Housing (Miscellaneous Provisions) Act , 1992

1. Interpretation.

1.—(1)In this Act, unless the context otherwise requires—

“the Act of 1979” means the Housing (Miscellaneous Provisions) Act, 1979;

“the Act of 1988” means the Housing Act, 1988;

F1[“approved housing body“has the meaning given to it by the Housing (Regulation of Approved Housing Bodies) Act 2019;]

F2[“Central Bank“means the Central Bank and Financial Services Authority of Ireland;]

“functions” includes powers and duties;

“house” includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith and “housing” shall be construed accordingly;

“housing authority” has the meaning assigned to it by section 23;

“the Housing Finance Agency plc” means the company formerly known as the Housing Finance Agency which was established under section 2 of the Housing Finance Agency Act, 1981;

F3[“improvement notice“has the meaning given to it bysection 18A;]

“improvement works” has the meaning assigned to it by section 1(1) of the Act of 1979;

F4[“local authority“means a local authority for the purposes of theLocal Government Act 2001(as amended by the Local Government Reform Act 2014);]

“the Minister” means the Minister for the Environment;

“prescribed” means prescribed by regulations made by the Minister;

“the Principal Act” means the Housing Act, 1966;

F3[“prohibition notice“has the meaning given to it bysection 18B;]

“shared ownership lease” has the meaning assigned to it by section 2.

(2)In this Act, a reference to a section is to a section of this Act and a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other enactment or provision, as may be appropriate, is intended.

(3)A reference in this Act to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

2. Shared ownership leases.

2.—F5[…]

3. Granting of shared ownership leases by housing authorities, etc.

3.—F6[…]

4. Subsidy towards rent of houses leased by means of shared ownership leases.

4.—(1)Subject to such regulations as may be made by the Minister for the purposes of this section—

(a)a housing authority may pay a subsidy towards the rent of a house leased to a person under a shared ownership lease, and

(b)the Minister may, with the consent of the Minister for Finance, out of moneys provided by the Oireachtas—

F7[(i) pay a subsidy to a housing authority towards the rent of a house leased to a person under a shared ownership lease by the authority orF8[an approved housing body], as the case may be,]

(ii)recoup to a housing authority all or part of a subsidy paid by the authority under paragraph (a).

(2)Where a subsidy is paid under subsection (1), the amount of the rent reserved under the lease shall be reduced by an amount equal to the amount of the subsidy.

(3)Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:

(a)the amount of the subsidy and the manner of its determination;

(b)the amount or proportion of the subsidy that may be recouped by the Minister;

(c)the class or classes of houses in respect of which the subsidy may be paid;

(d)the class or classes of persons or households in respect of which the subsidy may be paid;

(e)requirements in relation to the financial and family circumstances of persons occupying a house in respect of which the subsidy may be paid;

(f)requirements in relation to the occupation and maintenance of a house in respect of which the subsidy may be paid;

(g)requirements in relation to the floor area of a house in respect of which the subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister;

(h)requirements in relation to standards of construction, works and repair and the availability in a house, in respect of which the subsidy may be paid, of water, sewerage and other services;

(i)the manner in and time within which an application for the subsidy shall be made;

(j)the conditions under which the subsidy may be paid;

(k)requirements in relation to the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of a house concerned.

5. Works by housing authorities to private houses.

5.—(1)Subject to this section and in accordance with such terms and conditions as may, from time to time, be determined for the purposes of this section by the Minister with the consent of the Minister for Finance, a housing authority may with the consent of the owner carry out, or arrange to have carried out, works of improvement or adaptation to a house not owned by them for one or more of the following purposes:

(a)rendering the house fit for human habitation;

(b)relieving overcrowding;

(c)rendering the house more suitable for the accommodation of occupants of the house.

(2)A housing authority may exercise their functions under subsection (1) in relation to any house intended to be occupied by a person—

F9[(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]

(b)who is in occupation of a house which was provided or which is or was owned by a housing authority and the authority exercising their functions under this section are satisfied that he will provide them or another housing authority with vacant possession of it by surrendering the tenancy or by conveying it with or without compensation.

(3)The Minister may, with the consent of the Minister for Finance, recoup to a housing authority, out of moneys provided by the Oireachtas, some or all of the expenses incurred by the authority in improving or adapting a house by virtue of this section.

(4)A housing authority may in respect of a house enter into and carry out an agreement or agreements with either or both the person to whom subsection (2) relates and the owner of the house for the carrying out of works under this section.

(5)Where an agreement under subsection (4) between a housing authority and the owner relating to expenses incurred by the authority in respect of the house under this section provides for the recovery by the authority of all or a portion of such expenses, the authority may make an order charging the house with the amount of the expenses to be so recovered.

(6)An order under subsection (5) shall be deemed to be a F10[legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009], and the authority shall be the mortgagee for the purposes of F10[that Act] and shall accordingly have, in relation to every such order, all the powers conferred by F10[that Act] on mortagees under mortgages made by deed.

(7)Where a housing authority make an order under subsection (5), they shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as the case may require.

(8)An order under subsection (5) affecting land 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 such order as the owner of the land is or is not registered under the said Act as the owner of such land.

(9)A housing authority may make a periodic or other charge in respect of works carried out under this section.

(10)Any sum due to a housing authority by any person pursuant to an agreement in relation to works carried out under this section may, without prejudice to any other power in that behalf, be recovered by the authority from that person as a simple contract debt in any court of competent jurisdiction.

(11)The terms and conditions determined by the Minister under subsection (1) may—

(a)provide for such matters as he considers necessary for the purpose of giving effect to this section, and

(b)make different provisions in relation to—

(i)houses occupied under different tenures, or

(ii)persons or houses of different classes.

(12)Where a house is being conveyed to a housing authority under this section—

(a)the expenses of such conveyance may be paid in whole or in part by the authority;

(b)in case the house is one in respect of which a subsidy has been paid under section 11 of the Act of 1979, the person conveying the house shall not be required to refund the subsidy, notwithstanding anything to the contrary contained in a transfer order under section 90 of the Principal Act.

