(LRC Revised)

Number 21 of 2014

HOUSING (MISCELLANEOUS PROVISIONS) ACT 2014

REVISED

Updated to 16 May 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Housing (Miscellaneous Provisions) Act 2014

.

It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to

undertake revision and consolidation of statute law.

All Acts up to and including the

Employment (Collective Redundancies and

Miscellaneous Provisions) and Companies (Amendment) Act 2024

(14/2024), enacted 9

May 2024, and all statutory instruments up to and including the

Local Government

(Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) (No. 2)

Order 2024

(S.I. No. 207 of 2024), made 14 May 2024, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number

21

of

2014

HOUSING (MISCELLANEOUS PROVISIONS) ACT 2014

REVISED

Updated to 16 May 2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title,

collective citation and construction

2.

Commencement

3. Definitions

(generally)

4.

Regulations

5. Expenses of

Minister

PART 2

Termination of Local Authority Tenancies,

etc.

6. Interpretation

(Part 2)

7. Tenancy warning

relating to anti-social behaviour, etc.

8. Tenancy warning

relating to rent arrears

9. Tenancy warning

relating to other tenancy breach

10. Review of

tenancy warning

11. Day that

tenancy warning comes into effect

12. Proceedings

for possession of local authority dwelling

13. Proceedings

for possession against person in occupation of local authority dwelling

14. Abandoned

local authority dwellings

15. Repossession

of abandoned dwellings

16. Application

to court in respect of tenancy terminated under section 15

17. Death of

tenant and recovery of possession in certain cases

18. Part 2 and

amendment of Principal Act

19. Part 2 and

amendment of Act of 1997

20. Part 2 and

amendment of Act of 2009

PART 3

Purchase of Houses by Tenants

21.

Interpretation (Part 3)

22. Extent of

application of Part 3 to certain houses

23.

Disqualifications from purchase

24. Calculation

of tenant’s income

25. Sale of house

to tenant

26. Charging

order

27. Suspension of

incremental release

28. Payment

during charged period in respect of charged share or incremental release

29. Control on

resale of house

30. Regulations

(Part 3)

31. Part 3 and

amendment of Principal Act

32. Part 3 and

amendment of Act of 1992

33. Part 3 and

amendment of Act of 1997

34. Part 3 and

amendment of Act of 2009

PART 4

Housing Assistance

35.

Interpretation (Part 4)

36. Restriction

on application of Residential Tenancies Act 2004

37. Housing

assistance under Part 4 and social housing support under Act of 2009

38. Sharing of

dwelling by more than one household

39. Housing

assistance

40. Housing

authority not liable for rent due to landlord

41. Requirements

in relation to dwelling

42. Requirements

in relation to landlord

43. Housing

assistance payments

44. Payment of

rent contribution by qualified household

45. Ineligibility

for housing assistance, etc.

46. Change of

dwelling

47. Housing

assistance in respect of accommodation provided under scheme of capital

assistance

48. Review of

certain decisions

49. Part 4 and

amendment of Act of 2009

50. Application

of Part 4 to housing authorities

51. Expenses

incurred by housing authority under Part 4

PART 5

Miscellaneous

52. Definition

(Part 5)

53. Deduction of

local authority rent, etc., by Minister for Social Protection

54. Amendments to

Act of 2005

55. Data sharing

and exchange

56. Amendment of

section 31 (rent schemes and charges) of Act of 2009

57. Amendment of

Local Government Reform Act 2014

58. Amendment of

Housing Finance Agency Act 1981

Acts Referred to

Capital Acquisitions Tax

Consolidation Act 2003 (No. 1)

Capital Gains Tax Acts

Central Bank Act 1971 (No.

24)

Children Act 2001 (No. 24)

Civil Partnership and Certain

Rights and Obligations of Cohabitants Act 2010 (No. 24)

Companies Act 1963 (No. 33)

Family Home Protection Act 1976

(No. 27)

Housing (Miscellaneous

Provisions) Act 1992 (No. 18)

Housing (Miscellaneous

Provisions) Act 1997 (No. 21)

Housing (Miscellaneous

Provisions) Act 2002 (No. 9)

Housing (Miscellaneous

Provisions) Act 2009 (No. 22)

Housing (Private Rented

Dwellings) Acts 1982 and 1983

Housing Act 1966 (No. 21)

Housing Act 1988 (No. 28)

Housing Acts 1966 to 2014

Housing Finance Agency Act 1981

(No. 37)

Land And Conveyancing Law Reform

Act 2009 (No. 27)

Landlord and Tenant (Ground

Rents)(No. 2) Act 1978 (No. 16)

Landlord and Tenant Acts 1967 to

2008

Local Government Act 2001 (No.

