same matter or a different matter. Prohibition notice. 18B.—(1) Where a landlord fails to comply with an improvement notice in accordance with section 18A, the housing authority may give notice in writing (in this Act referred to as a “prohibition notice”) to the landlord of the house concerned. (2) A prohibition notice shall— (a) state that the housing authority is of the opinion that the landlord has failed to comply with an improvement notice, (b) direct that the landlord shall not re-let the house for rent or other valuable consideration until the landlord has remedied the contravention to which the improvement notice relates, (c) include information regarding the making of an appeal in relation to the notice, specifying— (i) the form and manner of an appeal, and (ii) the address of the housing authority for the purpose of notifying the authority of an appeal under subsection (4), and (d) be signed and dated by the housing authority. (3) Where a prohibition notice is given under subsection (1), the housing authority shall give a copy to the tenant of the house concerned. (4) (a) A landlord aggrieved by a prohibition notice may, within 14 days beginning on the day on which the notice is given to him or her, appeal the notice to a judge of the District Court in the district court district in which the notice was served. (b) A landlord who appeals under paragraph (a) shall at the same time notify the housing authority in writing of the appeal and the grounds for the appeal. (c) The housing authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal. (d) In determining an appeal under paragraph (a), the judge of the District Court may confirm, vary or cancel the prohibition notice if he or she considers it reasonable to do so. (5) A prohibition notice shall take effect— (a) in the case of an appeal under subsection (4), on the later of the following: (i) the day after the day on which the notice is confirmed or varied on appeal; (ii) the day after the appeal is withdrawn by the landlord; (iii) the expiry, whether by termination or otherwise, of the tenancy existing on the day on which the prohibition notice is given to the landlord, (b) in any other case on the later of the following: (i) the day after the expiry of the period allowed by subsection (4)(a) for making an appeal; (ii) the expiry, whether by termination or otherwise, of the tenancy existing on the day on which the prohibition notice is given to the landlord. (6) A landlord to whom a prohibition notice has been given who is of the opinion that the matters to which the notice relates have been remedied shall confirm in writing to the housing authority that those matters have been so remedied and shall give a copy of the confirmation to the tenant. (7) Where a landlord on whom a prohibition notice has been served confirms in writing to the housing authority in accordance with subsection (6) that the matters to which the notice relates have been remedied, the housing authority, on being satisfied that the matters have been so remedied, shall, within 28 days of such confirmation, give written notice to the landlord of compliance with the prohibition notice and shall give a copy of the notice to the tenant of the house concerned. (8) A housing authority may at any time withdraw a prohibition notice by notice in writing to the landlord to whom it was given. (9) Withdrawal of a prohibition notice under subsection (8) does not prevent the giving of another prohibition notice. (10) A housing authority shall, in the interests of public health and safety, make such arrangements as they consider appropriate or necessary to bring the contents of a prohibition notice to the attention of the public.”.

Insert the following new sections after section 18

“Improvement notice.

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

(2) An improvement notice shall—

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

(b) state the reasons for that opinion,

(c) identify the provision of the regulation concerned in respect of which that opinion is held,

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

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

(i) the form and manner of an objection,

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

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

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

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

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

and

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

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

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

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

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

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

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

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

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

(c) The housing authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

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

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

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

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

(c) the date specified in the notice.

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

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

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

(c) the date specified in the notice.

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

(11) The housing authority may—

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

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

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

Prohibition notice.

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

(2) A prohibition notice shall—

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

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

(c) include information regarding the making of an appeal in relation to the notice, specifying—

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

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

and

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

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

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

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

(c) The housing authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

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

(5) A prohibition notice shall take effect—

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

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

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

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

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

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

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

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

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

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

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

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

5

Section 23

Substitute the following for subsections (1) and (2): “(1) Subject to subsections (2) and (3), a reference in the Housing Acts 1966 to 2009, to a housing authority means, in the case of— (a) a county, the county council, (b) a city, the city council, (c) a borough mentioned in Chapter 1 of Part 1 of Schedule 6 to the Act of 2001, except as respects— (i) section 6 of the Act of 1979, (ii) sections 2 to 4, 6 and 7 of this Act, (iii) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and (iv) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009, the borough council and, as respects each of those sections, the county council in whose administrative area the borough is situate, (d) a town mentioned in Chapter 2 of Part 1 of Schedule 6 to the Act of 2001, except as respects— (i) section 6 of the Act of 1979, (ii) section 16 of the Act of 1988, (iii) sections 2 to 4, 6, 7 and 11 of this Act, (iv) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and (v) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009, the town council and, as respects each of those sections, the county council in whose administrative area the town is situate, (e) a town mentioned in Part 2 of Schedule 6 to the Act of 2001, except as respects— (i) sections 34 to 36 and section 41 of the Principal Act, (ii) section 6 of the Act of 1979, (iii) sections 2, 6, 10, 13 and 16 of the Act of 1988, (iv) sections 2 to 7, 10 to 12, 14, 17, 18, 20, 34 and 35 of this Act, (v) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and (vi) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009, the town council and, as respects each of those sections, the county council in whose administrative area the town is situate, and references to the functional area of a housing authority shall be construed accordingly. (2) A reference in the Housing Acts 1966 to 2009 to a housing authority means, in the case of— (a) the boroughs of Drogheda, Sligo and Wexford, except as respects— (i) section 6 of the Act of 1979, (ii) sections 6 and 7 of this Act, and (iii) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009, the respective borough councils and, as respects each of those sections, the respective county councils in whose administrative areas those boroughs are situate, (b) the town of Bray, except as respects— (i) section 6 of the Act of 1979, (ii) sections 2 to 4, 6 and 7 of this Act, (iii) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and (iv) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009, the town council and, as respects each of those sections, the county council in whose administrative area that town is situate, (c) the towns of Athlone and Dundalk, except as respects— (i) section 6 of the Act of 1979, (ii) sections 6 and 7 of this Act, and (iii) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009, the respective town councils and, as respects each of those sections, the respective county councils in whose administrative areas those towns are situate, and references to the functional area of a housing authority shall be construed accordingly.”.