6. Assistance by housing authorities of certain bodies.

6.—(1)A housing authority may, on such terms and conditions (including conditions requiring the giving of undertakings) as they think fit, assist—

(a)another housing authority F11[…], or

(b)F12[subject tosubsection (8A), an approved housing body,]

in respect of the provision (whether provided by erection, purchase, improvement or conversion works) or management by the other authority F13[or approved housing body] of housing accommodation, or in respect of other matters in relation to housing.

(2)Assistance under subsection (1) may be given in one or more of the following ways—

(a)by a loan;

(b)by a periodic contribution to the funds of the other authority or F14[approved housing body];

(c)by a guarantee of sums owed by the other authority or F14[approved housing body] in respect of borrowings;

(d)by a grant;

(e)by a subsidy towards, or the remission in whole or in part of, loan charges incurred by the other authority or F14[approved housing body];

F15[(ea) by providing a dwelling of which the housing authority is the owner (including a house provided under Part V of thePlanning and Development Act 2000) to another housing authority referred to insubsection (1)(a)or aF16[an approved housing body]referred to insubsection (1)(b), under a contract or lease between the housing authority which owns the dwelling concerned and another housing authority referred to insubsection (1)(a)or aF16[an approved housing body]referred to insubsection (1)(b);]

(f)by a contribution in kind, whether by way of materials or labour or any other service.

(3)A guarantee under this section may be given by the housing authority either alone or jointly with any other person or persons (including a housing authority).

(4)Where a housing authority have under this section assisted another housing authority F17[or an approved housing body] and, as a condition of providing such assistance, have been given an undertaking which has not been complied with, the following provisions shall have effect:

(a)the authority F17[or approved housing body] who received the assistance shall be liable to repay such amount as may be determined by the authority who provided the assistance, and

(b)the amount shall, without prejudice to any other power in that behalf, be recoverable by the authority who provided the assistance from the authority F17[or approved housing body] who received it as a simple contract debt in any court of competent jurisdiction.

(5)Where the terms and conditions of assistance under this section enable the assistance to be secured by mortgage, the housing authority may, for the purpose of securing the assistance, enter into and carry out an agreement with any other mortgagee.

(6)F18[...]

(7)F18[...]

(8)The determination of the terms and conditions under which assistance under this section is provided shall be a reserved function.

F19[(8A)Where, by virtue of section 69 of the Housing (Regulation of Approved Housing Bodies) Act 2019, a person is receiving existing assistance (within the meaning of subsection (2)(b) of the said section 69), that person shall not receive from a housing authority any assistance under this section that is not existing assistance.]

(9)Where a housing authority have assisted a body under section 12 of the Principal Act in the provision of housing accommodation, the Minister may, with the consent of the Minister for Finance, recoup out of moneys provided by the Oireachtas all or part of such assistance.

(10)Any reference to section 5 of the Act of 1988 in sections 10 and 15 of that Act, in section 28 of the Building Societies Act, 1989, or in regulations made under the Housing Acts, 1966 to 1992, shall be construed as a reference to this section.

(11)In this section “housing accommodation” includes sites for caravans within the meaning of section 13 of the Act of 1988.

7. Subsidy towards rent of houses provided by certain bodies.

7.—(1)Subject to such regulations as may be made by the Minister for the purposes of this section—

(a)a housing authority may pay a subsidy towards the rent of a house provided (whether provided by erection, purchase, improvement or conversion) by F20[an approved housing body,]

(b)the Minister may, with the consent of the Minister for Finance, recoup to a housing authority, out of moneys provided by the Oireachtas, all or part of a subsidy paid by them under paragraph (a).

(2)Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:

(a)the amount of the subsidy and the manner of its determination;

(b)the amount or proportion of the subsidy that may be recouped by the Minister;

(c)the class or classes of houses in respect of which the subsidy may be paid;

(d)the class or classes of persons or households in respect of which the subsidy may be paid;

(e)requirements in relation to the financial and family circumstances of persons occupying a house in respect of which the subsidy may be paid;

(f)requirements in relation to the occupation and maintenance of a house in respect of which the subsidy may be paid;

(g)requirements in relation to the floor area of a house in respect of which the subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister;

(h)requirements in relation to standards of construction, works and repair and the availability in a house, in respect of which the subsidy may be paid, of water, sewerage and other services;

(i)the manner in and time within which an application for the subsidy shall be made;

(j)the manner of payment of the subsidy to the F21[approved housing body] providing the house and the conditions under which it is so paid to that F21[approved housing body];

(k)the payment of the subsidy, on behalf of F22[an approved housing body] to whom it is payable under subsection (1), to a person who has made a loan towards the provision of the house, or who has provided funds to a housing authority for the purpose of making such a loan, and the conditions under which it is so paid to that person;

(l)requirements in relation to the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of a house concerned.

8. Exemption from stamp duty.

8.—F23[…]

9. Additional provisions relating to section 58 of Principal Act.

9.—(1)(a)A housing authority shall, within one year of the commencement of this section, draw up and adopt a written statement of their policy (in this section referred to as a “policy under this section”) for the effective performance of their functions under section 58(1) of the Principal Act.

(b)A housing authority may, from time to time as they think fit, review their policy under this section and make in it any amendments, or draw up and adopt a new written statement of their policy, as they consider proper.

(c)In drawing up and adopting or amending a policy under this section a housing authority shall have regard to such matters as the Minister may from time to time direct.

(2)Notwithstanding section 58 of the Principal Act and subject to such regulations as may be made by the Minister for the purposes of this section, a housing authority may delegate to a designated body all or any one or more of their functions (including maintenance) in respect of the management and control of any specified dwellings of which the authority are the owner.

