Housing Act , 1988

1. Interpretation.

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

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

“assurance company” has the meaning assigned to it by the Insurance Acts, 1909 to 1985;

“bank” means the holder of a licence under section 9 of the Central Bank Act, 1971, or a trustee savings bank certified under the Trustee Savings Banks Acts, 1863 to 1979;

“company” means a company within the meaning of section 2 of the Companies Act, 1963, or a company incorporated outside the State;

“credit union” means a society which is registered as a credit union under the Industrial and Provident Societies Acts, 1893 to 1978, by virtue of the Credit Union Act, 1966;

“house” has the meaning assigned to it by the Act of 1979;

“mortgage” means any instrument of mortgage or charge given as security for a loan and cognate words shall be construed accordingly;

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

(2)In this Act, reference to a section is to a section of this Act and 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 reference to some other enactment or provision, as may be appropriate, is intended.

(3)References in the Housing Acts, 1966 to 1979, to a grant, loan, subsidy or contribution under those Acts shall be construed as including references, respectively, to a grant, loan, subsidy or contribution under this Act.

(4)A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.

2. Homeless persons for the purposes of this Act.

2.—A person shall be regarded by a housing authority as being homeless for the purposes of this Act if—

(a)there is no accommodation available which, in the opinion of the authority, he, together with any other person who normally resides with him or who might reasonably be expected to reside with him, can reasonably occupy or remain in occupation of, or

(b)he is living in a hospital, county home, night shelter or other such institution, and is so living because he has no accommodation of the kind referred to in paragraph (a),

and he is, in the opinion of the authority, unable to provide accommodation from his own resources.

3. Subsidy for acquisition or construction of houses.

3.—(1)The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, pay, out of moneys provided by the Oireachtas, a subsidy towards the loan charges incurred by a person in respect of a loan made by an assurance company, a bank, a building society, a credit union, any other industrial or commercial organisation, the Housing Finance Agency plc or a housing authority for the acquisition or construction of a house.

(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 a subsidy, the conditions under which it may be paid and the manner of its payment, including payment by instalments;

(b)the payment to the body making the loan of a subsidy on behalf of the person to whom it is payable under subsection (1) and the conditions under which it is so paid to that body;

(c)the class or classes of houses in respect of which a subsidy may be paid and the class or classes of persons to whom a subsidy may be paid;

(d)requirements in relation to the loan for the house;

(e)requirements in relation to the previous purchase or building of a house by a person or the spouse F1[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] of such person;

(f)the occupation of the house;

(g)the floor area of the house, measured in such manner as may, from time to time, be determined by the Minister;

(h)requirements in relation to the financial and family circumstances of a person to whom a subsidy may be paid;

(i)the time within which application for a subsidy shall be made;

(j)requirements that a person obtaining a subsidy for a new house shall have qualified for a grant in respect of the house under section 4 of the Act of 1979; and

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

(3)A subsidy shall not be paid under this section unless the house the subject of the subsidy complies with such conditions, if any, as may, from time to time, be determined by the Minister for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.

(4)Subsections (4) and (5) of section 4 of the Act of 1979 (as amended by this Act) shall apply to a subsidy under this section as they apply to a grant under the said section 4.

(5)In this section “Housing Finance Agency plc” means the agency established under section 2 of the Housing Finance Agency Act, 1981.

4. Grant on surrender of certain houses.

4.—(1)The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, pay, out of moneys provided by the Oireachtas, a grant to a person—

(a)who, or whose spouse F2[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010]—

(i)in the case of a house which was provided, or which is or was owned, by a housing authority, provides the authority with vacant possession of the house by surrendering the tenancy or by conveying the house without compensation to the authority, or

(ii)in the case of accommodation allocated to a member of the Permanent Defence Force, provides the Minister for Defence with vacant possession by surrendering it,

and

(b)who purchases or builds a house for his own occupation.

(2)Where a house is being conveyed to a housing authority under this section, the following provisions shall have effect:

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

(b)F3[…]

(c)where 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, notwithstanding anything to the contrary contained in a transfer order under section 90 of the Principal Act, shall not be required to refund 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 a grant and the conditions under which it may be paid;

(b)the class or classes of houses in respect of which a grant may be paid and the class or classes of persons to whom a grant may be paid;

(c)requirements in relation to the minimum period of residence, whether as tenant or owner, of an applicant for a grant or the spouse F2[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] of such applicant in a house provided or owned by a housing authority, or in accommodation being surrendered to the Minister for Defence, as the case may be;

(d)the occupation of the house being purchased or built;

(e)the class or classes of houses or accommodation which may be surrendered or conveyed;

(f)requirements that the house being purchased or built shall be suitable for the needs of the applicant for a grant and for those who might reasonably be expected to reside with him;

(g)requirements in relation to the financial and family circumstances of the applicant for a grant;

(h)matters of procedure and administration, including the discharge by specified housing authorities of specified functions in relation to the grants; and

(i)requirements in relation to the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of the house being purchased or built.