Substitute the following for subsections (1) and (2)

“(1) Subject to subsections (2) and (3), a reference in the Housing Acts 1966 to 2009, to a housing authority means, in the case of—

(a) a county, the county council,

(b) a city, the city council,

(c) a borough mentioned in Chapter 1 of Part 1 of Schedule 6 to the Act of 2001, except as respects—

(i) section 6 of the Act of 1979,

(ii) sections 2 to 4, 6 and 7 of this Act,

(iii) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and

(iv) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the borough council and, as respects each of those sections, the county council in whose administrative area the borough is situate,

(d) a town mentioned in Chapter 2 of Part 1 of Schedule 6 to the Act of 2001, except as respects—

(i) section 6 of the Act of 1979,

(ii) section 16 of the Act of 1988,

(iii) sections 2 to 4, 6, 7 and 11 of this Act,

(iv) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and

(v) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the town council and, as respects each of those sections, the county council in whose administrative area the town is situate,

(e) a town mentioned in Part 2 of Schedule 6 to the Act of 2001, except as respects—

(i) sections 34 to 36 and section 41 of the Principal Act,

(ii) section 6 of the Act of 1979,

(iii) sections 2, 6, 10, 13 and 16 of the Act of 1988,

(iv) sections 2 to 7, 10 to 12, 14, 17, 18, 20, 34 and 35 of this Act,

(v) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and

(vi) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the town council and, as respects each of those sections, the county council in whose administrative area the town is situate,

and references to the functional area of a housing authority shall be construed accordingly.

(2) A reference in the Housing Acts 1966 to 2009 to a housing authority means, in the case of—

(a) the boroughs of Drogheda, Sligo and Wexford, except as respects—

(i) section 6 of the Act of 1979,

(ii) sections 6 and 7 of this Act, and

(iii) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the respective borough councils and, as respects each of those sections, the respective county councils in whose administrative areas those boroughs are situate,

(b) the town of Bray, except as respects—

(i) section 6 of the Act of 1979,

(ii) sections 2 to 4, 6 and 7 of this Act,

(iii) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and

(iv) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the town council and, as respects each of those sections, the county council in whose administrative area that town is situate,

(c) the towns of Athlone and Dundalk, except as respects—

(i) section 6 of the Act of 1979,

(ii) sections 6 and 7 of this Act, and

(iii) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the respective town councils and, as respects each of those sections, the respective county councils in whose administrative areas those towns are situate,

and references to the functional area of a housing authority shall be construed accordingly.”.

6

Section 34

(a) Substitute the following for subsection (1)— “(1) Any person who— (a) by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by, or contravenes a provision of, or a regulation made under, section 17, 18 or 20, or (b) fails to comply with an improvement notice, or (c) re-lets a house in breach of a prohibition notice, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both and if the obstruction, contravention, failure to comply or re-letting is continued after conviction the person shall be guilty of a further offence on every day on which the obstruction, contravention, failure to comply or re-letting continues and for each such offence shall be liable, on summary conviction, to a fine not exceeding €400.”. (b) Insert the following subsection: “(3) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the housing authority, the costs and expenses, measured by the court, incurred by the housing authority in relation to the investigation, detection and prosecution of the offence.”.

(a) Substitute the following for subsection (1)—

“(1) Any person who—

(a) by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by, or contravenes a provision of, or a regulation made under, section 17, 18 or 20, or

(b) fails to comply with an improvement notice, or

(c) re-lets a house in breach of a prohibition notice,

shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both and if the obstruction, contravention, failure to comply or re-letting is continued after conviction the person shall be guilty of a further offence on every day on which the obstruction, contravention, failure to comply or re-letting continues and for each such offence shall be liable, on summary conviction, to a fine not exceeding €400.”.

(b) Insert the following subsection

“(3) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the housing authority, the costs and expenses, measured by the court, incurred by the housing authority in relation to the investigation, detection and prosecution of the offence.”.

PART 5 Amendments to Housing (Miscellaneous Provisions) Act 1997

PART 5

Amendments to Housing (Miscellaneous Provisions) Act 1997

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 1(1)

(a) In paragraph (b) of the definition of “anti-social behaviour”— (i) insert “alarm” after “damage”, and (ii) substitute the following for the words from “includes” to the end of the paragraph: “(i) violence, threats, intimidation, coercion, harassment or serious obstruction of any person, (ii) behaviour which causes any significant or persistent impairment of a person’s use or enjoyment of his or her home, or (iii) damage to or defacement by writing or other marks of any property, including a person’s home;”. (b) In the definition of “tenant” insert the following after “2000”: “or to whom a dwelling is let under a Chapter 4 tenancy agreement (within the meaning of the Housing (Miscellaneous Provisions) Act 2009)”.