(3)A delegation by a housing authority under subsection (2)—

(a)shall specify—

(i)the designated body for the purposes of the delegation,

(ii)the functions being delegated to the designated body, and

(iii)the dwellings to which the delegation applies,

and

(b)may include provisions relating to all or any one or more of the following:

(i)arrangements in relation to the carrying out of works of maintenance, repair or environmental improvement, or ancillary works;

(ii)assistance by the housing authority to the designated body whether of a financial or other nature;

(iii)the collection by the designated body of rent due to the housing authority;

(iv)the assignment by the housing authority to the designated body of all or part of the proceeds of rent payable in relation to dwellings specified in the delegation and the conditions governing such assignment;

(v)the rights of the authority to inspect any book or other document or any other record (whether legible or in a machine readable form) of the designated body;

(vi)any other related or incidental matters which the housing authority consider appropriate.

(4)Regulations under this section may, in particular, but withoutprejudice to the generality of subsection (2), make provision in relation to all or any one or more of the following:

(a)the constitution and composition of a designated body;

(b)the procedures of a designated body;

(c)the terms and conditions of a delegation;

(d)the form of an agreement between a housing authority and a designated body in relation to a delegation;

(e)the class or classes of dwellings in respect of which a delegation may be made;

(f)the monitoring by a housing authority of activities being carried out by a designated body under a delegation, including the inspection by the authority of dwellings;

(g)the provision by a designated body of periodic reports and accounts on its activities to a housing authority;

(h)the auditing of the annual accounts of a designated body.

(5)A housing authority may, at their discretion, revoke a delegation under this section whereupon the functions which had been delegated shall again be vested in and exercised by the authority with effect from a date specified in the resolution revoking the delegation.

(6)The delegation of a function to a designated body or the revocation of any such delegation and the adoption of a policy under this section or an amendment to such a policy shall be reserved functions.

(7)In this section—

“designated body” means an association, council, committee or other body whether corporate or unincorporate, which is—

(a)(i)established by and represents residents of an area within which are located dwellings that are to be the subject of a delegation under this section, or

(ii)established jointly by such residents and the housing authority and any other person or body (whether corporate or unincorporate) approved of by the authority,

and

(b)declared by the authority by resolution to be a designated body for the purposes of this section;

“dwellings” includes any building or other land to which section 58 of the Principal Act applies and any works or services provided by the housing authority which are ancillary to or otherwise relate to the dwellings concerned.

10. Removal of temporary dwellings from certain locations.

10.—F25[(1) Where, without lawful authority, a person erects, places, occupies or otherwise retains a temporary dwelling in a public place and such temporary dwelling—

(a)is within a five mile radius of any site provided, managed or controlled by a housing authority undersection 13of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998), or any site provided or managed undersection 6and the temporary dwelling concerned could, in the opinion of the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained, appropriately be accommodated on that site, the housing authority may serve a notice on that person requiring that person, within a specified period, to remove the said temporary dwelling to the said site,

(b)is, in the opinion of the housing authority concerned—

(i)unfit for human habitation due to lack or inadequacy of water supply, sanitation or other essential services, or

(ii)likely to obstruct or interfere with the use of public or private amenities or facilities, or the maintenance of such amenities or facilities, or

(iii)likely to constitute or constitutes a significant risk to personal health, public health, or safety,

and such temporary dwelling could, in the opinion of the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained, appropriately be accommodated on any site provided, managed or controlled undersection 13of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998), or any site provided or managed undersection 6, the housing authority may serve a notice on that person requiring that person, within a specified period, to remove such temporary dwelling to the said site,

F26[(c) is within a one mile radius of any site provided, managed or controlled by a housing authority under section 13 of the Act of 1988 (as amended by theHousing (Traveller Accommodation) Act, 1998), or any other traveller accommodation provided, managed or controlled by a housing authority under the Housing Acts, 1966 to 2002, or any traveller housing accommodation provided or managed undersection 6and the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained is of the opinion that, whether by reason of its use or occupancy or by reason of its being one of a number of such temporary dwellings or otherwise, such temporary dwelling or any occupant of the temporary dwelling—

(i) is causing a nuisance or obstruction to the occupants of that site or traveller accommodation or to the occupants of any other dwelling or dwellings within a one mile radius of that site or that traveller accommodation, or

(ii) creates a risk to the quality of water, sanitary, electrical or other services associated with that site or traveller accommodation or with any other dwelling or dwellings within a one mile radius of that site or traveller accommodation, or

(iii) obstructs or interferes with the use or enjoyment by any person of any public or private amenity or any public or private facility or the maintenance of any such amenity or facility, within a one mile radius of that site or traveller accommodation,

the housing authority concerned may serve notice on that person requiring that person, within a specified period, to remove the said temporary dwelling,]]

(2)A notice under subsection (1) shall specify—

(a)the location and description of the temporary dwelling to which it relates,

F27[(b)the location of the site to which the temporary dwelling is required to be removed, or where a notice is served undersubsection (1)(c), that the temporary dwelling is required to be removed to at least a distance of one mile from the specified site,]

(c)the period, being not less than 24 hours from the time at which the notice is served, within which the requirements of the notice are to be complied with, and

(d)the statutory consequences of failure to comply with the requirements of the notice.

(3)Where, before the expiry of the period within which the requirements of a notice under subsection (1) are to be complied with, the temporary dwelling to which the notice relates is removed to a location in which it may lawfully be retained by the person concerned and the housing authority would not be entitled to serve another notice under subsection (1) in relation to the location, then subsections (4) and (5) shall not have effect.

(4)Any person on whom a notice under subsection (1) is served who fails in any respect to comply with any requirement of the notice shall be guilty of an offence.

(5)Where, in the opinion of the housing authority, the requirements of a notice under subsection (1) have not been complied with in all or any respects, then, without prejudice to any other provisions of this section, the authority may, without further notice, remove or procure the removal of the temporary dwelling—

F28[(a)to the site specified in the notice or, where a notice is served undersubsection (1)(c), to a location that is not less than one mile from the site referred to in than subsection, or]

(b)where they are for any reason prevented from so doing, to another location for storage by or on behalf of the authority.

(6)Any person who obstructs or impedes or assists a person to obstruct or impede a housing authority in exercising their functions under this section shall be guilty of an offence.