(4)A grant shall not be paid under this section unless the house or accommodation surrendered in accordance with subsection (1) (a) and the house purchased or built in accordance with subsection (1) (b) complies with such conditions, if any, as may, from time to time, be determined by the Minister for the purposes of this section in relation to standards including standards of construction, repair and services.

5. Assistance by housing authorities of certain bodies.

5.F4[…]

6. Expenses of social workers.

6.—The Minister may, with the consent of the Minister for Finance, recoup, out of moneys provided by the Oireachtas, all or part of the salaries and other expenses incurred by a housing authority or other body approved of by the Minister for the purposes of this section in the employment of social workers or in the engagement of the services of such workers in connection with the accommodation of persons to whom section 13 applies.

7. Validation.

7.—Where—

(a)a grant under section 7 of the Act of 1979 (as amended by section 26) was paid by the Minister on or after the 10th day of April, 1981, but before the commencement of the said section 26, or

(b)a grant, loan, subsidy, contribution or other form of assistance was paid by the Minister or a housing authority, being a grant, loan, subsidy, contribution or assistance specified in a provision of this Act mentioned in column (2) of the Table to this section at any reference number in column (1) of that Table, on or after the date specified in column (3) of that Table at that reference number but before the commencement of that provision, and

(c)in any case mentioned in paragraph (a) or (b) the grant, loan, subsidy, contribution or assistance would have been valid and effectual if it had been paid after the commencement of the said section 26 or that provision (as the case may be),

the grant, loan, subsidy, contribution or assistance shall be as valid and effectual as if it had been paid after such commencement.

TABLE

8. Estimate of housing requirements.

8.—(1)A housing authority shall, within one year of the commencement of this section and thereafter at any time that appears to them expedient, and shall, as may, from time to time, be directed by the Minister, make as respects their functional area an estimate of—

(a)the existing housing requirements, and

(b)the prospective housing requirements over such period as the Minister may direct or, in the absence of such direction, as the authority see fit,

and shall cause a report thereon to be prepared and adopted by the authority.

(2)In making an estimate of housing requirements in accordance with subsection (1), a housing authority shall have regard to—

(a)information (derived from any survey of all or a sample of the housing in the area or otherwise as the authority see fit) in relation to the housing conditions in the area, including the number of houses which are in any respect unfit or unsuitable for human habitation, are overcrowded, are shared involuntarily or are expected (through obsolescence, demolition or conversion to other uses) to be lost to the supply of housing over the period to which the estimate relates,

(b)the extent to which there are persons who are homeless or living in temporary or movable accommodation,

(c)expected changes in the size and structure of the population of the area,

(d)the prospective housing requirements of persons residing outside the functional area of the authority to such extent (if any) as the authority consider appropriate,

(e)such other information as the authority consider relevant, and

(f)such other matters as the Minister may, from time to time, direct.

(3)An estimate and report under subsection (1) shall be prepared in such manner, and the report shall contain such information, as the Minister may, from time to time, direct.

(4)A housing authority owning houses in the functional area of another housing authority shall, on request in connection with the making of an estimate under subsection (1), provide to that other authority such information on the houses so owned as is required in relation to the matters specified in subsection (2) (a).

(5)A housing authority may, with the agreement of another housing authority, and shall, if so directed by the Minister, make an estimate and cause a report to be prepared under subsection (1) in respect of the whole or part of the functional area of that other authority and may include in a report an estimate prepared by that other authority.

(6)The adoption under this section of a report shall be a reserved function.

9. Housing assessments.

9.F6[…]

10. Additional provisions regarding accommodation for homeless persons.

10.—(1)A housing authority may, subject to such regulations as may be made by the Minister under this section—

(a)make arrangements, including financial arrangements, with a body approved of by the Minister for the purposes of section 5 for the provision by that body of accommodation for a homeless person,

(b)provide a homeless person with such assistance, including financial assistance, as the authority consider appropriate, or

(c)rent accommodation, arrange lodgings or contribute to the cost of such accommodation or lodgings for a homeless person.

(2)A request for accommodation may be made to a housing authority by or on behalf of a homeless person.