(a) In paragraph (b) of the definition of “anti-social behaviour”—

(i) insert “alarm” after “damage”, and

(ii) substitute the following for the words from “includes” to the end of the paragraph

“(i) violence, threats, intimidation, coercion, harassment or serious obstruction of any person,

(ii) behaviour which causes any significant or persistent impairment of a person’s use or enjoyment of his or her home, or

(iii) damage to or defacement by writing or other marks of any property, including a person’s home;”.

(b) In the definition of “tenant” insert the following after “2000”

“or to whom a dwelling is let under a Chapter 4 tenancy agreement (within the meaning of the Housing (Miscellaneous Provisions) Act 2009)”.

2

Section 3(1)

Insert the following after paragraph (a): “(aa) let to a tenant under a Chapter 4 tenancy agreement, or”.

Insert the following after paragraph (a)

“(aa) let to a tenant under a Chapter 4 tenancy agreement, or”.

3

Section 4A(b)

Substitute “section 30 of the Housing (Miscellaneous Provisions) Act 2009” for “section 9 of the Housing (Miscellaneous Provisions) Act 1992”.

4

Section 14

(a) In subsection (1)— (i) delete the words from “Notwithstanding” down to and including “where” and substitute the following: “Notwithstanding anything contained in the Housing Acts 1966 to 2009, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority may refuse to allocate or defer the allocation of a dwelling, including a dwelling the subject of a rental accommodation availability agreement (within the meaning of that Act), to a person where”, (ii) in paragraph (a), substitute “an allocation” for “a letting”, and (iii) in paragraph (b), substitute “an allocation” for “an application for the letting”. (b) Substitute the following for subsection (2): “(2) Notwithstanding anything contained in— (a) Part 3 of the Housing (Miscellaneous Provisions) Act 2009 or an incremental purchase arrangement under the said Part 3, (b) Part 4 of the said Act, or (c) Part 5 of the said Act or an affordable dwelling purchase arrangement under the said Part 5, or (d) section 90 of the Housing Act 1966 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act 1992) or a purchase scheme under the said section 90, a housing authority may refuse to sell a dwelling to— (i) in the case of an incremental purchase arrangement, an eligible household (within the meaning of Part 3 of the Housing (Miscellaneous Provisions) Act 2009), (ii) in the case of Part 4 of the said Act, a tenant, (iii) in the case of an affordable dwelling purchase arrangement, an eligible household (within the meaning of Part 5 of the said Act), or (iv) in the case of section 90 of the Housing Act 1966, a tenant, where the authority considers that the said tenant or the said eligible household or any member of the eligible household or of the tenant’s household, as the case may be, is or has been engaged in anti-social behaviour or that a sale to that eligible household or tenant would not be in the interest of good estate management.”.

(a) In subsection (1)—

(i) delete the words from “Notwithstanding” down to and including “where” and substitute the following

“Notwithstanding anything contained in the Housing Acts 1966 to 2009, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority may refuse to allocate or defer the allocation of a dwelling, including a dwelling the subject of a rental accommodation availability agreement (within the meaning of that Act), to a person where”,

(ii) in paragraph (a), substitute “an allocation” for “a letting”, and

(iii) in paragraph (b), substitute “an allocation” for “an application for the letting”.

(b) Substitute the following for subsection (2)

“(2) Notwithstanding anything contained in—

(a) Part 3 of the Housing (Miscellaneous Provisions) Act 2009 or an incremental purchase arrangement under the said Part 3,

(b) Part 4 of the said Act, or

(c) Part 5 of the said Act or an affordable dwelling purchase arrangement under the said Part 5, or

(d) section 90 of the Housing Act 1966 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act 1992) or a purchase scheme under the said section 90,

a housing authority may refuse to sell a dwelling to—

(i) in the case of an incremental purchase arrangement, an eligible household (within the meaning of Part 3 of the Housing (Miscellaneous Provisions) Act 2009),

(ii) in the case of Part 4 of the said Act, a tenant,

(iii) in the case of an affordable dwelling purchase arrangement, an eligible household (within the meaning of Part 5 of the said Act), or

(iv) in the case of section 90 of the Housing Act 1966, a tenant,

where the authority considers that the said tenant or the said eligible household or any member of the eligible household or of the tenant’s household, as the case may be, is or has been engaged in anti-social behaviour or that a sale to that eligible household or tenant would not be in the interest of good estate management.”.

5

Section 15

Substitute the following for subsection (2): “(2) A housing authority may, for the purposes of any of their functions under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000, request from another housing authority or a specified person, information in relation to any person— (a) seeking a house or site from the authority or seeking to occupy a caravan on a site or residing or proposing to reside at a house provided by the authority or by an approved body, including a house the subject of a rental accommodation availability agreement, or seeking or receiving any other housing support (within the meaning of the Housing (Miscellaneous Provisions) Act 2009) under the Housing Acts 1966 to 2009, or (b) whom the authority considers may be or may have been engaged in anti-social behaviour, and, notwithstanding anything contained in any enactment, such other housing authority or specified person may provide the information to the housing authority requesting it.”.