(7)Where a temporary dwelling has been removed by a housing authority under this section without the presence or knowledge of any person claiming to own, occupy or otherwise retain it, the authority shall serve upon each such person whose name and address can be ascertained by reasonable enquiry, a notice informing him—

(a)where the temporary dwelling is removed to a site under subsection (5) (a), of the location of the site,

(b)where the temporary dwelling is removed to a place of storage under subsection (5) (b), of the address of the place I where it may be claimed and recovered, and

(c)of the powers and duties of the authority under subsections (8), (9) and (10).

(8)Possession of a temporary dwelling removed by a housing authority under subsection (5) (b) shall be given by the authority to a person claiming possession of it on his satisfying the authority that his claim thereto is bona fide if, but only if, the person makes a declaration in writing that—

(a)he is the owner of the temporary dwelling, or

(b)he is authorised by its owner to claim it, or

(c)he is, for a specified reason, otherwise entitled to possession of it,

and, at the discretion of the authority, he pays the amount of any expenditure reasonably incurred by that authority in removing and storing the temporary dwelling.

(9)A housing authority may dispose or procure the disposal of a temporary dwelling removed by them under this section unless, within one month from the date of its removal or, where a notice is served in respect of it under subsection (7), from the time at which the notice is served—

(a)where the temporary dwelling is removed to a site under subsection (5) (a), it is occupied, with the authority's consent, on the site or lawfully removed from the site by the owner, or

(b)where the temporary dwelling is removed to a place of storage under subsection (5) (b), it is claimed in accordance with subsection (8) and removed from the place where it is stored.

(10)Where—

(a)a housing authority become entitled to dispose or procure the disposal of a temporary dwelling by virtue of subsection (9),

(b)the name and address of the owner of the temporary dwelling is or can be ascertained by the authority by reasonable enquiry, and

(c)the temporary dwelling is, in their opinion, capable of being sold,

then the authority shall be entitled to sell the temporary dwelling for the best price reasonably obtainable and upon doing so shall pay to the person who was the owner of the temporary dwelling at the time of its removal a sum equal to the proceeds of such sale after deducting therefrom any expenditure reasonably incurred by the authority in its removal, storage and sale and any expenditure incurred by that or another housing authority in the provision of the temporary dwelling.

(11)(a)A notice under subsection (1) may be served on a person in either or both of the following ways:

(i)in accordance with section 3 of the Principal Act, and

(ii)at the discretion of the authority, by affixing it in a conspicuous position on or near the temporary dwelling to which it relates.

(b)Section 3(5) of the Principal Act shall apply to a notice affixed in accordance with paragraph (a) (ii).

(12)Any person guilty of an offence under subsection (4) or (6) shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

(13)The provisions of this section are without prejudice to the functions of a public authority under any other enactment or any rule of law.

(14)In this section—

“public authority” means—

(a)the Government,

(b)a Minister of the Government,

(c)a local authority,

(d)a health board, and

(e)any other body established—

(i)by or under any enactment (other than the Companies Acts, 1963 to 1990), or

(ii)under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under another enactment,

and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, and a subsidiary of any such body;

“public place” means any street, road or other place to which the public have access whether as of right or by express or implied permission and whether subject to or free of charge and any property or other land owned or occupied by or leased to a public authority;

“temporary dwelling” means any tent, caravan, mobile home, vehicle or other structure or thing (whether on wheels or not) which is capable of being moved from one place to another, and—

(a)is or was used for human habitation, either permanently or from time to time, or

(b)was designed, constructed or adapted for such use.

11. Housing loans by housing authorities.

11.—(1)A housing authority may, subject to regulations made by the Minister for the purposes of this section with the consent of the Minister for Finance, make loans (in this section referred to as “housing loans”) for any of the following purposes:

(a)the acquisition of estates or interests in or the construction of houses;

(b)the carrying out of improvement works to houses;

(c)the acquisition of buildings or other land for the purpose of providing housing or the development of sites for housing;

(d)the conversion of a building, in whole or in part, into one or more self-contained dwelling units;

(e)the provision of hostel accommodation;

(f)payment of a deposit for the purchase of property to which paragraph (a) or (c) relates.

(2)The power to make housing loans by virtue of subsection (1) includes the power to make them even if the amount due to the housing authority may exceed the amount of the original loan at any time after the loan has been made and, where the amount due to the authority in respect of capital exceeds the amount of the loan, any reference in this Act to the repayment of the loan includes reference to payment of the excess.

(3)The rates of interest payable from time to time on housing loans shall be determined by the Minister with the consent of the Minister for Finance, and different rates may be so determined for loans of different classes.

(4)A housing authority may enter into and carry out an agreement in connection with a housing loan under this section.

(5)Where default is made in complying with any of the conditions subject to which a housing loan is made by a housing authority or subject to which a house, property or other land in respect of which such a loan is made is held by the borrower or, in the case of the bankruptcy of the borrower of such a loan, the authority may, subject to the rights of any prior mortgagee or chargee, recover possession of the house, property or other land (whatever may be its value)—

(a)under sections 84 to 89 of the Landlord and Tenant Law Amendment Act, Ireland, 1860, as if the authority were the landlord and the borrower were the tenant, or

(b)by order of possession by a court in accordance with the terms of a mortgage given as security for the loan.

(6)Where a housing authority recover possession of a house, property or other land under subsection (5) (a)—

(a)all the estate, right, interest and title of the borrower in the house, property or land subsisting at the time the housing loan was made shall vest, without any conveyance or transfer, in the authority, and

(b)the provisions of section 23 of the Registration of Title Act, 1964, shall not apply to such vesting unless the house is retained by the authority in accordance with subsection (7) (b).

(7)Where a housing authority recover possession of a house, property or other land under subsection (5), the authority, at their discretion, may—

(a)sell it at the best price reasonably obtainable, or

(b)retain and use it for the purposes of any of their functions.

(8)Subject to subsection (9), where a housing authority recover possession of a house, property or other land under subsection (5), the provisions of section 21(3) of the Conveyancing Act, 1881, shall apply as if—

(a)the authority were a mortgagee who has exercised the power of sale conferred by that Act, and

(b)the value of the interest in the said house, property or other land at the disposal of the authority were money received by a mortgagee arising from the sale of mortgaged property, and

(c)any costs incurred by the authority in relation to arbitration under subsection (11) were costs properly incurred by a mortgagee in such a sale.