(3)Where accommodation or lodgings are made available to a person by virtue of subsection (1), the housing authority may at any time specify a period for which the accommodation or lodgings are to be so made available to that person.

(4)The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, recoup, out of moneys provided by the Oireachtas, all or part of any payment made by a housing authority by virtue of subsection (1).

(5)Where accommodation or lodgings are made available to a person by virtue of subsection (1), the housing authority may require that person to pay to them such charge as they see fit, having regard to the means of the person, the cost to the authority of such accommodation or lodgings and such other matters as the authority consider appropriate.

(6)A charge due to a housing authority under subsection (5) shall be recoverable by them as a simple contract debt in any court of competent jurisdiction.

(7)A charge under subsection (5) shall not be subject to the terms of any rent scheme in relation to houses let by the housing authority.

(8)Where accommodation or lodgings are made available to a person by virtue of subsection (1) and—

(a)the circumstances of that person change to the extent that, in the opinion of the housing authority—

(i)if the accommodation or lodgings being made so available were no longer available, the person would not be homeless, or

(ii)the person is now able to provide accommodation from his own resources, or

(b)that person has failed to pay a charge under subsection (5),

the authority may cease to have such accommodation or lodgings made so available and may require the person to vacate the accommodation or lodgings.

(9)Where accommodation or lodgings are made available or assistance is provided to a person by virtue of subsection (1), such person shall not be precluded for that reason from being included in an assessment under section 9 or being accepted for inclusion in the next such assessment.

(10)A housing authority may, while making enquiries to enable them to determine if a person is homeless, exercise the powers provided for in subsection (1).

(11)Regulations under this section may, in particular, but without prejudice to the generality of subsections (1) and (4), make provision in relation to all or any one or more of the following:

(a)the manner in which housing authorities exercise their powers under this section;

(b)the amount and conditions of recoupments under subsection (4);

(c)the notification by a housing authority of the decision on a request for accommodation and the reasons therefor;

(d)the furnishing of information to a housing authority in relation to a request for accommodation or assistance from the authority;

(e)such other incidental, consequential or supplementary provisions as may appear to the Minister to be necessary or expedient.

11. Schemes of priorities for letting dwellings.

11.—F7[…]

12. Reconstruction or improvement of certain houses provided by housing authorities.

12.—(1)The Minister may, on application by a housing authority and subject to subsection (2) F8[and(8)], determine that a group of houses provided by the authority shall be houses to which this section applies.

(2)A determination under subsection (1) shall be made only where the group of houses consists wholly or partly of houses of which the authority are the owner and which—

(a)are in need of reconstruction by reason of defects in their design or construction, or of deterioration due to age, or

(b)otherwise require works which, in the opinion of the Minister, are reasonably necessary for the purpose of rendering the houses more suitable for human habitation.

(3)A housing authority may, with the consent of the Minister, carry out reconstruction or improvement works to a house included in a group of houses to which this section applies where that house has been sold or leased by the authority.

(4)Where a housing authority carry out works to a house by virtue of subsection (3), they shall require the owner or lessee of the house to make such contribution as the authority may see fit or the Minister may direct towards the costs incurred by the authority.

(5)A contribution due to a housing authority under subsection (4) shall be recoverable by them as a simple contract debt in any court of competent jurisdiction.

(6)The Minister may specify such requirements as he sees fit in relation to the carrying out of environmental or ancillary works in respect of houses to which this section applies.

(7)This section shall be deemed to have come into operation on the 2nd day of October, 1984.

F8[(8) (a) This section shall not apply to apartments in a designated apartment complex.

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

13.. F9[Provision of sites for caravans.

13.—(1)This section applies to persons belonging to the class of persons who traditionally pursue or have pursued a nomadic way of life.

(2)A housing authority may provide, improve, manage and control sites for caravans used by persons to whom this section applies, including sites with limited facilities for the use by such persons otherwise than as their normal place of residence or pending the provision of permanent accommodation under an accommodation programme within the meaning ofsection 7of the Housing (Traveller Accommodation) Act, 1998, and may carry out any works incidental to such provision, improvement, management or control, including the provision of services for such sites.

(3)F10[Section 11 of the Housing (Miscellaneous Provisions) Act 2009]shall apply in connection with the provision of sites under this section as it applies in connection with the provision of dwellings under that section.

(4)A housing authority may, in respect of the use of a site provided by them under this section or of any service or facilities provided or made available in connection with such a site, make such charges as the housing authority see fit.

(5)Any charge due to a housing authority undersubsection (4)shall be recoverable by them as a simple contract debt in a court of competent jurisdiction.