Substitute the following for subsection (2)

“(2) A housing authority may, for the purposes of any of their functions under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000, request from another housing authority or a specified person, information in relation to any person—

(a) seeking a house or site from the authority or seeking to occupy a caravan on a site or residing or proposing to reside at a house provided by the authority or by an approved body, including a house the subject of a rental accommodation availability agreement, or seeking or receiving any other housing support (within the meaning of the Housing (Miscellaneous Provisions) Act 2009) under the Housing Acts 1966 to 2009, or

(b) whom the authority considers may be or may have been engaged in anti-social behaviour,

and, notwithstanding anything contained in any enactment, such other housing authority or specified person may provide the information to the housing authority requesting it.”.

PART 6 Amendments to Housing (Traveller Accommodation) Act 1998

PART 6

Amendments to Housing (Traveller Accommodation) Act 1998

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 6

(a) Substitute the following for subsection (1): “(1) A relevant housing authority shall, for the purposes of preparing a programme under section 7, and at such other times as the Minister may by direction specify, in respect of the functional area concerned, make an assessment of the accommodation needs of travellers who are assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support (within the meaning of that Act), including the need for sites.”. (b) Delete subsection (2). (c) Substitute the following for subsection (3): “(3) Before making an assessment under this section, a relevant housing authority shall give one month’s notice of their intention to do so to— (a) every local authority whose administrative area adjoins, or is contained in, the functional area of the authority preparing a programme under section 7, (b) the Health Service Executive, (c) approved bodies engaged in the provision of accommodation or shelter in the functional area concerned, (d) any local consultative committee in the functional area concerned, and (e) such local community bodies in the functional area concerned and any other person, as the housing authority considers appropriate.”. (d) In subsection (4), insert the following after paragraph (a): “(aa) any summary of social housing assessments prepared under section 21(c) of the Housing (Miscellaneous Provisions) Act 2009,”. (e) In subsection (6), substitute “in relation to any summary of social housing assessments referred to in subsection 4(aa), furnish such information” for “in relation to an assessment made by it under section 9 of the Act of 1988, furnish from the assessment such information”. (f) Delete subsection (7).

(a) Substitute the following for subsection (1)

“(1) A relevant housing authority shall, for the purposes of preparing a programme under section 7, and at such other times as the Minister may by direction specify, in respect of the functional area concerned, make an assessment of the accommodation needs of travellers who are assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support (within the meaning of that Act), including the need for sites.”.

(b) Delete subsection (2).

(c) Substitute the following for subsection (3)

“(3) Before making an assessment under this section, a relevant housing authority shall give one month’s notice of their intention to do so to—

(a) every local authority whose administrative area adjoins, or is contained in, the functional area of the authority preparing a programme under section 7,

(b) the Health Service Executive,

(c) approved bodies engaged in the provision of accommodation or shelter in the functional area concerned,

(d) any local consultative committee in the functional area concerned, and

(e) such local community bodies in the functional area concerned and any other person, as the housing authority considers appropriate.”.

(d) In subsection (4), insert the following after paragraph (a)

“(aa) any summary of social housing assessments prepared under section 21(c) of the Housing (Miscellaneous Provisions) Act 2009,”.

(e) In subsection (6), substitute “in relation to any summary of social housing assessments referred to in subsection 4(aa), furnish such information” for “in relation to an assessment made by it under section 9 of the Act of 1988, furnish from the assessment such information”.

(f) Delete subsection (7).

2

Section 10(2)

(a) In paragraph (a), delete the words from “and any” to the end of the paragraph. (b) In paragraph (b), substitute “in the most recent summary of social housing assessments prepared by a housing authority under section 21(c) of the Housing (Miscellaneous Provisions) Act 2009” for “in the most recent assessment made by a housing authority under section 9 of the Act of 1998”.

(a) In paragraph (a), delete the words from “and any” to the end of the paragraph.

(b) In paragraph (b), substitute “in the most recent summary of social housing assessments prepared by a housing authority under section 21(c) of the Housing (Miscellaneous Provisions) Act 2009” for “in the most recent assessment made by a housing authority under section 9 of the Act of 1998”.

PART 7 Amendments to Planning and Development Act 2000

PART 7

Amendments to Planning and Development Act 2000

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 93

(a) Substitute the following for subsection (1): “(1) In this Part— ‘housing strategy’ means a strategy included in a development plan in accordance with section 94(1); ‘market value’, in relation to a house, means the price which the unencumbered fee simple of the house would fetch if sold on the open market; ‘mortgage’ means a loan for the purchase of a house secured by mortgage in an amount not exceeding 90 per cent of the price of the house. (b) Delete subsections (2) and (3).

(a) Substitute the following for subsection (1)

“(1) In this Part—

‘housing strategy’ means a strategy included in a development plan in accordance with section 94(1);

‘market value’, in relation to a house, means the price which the unencumbered fee simple of the house would fetch if sold on the open market;

‘mortgage’ means a loan for the purchase of a house secured by mortgage in an amount not exceeding 90 per cent of the price of the house.

(b) Delete subsections (2) and (3).

2

Section 94

(a) In subsection (2), substitute “summary of social housing assessments prepared under section 21(a) of the Housing (Miscellaneous Provisions) Act 2009” for “housing assessment or assessments made under section 9 of the Housing Act, 1988, (b) In subsection 4— (i) in paragraph (a), substitute the following for subparagraphs (i) and (ii): “(i) housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009, and (ii) housing for eligible households (within the meaning of section 78 of the Housing (Miscellaneous Provisions) Act 2009,”, and (ii) delete paragraph (b), (c) In subsection (5)(a), insert the following after subparagraph (v): “(va) the number of households who have applied to purchase an affordable dwelling under an affordable dwelling purchase arrangement pursuant to Part 5 of the Housing (Miscellaneous Provisions) Act 2009;”.