(9)Where a housing authority recover possession of a house in accordance with subsection (5) and let that house or another house of which they are the owner to the borrower from whom possession was recovered or to any person who might reasonably be expected to reside with him, then the authority may, at their discretion, retain the residue that would otherwise be payable by them by virtue of subsection (8), provided that—

(a)they discharge any encumbrance to which the security given for the housing loan concerned had priority, and

(b)on or before such letting, the borrower is made aware in writing of the provisions of this subsection and subsection (8).

(10)Subsection (9) shall not prevent a housing authority from making such monetary arrangements with a borrower as they consider equitable in the circumstances.

(11)Where a house recovered by a housing authority is retained by them and in default of agreement between the authority and the borrower, the value of the interest in the house at the disposal of the authority shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, by a property arbitrator nominated under the Property Values (Arbitrations and Appeals) Act, 1960.

(12)Any sum due to a housing authority by any person in respect of a housing loan may, without prejudice to any other power in that behalf, be recovered by the authority from that person as a simple contract debt in any court of competent jurisdiction.

(13)Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:

(a)the class or classes of houses, buildings or other land, sites, works and accommodation in respect of which a loan may be made;

(b)the class or classes of persons to whom loans or loans of different classes may be made;

(c)the amount of a loan and the manner of its determination;

(d)requirements in relation to the financial and family circumstances of persons to whom a loan may be made;

(e)the manner in which the income of either or both the borrower and his household may be determined for the purposes of the regulations;

(f)the security, if any, to be taken for a loan and the manner of assessing the adequacy of the security;

(g)requirements in relation to the occupation of a house or other accommodation in respect of which a loan is made;

(h)the repayment of a loan including the manner of and period for such repayment;

(i)the manner of the payment of interest on a loan;

(j)requirements in relation to the floor area of a house in respect of which a loan may be made, measured in such manner as may, from time to time, be determined by the Minister;

(k)requirements in relation to standards of construction, works and repair and the availability in a house or other accommodation, in respect of which a loan may be made, of water, sewerage or other services;

(l)requirements, in the case of a loan for the carrying out of improvement or conversion works, in relation to the suitability of the house or property concerned for improvement or conversion and the type and purpose of the improvement or conversion works;

(m)the payment by instalments of a loan, whether or not the security to be taken, if any, is perfected;

(n)the conditions subject to which a house, property or other land in respect of which a loan is made, is held by a borrower during the period until the loan is repaid, and the interest thereon is paid, to the housing authority;

(o)requirements, in the case of a borrower other than a natural person, as to the constitution of such a borrower;

(p)the repayment of the capital debt outstanding and any interest due in the event of default by the borrower of an agreement under this section or in such other circumstances as the Minister may consider appropriate;

(q)the giving of notice to a borrower requiring him to comply with a condition subject to which a loan is made to him or subject to which a house, property or other land in respect of which a loan is made, is held by him;

(r)the adjustment of the capital debt outstanding on a loan (including the conversion of interest into such debt) and the extension of the repayment period;

(s)the insurance of a house, property or other land in respect of which a loan is made or which has been given as security for a loan;

(t)mortgage protection insurance;

(u)the form of, or matters to be specified in, a loan agreement.

(14)In this section “borrower” means the person to whom a housing loan has been made and includes a successor in title of that person and the personal representative of that person or successor in title.

12. Security of abandoned houses.

12.—(1)Where—

(a)in the opinion of a housing authority or the Housing Finance Agency plc, a house in respect of which a relevant loan has been made by the authority or the Agency, as the case may be, is abandoned by the borrower and any other person who might reasonably be expected to reside with the borrower, and the house has been or is in danger of being damaged or trespassed upon or of having any of its fixtures or fittings damaged or removed, and

(b)the house is not occupied by any person with the lawful consent of the borrower,

then, the authority or the Agency, as the case may be, may, without prejudice to due process of law for recovering possession of the house or any proceedings for the recovery of possession of the house, make whatever arrangements are considered necessary to secure and protect the house and for those purposes a person authorised by the authority or the Agency may enter the house at any time and may do therein anything reasonably necessary to secure and protect the house.

(2)Where the address at which the borrower resides for the time being is known to the housing authority or the Housing Finance Agency plc, as the case may be, the borrower shall be notified by them of the arrangements being made to secure and protect the house under subsection (1).

(3)The expenses incurred by a housing authority or the Housing Finance Agency plc under this section may be recovered by the authority or the Agency, as the case may be—

(a)from the borrower as a simple contract debt in any court of competent jurisdiction, or

(b)by an addition to the capital debt outstanding on the relevant loan.

(4)In this section—

“borrower” means the person to whom a relevant loan has been made and includes a successor in title of that person and the personal representative of that person or successor in title;

“relevant loan” means—

(a)a housing loan made by virtue of section 11, or

(b)a loan made by a housing authority under section 39 of the Principal Act or section 8 of the Act of 1979, or

(c)a loan made by the Housing Finance Agency plc in respect of a house.

13. Disposal of house mortgages.

13.—(1)The Minister may, with the consent of the Minister for Finance and after consultation with the Central Bank F29[…], make regulations in relation to the transfer, sale or assignment of mortgages.

(2)Where regulations made under this section are for the time being in force, any contract purporting to effect the transfer, sale or assignment of mortgages in contravention of the provisions of such regulations shall be void.

(3)Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), relate to all mortgages or to mortgages of a prescribed class or classes and may include provisions in relation to all or any one or more of the following:

(a)the obtaining of a mortgagor's consent to the transfer, sale or assignment of his mortgage;

(b)information to be given to a mortgagor in connection with the transfer, sale or assignment of his mortgage;

(c)the terms and conditions of the transfer, sale or assignment of the mortgages;

(d)undertakings to be given by the holder of a mortgage or the transferee, purchaser or assignee, as respects—

(i)the varying of the interest rate on the loan to which the mortgage relates,

(ii)procedure and policy in relation to the treatment of arrears of payments due under the mortgage;

(e)the prohibition or restriction of the charging of redemption fees by the transferee, purchaser or assignee;

(f)the insurance of the mortgaged property and its arrangement;

(g)the continuation of mortgage protection insurance, if any;

(h)the application of the provisions of section 26 of the Building Societies Act, 1989.