37)

Local Government Reform Act 2014

(No. 1)

Ministers and Secretaries

(Amendment) Act 2011 (No. 10)

Ministers and Secretaries

(Amendment) Act 2013 (No. 29)

Misuse of Drugs Acts 1977 to

2007

Planning and Development Act 2000

(No. 30)

Registration of Title Act 1964

(No. 16)

Residential Tenancies Act 2004

(No. 27)

Residential Tenancies Acts 2004

and 2009

Social Welfare Acts

Social Welfare Consolidation Act

2005 (No. 26)

Stamp Duties Consolidation Act

1999 (No. 31)

Tax Acts

Taxes Consolidation Act 1997 (No.

39)

Value-Added Tax Acts

Number

21

of

2014

HOUSING (MISCELLANEOUS PROVISIONS) ACT 2014

REVISED

Updated to 16 May 2024

An Act to make further provision in

relation to housing provided by housing authorities and for that purpose to amend

and

extend the Housing Acts 1966 to 2014, to provide for financial assistance by housing

authorities in respect of rent payable by certain housing tenants, to provide for

the

direct remission to a housing authority in respect of rent or rent-related obligations

of

certain social welfare payments and allowances payable to a person under the Social

Welfare

Acts and for that purpose to amend the law relating to such payments, to amend the

Housing

Finance Agency Act 1981, and to provide for connected matters. [28

th July

,

2014]

Be it enacted by the Oireachtas as follows

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief

executive" and "deputy chief executive" construed (16.05.2024) by

Local

Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions

(other than functions conferred by or under an enactment specified in Part 1 of

Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach

of Limerick City and County Council shall, on and after that day, vest in the

Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1)

that, immediately before the vesting day, vested in the chief executive of

Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 1 of

Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the

Cathaoirleach of Limerick City and County Council, be construed as a reference to

the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 2 of

Schedule 1) to chief executive shall, in so far as that reference applies to the

chief executive of Limerick City and County Council, be construed as a reference

to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh

Chomhairleoir

23.

(1) All functions

conferred by or under an enactment specified in Part 1 of Schedule 1 that,

immediately before the vesting day, vested in the Cathaoirleach of Limerick City

and County Council shall, on and after that day, vest in the Príomh

Chomhairleoir.

(2) From the vesting day, a

reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or

Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Príomh

Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the

context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day,

vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on

and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a

reference in any enactment to Leas-Chathaoirleach shall, in so far as that

reference applies to the Leas-Chathaoirleach of Limerick City and County Council,

be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a

reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26.

(1) The chief executive

of Limerick City and County Council shall, on and after the vesting day, be known

as the director general of Limerick City and County Council and is in this Act

referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under

section 148 of the Principal Act shall be known as the deputy director general of

Limerick City and County Council and is, in this Act, referred to as the “deputy

director general”.

(2) The person who, immediately

before the vesting day, was the deputy chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County

Council, be construed as a reference to the deputy director general, or as

including a reference to the deputy director general, as the context may

require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of

Sections 10 and 23

Number and

Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),

178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and

220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,

13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule

14.

PART 2

Enactments for Purposes of

Sections 10 and 26

Number and

Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 21 of 2014

Housing (Miscellaneous Provisions) Act 2014

Sections 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 22, 23, 24, 25, 26, 27, 28,

29, 53 and 55; Part 4.

...

...

...

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief

executive" and "deputy chief executive" construed (16.05.2024) by

Local

Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions

(other than functions conferred by or under an enactment specified in Part 1 of

Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach

of Limerick City and County Council shall, on and after that day, vest in the

Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1)

that, immediately before the vesting day, vested in the chief executive of

Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 1 of

Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the

Cathaoirleach of Limerick City and County Council, be construed as a reference to

the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 2 of

Schedule 1) to chief executive shall, in so far as that reference applies to the

chief executive of Limerick City and County Council, be construed as a reference

to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh

Chomhairleoir

23.