(a) In subsection (2), substitute “summary of social housing assessments prepared under section 21(a) of the Housing (Miscellaneous Provisions) Act 2009” for “housing assessment or assessments made under section 9 of the Housing Act, 1988,

(b) In subsection 4—

(i) in paragraph (a), substitute the following for subparagraphs (i) and (ii)

“(i) housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009, and

(ii) housing for eligible households (within the meaning of section 78 of the Housing (Miscellaneous Provisions) Act 2009,”,

and

(ii) delete paragraph (b),

(c) In subsection (5)(a), insert the following after subparagraph (v)

“(va) the number of households who have applied to purchase an affordable dwelling under an affordable dwelling purchase arrangement pursuant to Part 5 of the Housing (Miscellaneous Provisions) Act 2009;”.

3

Section 96

(a) Substitute the following for subsection (12)— “(12) Any amount referred to in subsection (11) and any amount paid to a planning authority in accordance with subsection (3)(b)(vi), (vii) or (viii) shall be accounted for in a separate account and shall only be applied as capital for its functions in relation to the provision of housing under the Housing Acts 1966 to 2009, including the making of payments under section 94 of the Housing (Miscellaneous Provisions) Act 2009 into the Affordable Dwellings Fund established under Part 5 of that Act.”. (b) In subsection (13)(a), substitute “required for households assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support” for “for persons referred to in section 9(2) of the Housing Act, 1988”.

(a) Substitute the following for subsection (12)—

“(12) Any amount referred to in subsection (11) and any amount paid to a planning authority in accordance with subsection (3)(b)(vi), (vii) or (viii) shall be accounted for in a separate account and shall only be applied as capital for its functions in relation to the provision of housing under the Housing Acts 1966 to 2009, including the making of payments under section 94 of the Housing (Miscellaneous Provisions) Act 2009 into the Affordable Dwellings Fund established under Part 5 of that Act.”.

(b) In subsection (13)(a), substitute “required for households assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support” for “for persons referred to in section 9(2) of the Housing Act, 1988”.

PART 8 Amendment to Civil Registration Act 2004

PART 8

Amendment to Civil Registration Act 2004

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 66(1)(j)

Substitute the following for subparagraph (ii)— “(ii) the determination of a rent or other payment under section 31 of the Housing (Miscellaneous Provisions) Act 2009, or”.

Substitute the following for subparagraph (ii)—

“(ii) the determination of a rent or other payment under section 31 of the Housing (Miscellaneous Provisions) Act 2009, or”.

PART 9 Amendment to Social Welfare Consolidation Act 2005

PART 9

Amendment to Social Welfare Consolidation Act 2005

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 265(1)

Substitute the following for subparagraphs (i), (ii) and (iii) of paragraph (b) of the definition of “relevant purpose”— “(i) carrying out a social housing assessment under section 20 of the Housing (Miscellaneous Provisions) Act 2009, (ii) allocating a dwelling under section 22 of the Housing (Miscellaneous Provisions) Act 2009, (iii) determining rent or any other charge under section 31 of the Housing (Miscellaneous Provisions) Act 2009,”.

Substitute the following for subparagraphs (i), (ii) and (iii) of paragraph (b) of the definition of “relevant purpose”—

“(i) carrying out a social housing assessment under section 20 of the Housing (Miscellaneous Provisions) Act 2009,

(ii) allocating a dwelling under section 22 of the Housing (Miscellaneous Provisions) Act 2009,

(iii) determining rent or any other charge under section 31 of the Housing (Miscellaneous Provisions) Act 2009,”.

ISB Act 2009-07-15

Schedule 3 Housing (Miscellaneous Provisions) Act 2009 Open official source

SCHEDULE 3 Terms and Conditions of Tenancy Agreement

SCHEDULE 3

Terms and Conditions of Tenancy Agreement

Section 29.

The following terms and conditions shall be included in every tenancy agreement

(a) the name of the tenant, or where there is more than one tenant, the names of those tenants;

(b) the terms of the letting including restrictions on its purchase and occupation and conditions prohibiting vacating, subletting, assignment or otherwise parting with possession of the dwelling or any part of it;

(c) conditions relating to, and procedures for, termination of the tenancy including for breach of any of the terms or conditions of the tenancy agreement;

(d) details of the rent and any other charges payable, including procedures for rent review;

(e) the times at which rent and any other charges are payable and the manner of their payment;

(f) the procedures for recovering arrears, together with any interest payable thereon, of rent or any other charges payable;

(g) the obligations of a tenant relating to maintenance in good repair and condition of the dwelling or site, including restrictions on the keeping of animals, the erection of signage or otherwise adapting or altering the dwelling;

(h) restrictions on any change of use of the dwelling;

(i) provision for such access as may reasonably be required by officers or agents authorised by the housing authority for the purpose of the performance by the housing authority of its functions under the Housing Acts 1966 to 2009;

(j) the obligations of a tenant to avoid any nuisance to the occupiers of any other dwelling;

(k) the procedures which apply where a tenant wishes to transfer to another dwelling provided by the authority;

(l) terms and conditions—

(i) relating to anti-social behaviour, in or in the vicinity of the dwelling, by a tenant or any member of his or her household or any other person residing at or lawfully in the dwelling, and

(ii) prohibiting the tenant from 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.