(4)In this section—

“mortgage” means a mortgage of a freehold or leasehold estate or interest in a house;

“redemption fee” means, in relation to a loan, any sum in addition to the principal and any interest due on such principal (without regard to the fact of the redemption of the loan) at the time of redemption of the whole or part of the loan.

14. Disposal of mortgages held by housing authorities or Housing Finance Agency plc.

14.—(1)A housing authority or the Housing Finance Agency plc may, with the consent of the Minister, or, where the Minister so directs, shall, on such terms and conditions as may be approved of by the Minister and the Minister for Finance, transfer, sell or assign some or all of the mortgages held by the authority or the Agency, as the case may be, in respect of loans made under the Housing Acts, 1966 to 1992, or the Housing Finance Agency Acts, 1981 to 1992.

(2)The proceeds of the transfer, sale or assignment of mortgagesby a housing authority or the Housing Finance Agency plc under this section shall be used for such purposes as the Minister may, with the consent of the Minister for Finance, direct.

(3)A housing authority may make joint arrangements with other housing authorities or the Housing Finance Agency plc for the transfer, sale or assignment of mortgages under this section.

(4)The transfer, sale or assignment of mortgages under this section by a housing authority shall, unless it is the subject of a direction by the Minister, be a reserved function.

15. Transfer to Housing Finance Agency plc of certain Local Loans Fund loans.

15.—(1)Subject to this section, the Minister, with the consent of the Minister for Finance, may, by order, vest debt due to the Local Loans Fund by a housing authority in the Housing Finance Agency plc.

(2)An order under subsection (1)—

(a)shall be expressed and shall operate to vest on the date specified therein debt of an amount specified therein without any further conveyance or transfer, and

(b)may be expressed to apply to all or any part of the debt of any particular housing authority, any such part being determined by reference to such matters as the Minister considers appropriate.

(3)In consideration of debt vested in it under subsection (1), the Housing Finance Agency plc shall, on the date of such vesting, pay into the Local Loans Fund a sum equal to the amount of the debt so vested.

(4)With effect from the date of the vesting of debt under this section, all contracts, agreements and undertakings entered into by, made with or given to the Commissioners of Public Works in Ireland by a housing authority in respect of the said debt shall be enforceable by, against or in favour of the Housing Finance Agency plc as fully and effectually in every respect as if, instead of the Commissioners, the Housing Finance Agency plc had been the person by whom they were entered into, with whom they were made or to whom they were given, as the case may be.

(5)The Minister may by order amend or revoke an order made under this section at any time before the date on which it is to take effect.

(6)Any sum paid by the Housing Finance Agency plc under subsection (3) shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance.

(7)In this section “debt” means amounts outstanding on moneys advanced out of the Local Loans Fund under section 4 of the Local Loans Fund Act, 1935, to a housing authority for the purposes of making loans to persons for the acquisition, construction or improvement of houses.

16. Minimum notice to quit, etc.

16.—(1)Subject to subsections (2) and (3), a notice by a landlord or a tenant to the other of termination of the tenancy of a house letfor rent or other valuable consideration shall not be valid unless it is in writing and is served not less than four weeks before the date on which it is to take effect.

(2)This section shall not apply—

(a)to the tenancy of a house let to a person in connection with his continuance in any office, appointment or employment,

(b)to the tenancy of a house let bona fide for the temporary convenience of or to meet a temporary necessity of the landlord or the tenant,

(c)to a tenancy conferring on the tenant the right to occupy a house for a holiday, or

(d)to such other class or classes of tenancies as may be prescribed for the purposes of this section by the Minister.

(3)Nothing in this section shall prejudice any provision of a contract or rule of law whereby a notice by a landlord or a tenant to the other of termination of the tenancy of a house is to be served more than four weeks before the date on which it is to take effect.

17. Rent books.

17.—(1)The Minister may make regulations requiring the landlord of a house let for rent or other valuable consideration to provide the tenant of such a house with a rent book or other documentation to the like effect (in this section referred to as “other documentation”).

(2)Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:

(a)the class or classes of houses or tenancies in respect of which rent books or other documentation shall be provided;

(b)the particulars to be contained in a rent book or other documentation, including information relating to—

(i)the house,

(ii)the landlord,

(iii)the tenant,

(iv)the terms of the tenancy and the rights and obligations of the tenant and the landlord,

(v)the deposit (if any) paid,

(vi)the rent reserved under the tenancy;

(c)the manner in which payments of rent are recorded or acknowledged;

(d)requirements regarding the proper use of a rent book or other documentation;

(e)such other matters as the Minister considers necessary.

(3)A person authorised by a housing authority for the purposes ofthis section may, in relation to a house to which regulations under this section apply—

(a)require the tenant to furnish or cause to be furnished to him at a specified time and place such document (if any) purporting to be the rent book or other documentation provided by the landlord;

(b)at all reasonable times enter and inspect the house as respects any particulars required by the regulations to be contained in the rent book or other documentation;

(c)require the landlord to furnish or cause to be furnished to him at a specified time and place the landlord's books, documents or other records (whether legible or in a machine readable form) relating to the house and the tenancy thereof.

18. Standards for rented houses.

18.—(1)The Minister may make regulations prescribing standards for houses (including any common areas F30[…]) let F31[or available for letting] for rent or other valuable consideration and it shall be the duty of the landlord of such a house to ensure that the house complies with the requirements of such regulations.

(2)A person authorised by a housing authority for the purposes of this section may at all reasonable times enter and inspect a house to which regulations under this section apply.