(6)The Minister may issue guidelines for the purpose of this section and a housing authority shall have regard to any such guidelines.

(7)In this section—

‘caravan’means any structure designed or adapted for human habitation which is capable of being moved from one place to another, whether by towing or transport on a vehicle or trailer, and includes a motor vehicle so designed or adapted and a mobile home, but does not include a tent;

‘sites with limited facilities’means sites which, having regard to the temporary nature of such sites or the short duration of periods of use, have sufficient water, facilities for solid and liquid waste disposal and hard surface parking area for caravans.]

14. Provision of sites for private housing.

14.—(1)The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, pay to a housing authority or to a body approved of by the Minister for the purposes of this section, out of moneys provided by the Oireachtas—

(a)a subsidy of such amount as he may determine towards the loan charges incurred by the authority or the body; or

(b)a grant of such amount as he may determine,

in respect of the provision by the authority or the body of a site for the erection (other than by or on behalf of a housing authority) of a house.

(2)A subsidy under subsection (1) may, in lieu of being paid to the housing authority or body concerned, be paid, on their behalf, to the person who made the loan in respect of which the relevant loan charges were incurred.

15. Grants or subsidies by Minister for dwellings, sites and assistance provided by housing authorities.

15.—F12[…]

16. Guarantees by housing authorities.

16.—(1)A housing authority may, and shall, where so directed by the Minister, subject to such regulations as may be made by the Minister for the purposes of this section, guarantee a loan or part of a loan by an assurance company, a bank, a building society, a credit union or any other industrial or commercial organisation for the purpose of acquiring, constructing, or carrying out improvement works to, a house.

(2)The Minister may, with the consent of the Minister for Finance, recoup out of moneys provided by the Oireachtas all or part of any payment made by a housing authority by virtue of a guarantee given under this section.

17. Mortgage of houses sold or leased by housing authorities.

17.—(1) F13[…]

(2) F13[…]

(3)Notwithstanding section 107 of the Principal Act, a housing authority shall, before making an application for a warrant under subsection (1) of that section in respect of a house sold or leased by them, give to a mortgagee in whose favour a mortgage on the house has been effected not less than two months' notice in writing of the authority's intention to make the application, and every such notice shall state the grounds on which the application is to be based.

18. Discharge of mortgage.

18.—(1)Where, in relation to unregistered land within the meaning of the Registration of Title Act, 1964, all moneys secured by a mortgage have been fully paid or discharged, a housing authority shall, and any other mortgagee (not being a building society) may, endorse on or annex to, such mortgage either a reconveyance of the mortgaged property to the owner of the equity of redemption (or to such persons and to such uses as such owner may direct) or a receipt under the seal of the housing authority or other mortgagee (as the case may be).

(2)Where, in relation to registered land within the meaning of the Registration of Title Act, 1964, all moneys secured by a mortgage have been fully paid or discharged, a housing authority shall, and any other mortgagee (not being a building society) may, issue to the registered owner of the land a receipt under the seal of the housing authority or other mortgagee (as the case may be) which shall, for the purposes of section 65 of that Act, be sufficient proof of the satisfaction of the mortgage.

(3)A receipt under this section shall operate to vacate the mortgage and shall, without any reconveyance or re-surrender, vest the estate of and in the property comprised in the mortgage in the person for the time being entitled to the equity of redemption.

(4)Where a mortgage has been registered in the Registry of Deeds established by the Registration of Deeds Act, 1707, the Registrar under that Act shall, on production of a receipt under subsection (1), make an entry opposite the entry of the mortgage to the effect that the mortgage is satisfied and shall grant a certificate (either on the mortgage or separately) to the like effect.

(5)A certificate under subsection (4) shall be received in evidence in all courts and proceedings without any further proof, and an entry under that subsection shall have the effect of clearing the register or record of the relevant mortgage.

(6) F14[…]

19. Application of certain sections of Part II of Principal Act.

19.—(1)Section 10 of the Principal Act shall apply to any sum due under the Housing Acts, 1966 to 1988, by the Minister to a person (including a housing authority) from whom another sum is due to the Minister as that section applies to sums due by and to a housing authority.

(2)Any reference in section 34, 35, 36 or 38 of the Principal Act to a grant shall be deemed to include reference (as may be appropriate) to a grant, subsidy or other form of assistance under the Housing Acts, 1966 to 1988, and those sections shall be construed accordingly.