ISB Act 2009-07-15

Schedule 4 Housing (Miscellaneous Provisions) Act 2009 Open official source

SCHEDULE 4 Information to be Included in Property Services Agreement

SCHEDULE 4

Information to be Included in Property Services Agreement

Section 73.

A property services agreement shall include—

1. The name and address of the specified body

2. The name and registered office of the management company

3. Details of the designated apartment complex the subject matter of the agreement

4. Particulars of the services to be provided by the specified body under the agreement, including property management services and the provision of staff

5. The amount of the fee or fees payable by the management company under the agreement and the circumstances in which the fee or fees become payable the procedures relating to collection the fee or fees, including procedures for the collection of any such fee in the case of non-payment by the management company

6. The period during which the agreement is to have effect

7. The length of notice to be given in the event of termination of the agreement by the housing authority or management company

8. Details of professional indemnity insurance of the specified body

9. Details of the records to be kept by the specified body in respect of the provision of the services under the agreement

10. Complaints and redress procedures put in place by the specified body

11. A timetable for delivery of services under the agreement

12. Particulars of out-of-hours services for emergencies

13. Reporting obligations of the specified body to the management company.

ISB Act 2009-07-15

Sec. 87. Housing (Miscellaneous Provisions) Act 2009 Open official source

87.

Payments by purchaser during charged period.

87.— (1) A purchaser of a dwelling under an affordable dwelling purchase arrangement which is subject to a charging order may, subject to subsection (3), at any time or times after the fifth anniversary of the date of sale of the dwelling to the purchaser but during the charged period, make a payment or payments to the housing authority concerned.

(2) Where a purchaser makes a payment under this section the amount of the charge outstanding under the charging order shall be reduced accordingly in the manner specified in subsection (5).

(3) A payment made under this section shall not be less than the amount prescribed for the purposes of this section.

(4) A purchaser who proposes to make a payment under this section shall notify the housing authority in writing in the prescribed form specifying the amount of the proposed payment.

(5) As soon as practicable but not later than one month after receipt of a notification under subsection (4), the housing authority shall give a written statement to the purchaser—

(a) setting out the market value or, where material improvements have been carried out, the net market value of the dwelling, determined by the housing authority, such valuation being taken as the prevailing market value or prevailing net market value for the purposes of paragraph (c),

(b) advising the purchaser whether the condition specified in subsection (3) is satisfied, and

(c) where the condition specified in subsection (3) is satisfied and taking account of the amount of the proposed payment, setting out the amount of the charge which shall remain outstanding under the charging order following such payment, which amount shall be calculated in accordance with the following formula

Y-Z%

where—

(i) Y is the amount of the charge specified in the charging order or in any previous statement given under this subsection, and

(ii) Z is the percentage which the sum paid under subsection (1) represents of the prevailing market value of the dwelling or, where material improvements have been made to the dwelling by the purchaser, the prevailing net market value of the dwelling, referred to in paragraph (a).

(6) The statement given under subsection (5) is valid for 3 months from the date thereof and any payment made after the expiry of that period pursuant to that statement shall be treated as a new notification under subsection (4) and this section shall apply to such notification accordingly.

(7) Where the housing authority receives a payment under this section from the purchaser which is equivalent to the amount of the charge outstanding under the charging order, the housing authority shall discharge the charge.

(8) Subject to section 92, where a payment is made under this section, the housing authority shall be liable for any expenses, including in respect of the valuation of the dwelling, incurred under this section.

ISB Act 2009-07-15

Sec. 88. Housing (Miscellaneous Provisions) Act 2009 Open official source

88.

Registration of charging orders and agreements with financial institutions.

88.— (1) A charging order shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 and to have been executed, at the time of the sale of the dwelling, in favour of the housing authority, for a charge in the terms provided for in section 86.

(2) Accordingly, the housing authority shall, as and from the making of the charging order, as the case may be—

(a) be deemed to be a mortgagee of the dwelling for the purposes of the Conveyancing Acts 1881 to 1911, and

(b) have, in relation to the charge referred to in subsection (1), all the powers conferred by those Acts on mortgagees under mortgages made by deed.

(3) Where a housing authority makes a charging order, it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the charge in respect of which the order is being registered to state that charge to be the charge referred to in section 86 of the Housing (Miscellaneous Provisions) Act 2009.

(4) A charging order affecting a dwelling which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in the order as the owner of the land is or is not registered under the said Act as the owner of the land.

(5) A housing authority may, subject to subsection (6), enter into an agreement with a holder of a licence under the Central Bank Act 1971, a building society or other financial institution that a charge proposed to be created by it by a charging order shall have a priority, as against a mortgage or charge proposed to be created in favour of that holder, society or institution, that is different from the priority the charge would otherwise have if this subsection had not been enacted.

(6) A housing authority may only enter into an agreement referred to in subsection (5) if it considers that the agreement will—

(a) enable an eligible household with whom it is proposing to enter into an affordable dwelling purchase arrangement to obtain an advance of moneys from the holder, society or institution referred to in subsection (5) for the purposes of purchasing the dwelling, or

(b) enable a purchaser—

(i) to refinance an existing advance of moneys from the holder, society or institution referred to in subsection (5), or

(ii) to obtain a further advance of moneys from the holder, society or institution referred to in subsection (5), for any purpose.

(7) For the avoidance of doubt, neither a charging order nor a charge that arises under a charging order shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976.