(3) F32[…]

(4) F32[…]

(5) F32[…]

(6) F32[…]

(7)Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:

(a)the class or classes of houses or tenancies in respect of which the prescribed standards shall apply;

(b)the maintenance of the house F33[and any common areas] in a proper state of structural repair and in good general repair;

(c)the quality and condition of the accommodation, any common areas, furnishings and appliances;

(d)ventilation and lighting;

(e)water supplies, sanitary facilities and drainage;

(f)facilities for heating and cooking;

(g)facilities for the storage and the preparation of F34[food;]

F35[(h) fire safety.]

F36[(8) For the purposes ofsubsection (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.]

F37[(9) In this section andsections 18Aand18B—

"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.]

18A.. F38[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 undersection 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 insubsection (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 undersubsection (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 undersubsection (6)or notifying the authority of an appeal undersubsection (7), as the case may be,

(f) contain a statement that if an objection is not submitted in accordance withsubsection (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 undersubsection (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 ofsubsection (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 withparagraph (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 underparagraph (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 undersubsection (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 underparagraph (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 underparagraph (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 undersubsection (6)and no appeal is made undersubsection (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 undersubsection (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 undersubsection (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 ofsubsection (2)(d).

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

18B.. F39[Prohibition notice.

18B.—(1) Where a landlord fails to comply with an improvement notice in accordance withsection 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 undersubsection (4),

and

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

(3) Where a prohibition notice is given undersubsection (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 underparagraph (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 underparagraph (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 undersubsection (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 bysubsection (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 withsubsection (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 undersubsection (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.]

19. Prohibition on distress for rent of dwelling.

19.—No distress shall be levied for the rent (including rent-charge) of any premises let solely as a dwelling.

20. Registration of rented houses.

20.—(1)The Minister may make regulations requiring a landlord of a house let for rent or other valuable consideration to register the tenancy of such a house with the housing authority in whose functional area the house is situate and to furnish such particulars as the regulations may specify, including in each case the name and address of the landlord and of the tenant and the amount of the rent or the value or nature of the other consideration, as the case may be.

(2)Regulations under subsection (1) may be expressed to apply to houses or tenancies of a particular class or classes and may contain such provisions as the Minister considers necessary for the purposes of this section.

(3) F40[…]

(4)A housing authority shall keep a register (in this section referred to as “the register”) for the purposes of this section in respect of all houses in their functional area to which regulations under this section relate and shall make all such entries therein as may from time to time be appropriate in accordance with this section and such regulations.

(5)The register shall be kept at an office of the housing authority designated by them and shall be available for inspection by any person during normal office hours.

(6)(a)A copy of an entry in the register purporting to be certified by an authorised officer of the housing authority shall, in the absence of any evidence to the contrary, be deemed to have been so certified by the authority and shall be received in evidence accordingly.

(b)Evidence of an entry in the register may be given by the production of a copy thereof certified in accordance with paragraph (a) and it shall not be necessary to produce the register.

(7)Where an application is made to a housing authority for a copy of an entry in the register, the copy shall be issued to the applicant on payment by him of such fee (if any) in respect of each entry as the Minister may, from time to time, prescribe by regulations or as may be determined by the authority where not so prescribed.

(8)All fees received by a housing authority F41[by virtue of any requirement on landlords relating to the registration of tenancies] shall be paid, as appropriate, into the county fund or the municipal fund.

(9)A person authorised by a housing authority for the purposes of this section may at all reasonable times enter into and inspect a house to which regulations under this section apply as respects any particulars required by the regulations to be furnished to the authority.

(10)References in section 11 of the Housing (Private Rented Dwellings) Act, 1982, and in sections 7 and 8 of the Housing (Private Rented Dwellings) (Amendment) Act, 1983, to regulations under section 24 of the Housing (Private Rented Dwellings) Act, 1982, shall be construed as references to regulations made or deemed by virtue of section 37 to have been made under this section.

20A. F42[Regulations in respect of fees payable to the housing authority

20A.The Minister may make regulations requiring the landlord of a house, let for rent or other valuable consideration to pay to the housing authority such annual or other fee as may be prescribed in relation to the functions of the authority undersection 17, 18or20.]

21. Statutory declarations.

21.—It shall be lawful for a member of the Garda Síochána or a person in Holy Orders or a regular minister of any religious denomination or community to take and receive a statutory declaration for the purposes of any provision of or under the Housing Acts, 1966 to 1992.

22. Payment of grants, etc., not to imply certain warranties.

22.—(1)The granting of assistance by the Minister or a housing authority in respect of a house shall not imply any warranty on the part of the Minister or the authority, as the case may be, in relation to the state of repair or condition of the house or its fitness for human habitation.

(2)In this section the reference to the granting of assistance in respect of a house means—

(a)in the case of the Minister, the payment of a grant, subsidy or recoupment in respect of the house in accordance with a provision of or under the Housing Acts, 1966 to 1992,

(b)in the case of a housing authority, the making of a loan, the granting of a shared ownership lease, the provision of assistance or the payment of a grant or subsidy in respect of the house in accordance with a provision of or under the Housing Acts, 1966 to 1992, or the carrying out of works to the house in accordance with section 5.

23. Definition of housing authority and transfer of functions.

23.—F43[(1) A reference in the Housing Acts 1966 to 2014 to a housing authority is a reference to a local authority and references to the functional area of a housing authority shall be construed accordingly;]

(2) F44[…]

(3)(a)The Minister may, by order, as respects any function of a housing authority within the meaning of subsection (1) F45[…] which he considers could be performed more effectively or appropriately by a local authority, other than the housing authority concerned, transfer the function to the said local authority.

(b)In relation to a housing authority to whom a function is transferred in accordance with paragraph (a), an order under this subsection shall specify whether the authority shall, as respects the functional area of the authority from whom the function is transferred, perform the function separately from or as one with the functional area of the first mentioned authority.

(c)An order under this subsection may make provision in relation to the charging of expenses in relation to a function transferred pursuant to paragraph (a).

(d)The Minister may by order amend or revoke an order made under this subsection, including an order made under this paragraph.

(4)The Principal Act is hereby amended by the deletion of the definition of “housing authority” in subsection (1) of section 2.