(3)Section 38 of the Principal Act shall, with the consent of the Minister and with any necessary modifications, apply to a grant, subsidy or other form of assistance by a housing authority under the Housing Acts, 1966 to 1988, as it applies to a grant referred to in that section.

(4)Section 38 of the Principal Act shall apply to a grant, subsidy or other form of assistance by the Minister under the Housing Acts, 1966 to 1988, where a certificate of approval was issued by an officer of a housing authority, and the said section 38 shall be construed and have effect as if the reference therein to “an officer of the Minister” included a reference to “an officer of a housing authority”.

20. Additional provisions relating to sections 56 to 58 of Principal Act and to section 12.

20.—F15[…]

21. Amendment of section 2 of Principal Act.

21.—Section 2 of the Principal Act is hereby amended by the substitution in subsection (1) of the following definition for that of “housing authority”:

22. Amendment of section 108 of Principal Act.

22.—The following section is hereby substituted for section 108 of the Principal Act:

23. Repeal of section 13 of Act of 1979 and consequential provisions.

23.—(1)Section 13 of the Act of 1979 is hereby repealed.

(2)Notwithstanding the repeal of section 13 of the Act of 1979 effected by subsection (1), the following provisions shall have effect, that is to say:

(a)where an application to purchase a house has been received from the tenant thereof by a housing authority on or before the 31st day of December, 1987, and the housing authority have vested or propose to vest the house in the said tenant on the terms applicable to the sale of the house at the date of receipt of such application, the provisions of the said section 13 shall continue in force in respect of that house;

(b)the Minister may by order designate an officer of the Minister to carry out all or such of his functions under the said section 13 as may be specified in the order in respect of a house referred to in paragraph (a);

(c)the Minister may by order amend or revoke an order made under this subsection (including this paragraph).

(3)Subsection (2) shall cease to have effect on such day as may be prescribed.

24. Amendment of section 3 of Act of 1979.

24.—F16[…]

25. Amendment of section 4 of Act of 1979.

25.—The following subsection is hereby inserted after subsection (4) of section 4 of the Act of 1979:

26. Amendment of section 7 of Act of 1979.

26.—The following subsection is hereby substituted for subsection (1) of section 7 of the Act of 1979:

27. Amendment of City and County Management (Amendment) Act, 1955.

27.—F18[…]

28. Amendment of Vagrancy Act, 1824.

28.—The Vagrancy Act, 1824 (as applied to Ireland by section 15 of the Prevention of Crimes Act, 1871) is hereby amended by the deletion in section IV of the following words “every person wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, not having any visible means of subsistence, and not giving a good account of himself or herself;”.

29. Offences.

29.—(1)Any person—

(a)who, on being requested by a housing authority to furnish information to the authority in connection with the exercise of their duties and functions under section 9, 10 or 11, gives information which he knows to be false or misleading or fails to supply information which he knows to be material, or

(b)for whom accommodation, lodgings or assistance are being made available by virtue of section 10 (1) and who fails to inform the housing authority of any material change in his circumstances while remaining in occupation of the accommodation or lodgings or in receipt of the assistance,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(2)An offence under this section may be prosecuted by the housing authority who requested the information referred to in subsection (1) (a), or who provided the accommodation, lodgings or assistance referred to in subsection (1) (b).

30. Repeals.

30.—(1)The enactments specified in column (2) of the Schedule to this Act are hereby repealed to the extent specified in column (3) of that Schedule.

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

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

31.—(1)This Act may be cited as the Housing Act, 1988.

(2)The Housing Acts, 1966 to 1979, and this Act (other than sections 27 and 28) may be cited together as the Housing Acts, 1966 to 1988, and shall be construed together as one Act.

(3)The County Management Acts, 1940 to 1985, and section 27 may be cited together as the County Management Acts, 1940 to 1988.

(4)The Cork City Management Acts, 1929 to 1971, and section 27 may be cited together as the Cork City Management Acts, 1929 to 1988.

(5)The Local Government (Dublin) Acts, 1930 to 1985, and section 27 may be cited together as the Local Government (Dublin) Acts, 1930 to 1988.

(6)The Limerick City Management Acts, 1934 to 1971, and section 27 may be cited together as the Limerick City Management Acts, 1934 to 1988.

(7)The Waterford City Management Acts, 1939 to 1971, and section 27 may be cited together as the Waterford City Management Acts, 1939 to 1988.

(8)The Vagrancy Act, 1824 (as applied to Ireland by section 15 of the Prevention of Crimes Act, 1871), and section 28 may be cited together as the Vagrancy Acts, 1824 and 1988.

(9)This Act (other than section 12) shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.