(1) All functions

conferred by or under an enactment specified in Part 1 of Schedule 1 that,

immediately before the vesting day, vested in the Cathaoirleach of Limerick City

and County Council shall, on and after that day, vest in the Príomh

Chomhairleoir.

(2) From the vesting day, a

reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or

Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Príomh

Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the

context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day,

vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on

and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a

reference in any enactment to Leas-Chathaoirleach shall, in so far as that

reference applies to the Leas-Chathaoirleach of Limerick City and County Council,

be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a

reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26.

(1) The chief executive

of Limerick City and County Council shall, on and after the vesting day, be known

as the director general of Limerick City and County Council and is in this Act

referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under

section 148 of the Principal Act shall be known as the deputy director general of

Limerick City and County Council and is, in this Act, referred to as the “deputy

director general”.

(2) The person who, immediately

before the vesting day, was the deputy chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County

Council, be construed as a reference to the deputy director general, or as

including a reference to the deputy director general, as the context may

require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of

Sections 10 and 23

Number and

Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),

178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and

220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,

13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule

14.

PART 2

Enactments for Purposes of

Sections 10 and 26

Number and

Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 21 of 2014

Housing (Miscellaneous Provisions) Act 2014

Sections 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 22, 23, 24, 25, 26, 27, 28,

29, 53 and 55; Part 4.

...

...

...

CONTENTS

PART 1

Preliminary and General

Section

1. Short title,

collective citation and construction

2.

Commencement

3. Definitions

(generally)

4.

Regulations

5. Expenses of

Minister

PART 2

Termination of Local Authority Tenancies,

etc.

6. Interpretation

(Part 2)

7. Tenancy warning

relating to anti-social behaviour, etc.

8. Tenancy warning

relating to rent arrears

9. Tenancy warning

relating to other tenancy breach

10. Review of

tenancy warning

11. Day that

tenancy warning comes into effect

12. Proceedings

for possession of local authority dwelling

13. Proceedings

for possession against person in occupation of local authority dwelling

14. Abandoned

local authority dwellings

15. Repossession

of abandoned dwellings

16. Application

to court in respect of tenancy terminated under section 15

17. Death of

tenant and recovery of possession in certain cases

18. Part 2 and

amendment of Principal Act

19. Part 2 and

amendment of Act of 1997

20. Part 2 and

amendment of Act of 2009

PART 3

Purchase of Houses by Tenants

21.

Interpretation (Part 3)

22. Extent of

application of Part 3 to certain houses

23.

Disqualifications from purchase

24. Calculation

of tenant’s income

25. Sale of house

to tenant

26. Charging

order

27. Suspension of

incremental release

28. Payment

during charged period in respect of charged share or incremental release

29. Control on

resale of house

30. Regulations

(Part 3)

31. Part 3 and

amendment of Principal Act

32. Part 3 and

amendment of Act of 1992

33. Part 3 and

amendment of Act of 1997

34. Part 3 and

amendment of Act of 2009

PART 4

Housing Assistance

35.

Interpretation (Part 4)

36. Restriction

on application of Residential Tenancies Act 2004

37. Housing

assistance under Part 4 and social housing support under Act of 2009

38. Sharing of

dwelling by more than one household

39. Housing

assistance

40. Housing

authority not liable for rent due to landlord

41. Requirements

in relation to dwelling

42. Requirements

in relation to landlord

43. Housing

assistance payments

44. Payment of

rent contribution by qualified household

45. Ineligibility

for housing assistance, etc.

46. Change of

dwelling

47. Housing

assistance in respect of accommodation provided under scheme of capital

assistance

48. Review of

certain decisions

49. Part 4 and

amendment of Act of 2009

50. Application

of Part 4 to housing authorities

51. Expenses

incurred by housing authority under Part 4

PART 5

Miscellaneous

52. Definition

(Part 5)

53. Deduction of

local authority rent, etc., by Minister for Social Protection

54. Amendments to

Act of 2005

55. Data sharing

and exchange

56. Amendment of

section 31 (rent schemes and charges) of Act of 2009

57. Amendment of

Local Government Reform Act 2014

58. Amendment of

Housing Finance Agency Act 1981

Number

21

of

2014