F46[(5)F47[…]]

24. Amendment of section 5 of Principal Act.

24.—Section 5 of the Principal Act is hereby amended by the substitution for subsection (4) (inserted by the Act of 1979) of the following:

25. Amendment of section 89 of Principal Act.

25.—Section 89 of the Principal Act is hereby amended—

(a)by the substitution for the definition of “dwelling” therein of the following:

and

(b)by the insertion of the following definitions before the definition of “special condition”:

26. Power of housing authorities to sell certain dwellings provided under Principal Act.

26.—(1)The Principal Act is hereby amended by the substitution for section 90 of the following:

(2) F48[…]

(3)Section 90 of the Principal Act (as amended by this Act) shall not apply to a house during a period it is let by a housing authority under an agreement, entered into before the commencement of section 3 which requires the tenant to accept from the authority when offered by them a shared ownership lease.

27. Amendment of section 15 of Act of 1988.

27.—Section 15 of the Act of 1988 is hereby amended by the substitution for paragraph (b) of subsection (2) of the following:

28. Amendment of section 20 of Act of 1988.

28.—Section 20 of the Act of 1988 is hereby amended by the insertion after subsection (1) of the following:

29. Amendment of Housing Finance Agency Act, 1981.

29.—The Housing Finance Agency Act, 1981, is hereby amended—

(a)by the substitution for section 5 (as amended by the Housing Finance Agency (Amendment) Act, 1988) of the following:

30. Amendment of section 29 of Building Societies Act, 1989.

30.—Section 29 of the Building Societies Act, 1989, is hereby amended by the substitution for subsection (3) of the following:

31. Increase of certain limits under Principal Act.

31.—Article 2 (as amended by the Housing Act, 1970) of the Third Schedule to the Principal Act is hereby amended by the substitution of “£15,000” for “two thousand pounds” in paragraphs (a), (b), (c) and (h) and the substitution of “£40,000” for “five thousand pounds” in paragraph (g).

32. Extension of application of section 6 of Landlord and Tenant (Amendment) Act, 1980.

32.—The provisions of section 6 of the Landlord and Tenant (Amendment) Act, 1980, shall apply in respect of—

(a)a house leased under a shared ownership lease, and

(b)housing accommodation provided after the commencement of this section for letting by F49[an approved housing body,]

as if the person granting the lease or the F49[approved housing body], as the case may be, were a housing authority and the house or the housing accommodation were premises provided by the authority.

33. Increase in fines, etc.

33.—(1)(a)Any person convicted of an offence for which a fine is provided under a provision referred to in paragraph (b) shall, in lieu of that fine, be liable to a fine not exceeding £1,000 and those sections shall be construed and have effect accordingly.

(b)The provisions to which paragraph (a) relates are as follows:

(i)in the Principal Act, sections 3(5), 4(2) and 61(2), subsection (7) (inserted by the Housing Act, 1970) of section 62, section 64(2), subsections (3) and (4) of section 65, section 67(3), subsections (1), (2) and (3)(b) of section 68 and subsections (1)(a) and (2) of section 69, and

(ii)in the Act of 1988, section 29(1).

(2)Section 117 of the Principal Act is hereby amended by the substitution for subsection (7) of the following:

34. Offences.

34.—F50[(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, 18or20, 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.]

(2)Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this section may be instituted at any time within two years after the date of the offence.

F51[(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.]

35. Validation of certain payments.

35.—Where—

(a)a subsidy, being a subsidy specified in section 4 or 7, has been paid by the Minister or a housing authority or a recoupment, being a recoupment specified in section 4, 5 or 7, has been made by the Minister to a housing authority, on or after the 14th day of February, 1991, but before the commencement of section 4, 5 or 7, as the case may be, and

(b)the subsidy or recoupment would have been valid and effectual if it had been paid or made after such commencement,

then the subsidy or recoupment shall be valid and effectual, and be deemed always to have been valid and effectual, as if it had been paid or made after such commencement.

36. Expenses of housing authorities.

36.—The expenses of the council of a county in relation to the performance of a function under the Housing Acts, 1966 to 1992, shall be charged—

(a)in case the function is performed separately in respect of a county health district, on that county health district,

(b)in case the function is performed as one in respect of a combined area of a county health district and one, or more than one, borough or urban district in the county, on such combined area,

(c)in case the function is the subject of an order under section 23, pursuant to the provisions of such order.

37. Repeals and savings.

37.—(1)Each enactment specified in column (2) of the Schedule to this Act is hereby repealed to the extent specified in column (3) of that Schedule opposite the enactment so specified.

(2)Any repeal of enactments effected by this section shall not affect any provision of a loan agreement or mortgage contract, or the enforcement thereof, entered into by a housing authority under a provision being repealed.

(3)Notwithstanding subsection (2), if a housing authority think fit and with the agreement of the person to whom the loan was made or his successor in title, the authority may, in relation to a loan made under a provision being repealed by virtue of this section, apply the provisions of regulations made pursuant to section 11 (13) (r) to such loan.

(4)Notwithstanding any repeal effected by this section the provisions of the relevant enactment shall continue in force and have full effect in relation to a loan made by a housing authority under a provision being repealed.

(5)A regulation made under a provision repealed by this section and in force immediately before the commencement of this section shall, in so far as it could have been made under a corresponding provision of this Act, continue in force after such commencement and be deemed to have been made under the corresponding provision of this Act and may be amended or revoked accordingly.

38. Short title, construction, collective citation and commencement.

38.—(1)This Act may be cited as the Housing (Miscellaneous Provisions) Act, 1992.

(2)The Housing Acts, 1966 to 1988, and this Act, other than subsections (3) and (4) and sections 29 and 30 may be cited together as the Housing Acts, 1966 to 1992, and shall be construed together as one Act.

(3)The Housing Finance Agency Acts, 1981 to 1988, this subsection and sections 14, 15 and 29 may be cited together as the Housing Finance Agency Acts, 1981 to 1992, and shall be construed together as one Act.

(4)The Building Societies Act, 1989, this subsection and section 30 may be cited together as the Building Societies Acts, 1989 and 1992, and shall be construed together as one Act.

(5)This Act shall come into operation on such day or days as may be fixed by order or orders of the Minister under this section, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.