ISB Act 2009-07-15

Sec. 89. Housing (Miscellaneous Provisions) Act 2009 Open official source

89.

Repayment on expiration of charged period.

89.— (1) Subject to subsection (2), within 1 month of the expiration of the charged period, the purchaser shall pay to the housing authority an amount equal to the amount of the charge outstanding under the charging order on the date of expiration of the charged period.

(2) Where material improvements have been made to the dwelling, the purchaser shall pay to the housing authority an amount equal to that proportion of the net market value of the dwelling as corresponds to the amount of the charge outstanding under the charging order on the date of expiration of the charged period.

(3) Where the purchaser fails to pay the amount referred to in subsection (1) or (2), as appropriate, section 91 applies.

ISB Act 2009-07-15

Sec. 90. Housing (Miscellaneous Provisions) Act 2009 Open official source

90.

Control on resale of dwelling purchased under affordable dwelling purchase arrangement.

90.— (1) Where, before the expiration of the charged period, a purchaser resells a dwelling which is subject to a charging order which has not been discharged, the purchaser shall pay to the housing authority an amount equal to a percentage of the market value, such percentage being the equivalent of the amount of the charge outstanding under the charging order.

(2) Where material improvements have been made to a dwelling referred to in subsection (1), the purchaser shall pay to the housing authority an amount equal to that proportion of the net market value of the dwelling as corresponds to the amount of the charge outstanding under the charging order.

(3) (a) Subject to paragraph (b), where a purchaser resells a dwelling which is subject to a charging order which has expired and in respect of which the amount referred to in section 89 (1) or (2), as appropriate, has not been paid in accordance with that section, section 91 applies.

(b) No account shall be taken of any material improvements made to the dwelling after the expiration of the charged period.

ISB Act 2009-07-15

Sec. 91. Housing (Miscellaneous Provisions) Act 2009 Open official source

91.

Recovery of amounts due to housing authority.

91.— Any amount that becomes payable to a housing authority under section 89 or 90 , as the case may be, may, without prejudice to any other power in that behalf, be recovered by the authority from the person concerned as a simple contract debt in any court of competent jurisdiction.

ISB Act 2009-07-15

Sec. 92. Housing (Miscellaneous Provisions) Act 2009 Open official source

92.

Valuation of dwelling for certain purposes.

92.— (1) For the purposes of sections 86 , 87 , 89 and 90 , the market value of the dwelling concerned shall be determined by the housing authority or, where the purchaser does not agree with the market value so determined, by an independent valuer nominated by the purchaser from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 95.

(2) The housing authority shall not be liable for any expenses incurred under subsection (1) by a purchaser.

ISB Act 2009-07-15

Sec. 93. Housing (Miscellaneous Provisions) Act 2009 Open official source

93.

Discharge of charging order.

93.— (1) Subject to sections 86 to 91 and the terms and conditions of the affordable dwelling purchase arrangement and of the charging order having been complied with, the housing authority shall, where requested to do so by the purchaser, execute a deed of discharge in respect of the charging order.

(2) The housing authority shall be liable for such expenses as may be incurred in the execution and registration of a deed of discharge but shall not otherwise be liable for any expenses incurred by a purchaser for the purposes of this section.

ISB Act 2009-07-15

Sec. 94. Housing (Miscellaneous Provisions) Act 2009 Open official source

94.

Affordable Dwellings Fund.

94.— (1) There shall stand established, on the coming into operation of this Part, a fund to be known and in this Act referred to as the Affordable Dwellings Fund (in this section referred to as the “Fund” ).

(2) Housing authorities shall pay into the Fund—

(a) any moneys paid by purchasers pursuant to section 87, 89 , 90 or 91 ,

(b) in the case of dwellings purchased under section 3 of the Act of 1992 before the coming into operation of this Part and section 7 (in so far as it applies to the said Act and the Act of 2002), any moneys paid in accordance with section 10 of the Act of 2002 before the said coming into operation,

(c) any moneys paid in accordance with section 99(4) of the Planning and Development Act 2000 before the coming into operation of this Part and section 7 (in so far as it applies to the said Act), and

(d) in the case of dwellings purchased under Part 2 of the Act of 2002 before the coming into operation of this Part and section 7 (in so far as it applies to the said Act), any moneys paid in accordance with section 9 of that Act before the said coming into operation.

(3) A housing authority may make payments into the Fund from an account established pursuant to section 96(12) of the Planning and Development Act 2000.

(4) The Minister may, out of moneys provided by the Oireachtas, pay into the Fund in any financial year such amount as he or she determines, with the consent of the Minister for Finance, in relation to that year.

(5) Subject to and in accordance with the Housing Finance Agency Act 1981 and subsection (6)—

(a) the Housing Finance Agency plc shall manage and control the Fund,

(b) any moneys in the Fund shall be accounted for in a separate account of the Housing Finance Agency plc, and

(c) the Housing Finance Agency plc may advance moneys from the Fund to housing authorities for the purposes of providing housing support under this Act.

(6) The accounts of the Fund shall be in such form and prepared in such manner as the Minister may determine and shall—

(a) be prepared separately from any other accounts of the Housing Finance Agency plc, and

(b) shall comprise—

(i) a balance sheet as at the end of the accounting year duly audited by the auditor of the Housing Finance Agency plc, and

(ii) an income and expenditure account for the accounting year so audited.

(7) The Housing Finance Agency plc shall, where the Minister so requests, provide an estimate of the projected income of and expenditure from the Fund for such period as the Minister may specify in the request.

(8) Where, taking account of any estimate that may be provided under subsection (7), the Minister is satisfied that the amount of moneys in the Fund exceeds the amount required to meet the costs to the Housing Finance Agency plc of borrowing money, in accordance with section 10 of the Housing Finance Agency Act 1981, the Minister may distribute any surplus funds to housing authorities for the purposes specified in subsection (5)(c).

(9) The administrative costs incurred by the Housing Finance Agency plc in the management of the Fund shall be met from the Fund.

ISB Act 2009-07-15

Sec. 95. Housing (Miscellaneous Provisions) Act 2009 Open official source

95.

Regulations (Part 5).

95.— (1) The Minister may make regulations in relation to all or any one or more of the following

(a) the class or classes of dwelling in respect of which financial assistance may be provided to eligible households for the purposes of section 81;

(b) subject to section 84, the class or classes of households with whom affordable dwelling purchase arrangements may be entered into;

(c) the minimum and maximum of the amount which may be charged under a charging order, the maximum of which shall not in any case exceed 40 per cent of the market value of the dwelling concerned;

(d) the maximum amount of the financial assistance which may be provided under section 81 to an eligible household to purchase an open market dwelling under an affordable dwelling purchase arrangement;

(e) the form and manner of, and the terms and conditions to be specified in, affordable dwelling purchase arrangements, including the following—

(i) the provision of mortgage protection insurance, and

(ii) the minimum deposit payable by the household in respect of the purchase of an affordable dwelling;

(f) the form of a transfer order;

(g) the form and content of a charging order;

(h) the determination of the minimum charged period, or the range within which a housing authority shall fix the minimum charged period, which shall not in any case be less than 25 years from the date of sale;

(i) subject to subsection (2), the amount to be prescribed in respect of a payment under section 87;

(j) the form and manner in which a purchaser shall notify a housing authority of his or her proposal to make a payment under section 87;

(k) the class or classes or description of person who are suitably qualified by reference to their qualifications and experience to determine the market value of a dwelling for any of the purposes of this Part;

(l) such other matters as the Minister considers necessary and appropriate relating to the provision of affordable dwellings or affordable dwelling purchase arrangements.

(2) For the purposes of subsection (1) (i), the Minister may prescribe an amount or a percentage of the market value of the dwelling at the time of the payment under section 87.

ISB Act 2009-07-15

Sec. 96. Housing (Miscellaneous Provisions) Act 2009 Open official source

96.

Transitional arrangements and savings provisions.

96.— (1) Where a household has applied for affordable housing under Part 2 of the Act of 2002 or Part V of the Planning and Development Act 2000 before the coming into operation of this Part, section 7 (in so far as it applies to the Act of 2002 or the Planning and Development Act 2000, as the case may be) and section 8 (in so far as it applies to the Planning and Development Act 2000), and a decision has not been made to allocate a dwelling or site before the said coming into operation, the household shall, on the said coming into operation, be deemed to have applied to purchase an affordable dwelling under an affordable dwelling purchase arrangement and this Part shall apply accordingly with any necessary modifications.

(2) On the coming into operation of this Part, a housing authority shall notify in writing each household referred to in subsection (1) that it considers their application for affordable housing to be an application to purchase an affordable dwelling under an affordable dwelling purchase arrangement, and any such household is required to notify the housing authority in writing within 3 months of the date of such notification where the household does not wish to proceed with the application concerned on that basis.

(3) Where a household applies to a housing authority in respect of the grant of a shared ownership lease under section 3 of the Act of 1992 before the coming into operation of this Part and section 7 (in so far as it applies to the Act of 1992) and a decision to grant the lease has not been made by the housing authority before the said coming into operation, the household shall, on the said coming into operation, be deemed to have applied to purchase an open market dwelling under an affordable dwelling purchase arrangement and this Part shall apply accordingly with any necessary modifications.

(4) On the coming into operation of this Part, a housing authority shall notify in writing each household referred to in subsection (3) that it considers their application for the grant of a shared ownership lease under section 3 of the Act of 1992 to be an application to purchase an open market dwelling under an affordable dwelling purchase arrangement, and any such household is required to notify the housing authority in writing within 3 months of the date of such notification where the household does not wish to proceed with the application concerned on that basis.

(5) Not withstanding the repeal by section 7 of sections 2, 3 and 9 of the Act of 1992 and section 10 of the Act of 2002, those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the Act of 1992 and the Act of 2002), continue to apply to a shared ownership leases granted under section 3 of the Act of 1992 before the said coming into operation of section 7 as if section 7 had not come into operation.

(6) Notwithstanding the repeal by section 7 of sections 98, 99 and 100 of the Planning and Development Act 2000, those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the said Act), continue to apply to affordable housing (within the meaning of that Act) sold or leased under section 98 of that Act before the said coming into operation of section 7 as if section 7 had not come into operation.

(7) Notwithstanding the repeal by section 7 of sections 6, 8 and 9 of the Act of 2002, those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the said Act), continue to apply to affordable houses (within the meaning of that Act) sold before the said coming into operation of section 7 as if section 7 had not come into operation.

Housing (Miscellaneous Provisions) Act 2009

Table of Provisions (14)

Statutory Text (14 Articles)

Need to analyze how this provision applies to your matter?