Housing (Miscellaneous Provisions) Act 1997

1. Interpretation.

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

F1[‘affordable house’means an affordable house provided under Part V of thePlanning and Development Act 2000or Part 2 of theHousing (Miscellaneous Provisions) Act 2002or an affordable dwellingF2[purchased under an affordable dwelling purchase arrangement underPart 2of theAffordable Housing Act 2021]as the case may be;]

F3[‘anti-social behaviour’includes either or both of the following, namely—

(a) the manufacture, production, preparation, importation, exportation, sale, supply, possession for the purposes of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts 1977 to 2007),

(b) any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, alarm, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts 1966 to 2014 or Part V of thePlanning and Development Act 2000or a housing estate in which the house is situate and, without prejudice to the foregoing, includes—

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

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

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

F4[‘caravan’ has the meaning assigned to it by section 13 of the Housing Act, 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998);]

“estate management” includes—

(a)the securing or promotion of the interests of any tenants, lessees, owners or occupiers, whether individually or generally, in the enjoyment of any house, building or land provided by a housing authority under the F5[Housing Acts 1966 to 2002or Part V ofthe Planning and Development Act 2000],

(b)the avoidance, prevention or abatement of anti-social behaviour in any housing estate in which is situate a house provided by a housing authority under the F5[Housing Acts 1966 to 2002or Part V ofthe Planning and Development Act 2000] F4[or a site];

F6[‘excluding order’has, where the context admits or requires, the meaning assigned to it bysubsection (1)or(2)ofsection 3;]

“health board” means a health board within the meaning of the Health Act, 1970;

“house” has the meaning assigned to it by the Housing (Miscellaneous Provisions) Act, 1992;

“housing authority” has the meaning assigned to it by section 1 of the Housing (Miscellaneous Provisions) Act, 1992;

F7[‘relevant purchaser’means (subject tosection 1A)—

(a) a person to whom a housing authority has sold a house under the Housing Acts 1966 to 2014 other than an affordable house, or

(b) a person in whom there subsequently becomes vested (other than for valuable consideration) the interest of the person referred to inparagraph (a)of this definition in the house referred to in that paragraph;]

“respondent” has the meaning assigned to it by section 3 F4[or where appropriate undersection 3A];

F4[‘site’means—

(a)a site to whichsection 13of theHousing Act, 1988, (as amended by the Housing (Traveller Accommodation) Act, 1998) applies, and

(b)a site provided or managed undersection 6of theHousing (Miscellaneous Provisions) Act, 1992;

‘site excluding order’ has the meaning assigned to it by section 3A;]

“tenant” means any person to whom a housing authority have let a house under the F5[Housing Acts 1966 to 2002or Part V ofthe Planning and Development Act 2000F8[or to whom a dwelling is let under a Chapter 4 tenancy agreement (within the meaning of the Housing (Miscellaneous Provisions) Act 2009)]].

(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).

1A. F9[Person ceasing to be relevant purchaser

1A. (1) A person shall cease to be a relevant purchaser for the purposes of this Act—

(a) where the sale of the house concerned was effected by a transfer order made by way of a shared ownership lease provided for in accordance with Regulation 11 of the Housing (Sale of Houses) Regulations 1995 (S.I. No. 188 of 1995)—

(i) on the date of expiry of the lease due to the effluxion of time, or

(ii) where the purchaser purchases the reversion expectant on the termination of the lease, on the expiry of—

(I) the period of 20 years from the date the transfer order became effective, or

(II) the period from the date the transfer order became effective to the date of purchase of the reversion expectant on the termination of the lease,

whichever is the longer period,

(b) in the case that the sale of the house was effected by a transfer order made by way of a lease other than a lease referred to inparagraph (a)—

(i) on the date of expiry of the lease due to the effluxion of time, or

(ii) where the purchaser acquires the fee simple in the house from the housing authority undersection 26of theLandlord and Tenant (Ground Rents) (No. 2) Act 1978, on the expiry of—

(I) the period of 20 years from the date the transfer order became effective, or

(II) the period from the date the transfer order became effective to the date of acquisition of the fee simple,

whichever is the longer period,

(c) in the case that the house was sold under Part 3 or 4 of theHousing (Miscellaneous Provisions) Act 2009or Part 3 of the Housing (Miscellaneous Provisions) Act 2014, on the expiration of the charged period provided for by each of those Parts respectively, or

(d) in any other case, on the expiry of the period of 20 years from the date of the sale of the house.

(2)Subsection (1)shall apply to a person irrespective as to when the house (other than an affordable house) was sold by the housing authority to the person concerned and, in the definition of‘relevant purchaser’insection 1—

(a) the reference inparagraph (a)of that definition to theHousing Acts 1966 to 2014, and

(b)paragraph (b)of that definition,

shall be construed accordingly.]

2. Summonses.

2.—(1)Notwithstanding anything contained in any enactment or the District Court Rules—

(a)a summons in connection with proceedings under F10[Part 2 of the Housing (Miscellaneous Provisions) Act 2014], or this Act may be served by ordinary prepaid post or in any one of the other ways referred to in section 3(1) of the Housing Act, 1966;

(b)a summons in connection with proceedings in the District Court under F10[Part 2 of the Housing (Miscellaneous Provisions) Act 2014], or this Act may, in lieu of being signed and issued by a judge of the District Court, be signed and issued under the general superintendence of an appropriate District Court clerk as a matter of administrative procedure.

(2)In this section “appropriate District Court clerk”, in relation to a summons, means a District Court clerk assigned to any District Court area in the District Court district in which a justice of the District Court has jurisdiction in relation to the proceedings to which the summons relates.

3. Excluding orders.

F11[3.—(1) A tenant or relevant purchaser may, in respect of a house—

(a) let to the tenant by a housing authority, or

(b) in respect of which he or she is such a purchaser,

apply to the District Court for an order (to be known and referred to in this Act as an‘excluding order’) against a person including, in the case of an application by a tenant, a joint tenant (referred to in this Act as‘the respondent’) whom the tenant or relevant purchaser making the application believes to be engaging in anti-social behaviour.

F12[(2) A housing authority may, in respect of a house referred to insubsection (1), apply to the District Court for an order (in this Act referred to as an‘excluding order’) against a person, other than the tenant, where there is no joint tenant, or relevant purchaser of the house (in this Act referred to as the‘respondent’), whom the authority believe to be engaging in anti-social behaviour where the authority—

(a) believe that the tenant or relevant purchaser—

(i) may be deterred or prevented by violence, threat or fear, either to himself or herself or to persons associated with him or her, from pursuing an application for an excluding order, or

(ii) does not intend, for whatever other reason, to make such an application,

and

(b) consider that, in the interest of good estate management, it is appropriate, in all the circumstances, to apply for the excluding order.]

F13[(2A) An application undersubsection (1)or(2)may not be made against a person who is under 12 years of age.]

F14[(3) Where the court, on application to it, is of the opinion that there are reasonable grounds for believing that the respondent is or has been engaged in anti-social behaviour it may by order—

(a) in the case of a respondent who is under 18 years of age and is residing at the house in respect of which the application was made, prohibit the respondent, during the period when the order is in force—

(i) from entering or being in the vicinity of another specified house or being in or in the vicinity of any specified place or area, consisting of a place or area where one or more of the houses there are under the control and management of a housing authority, or

(ii) from doing all or any of the things referred to insubparagraph (i)unless specified conditions provided for by the order are complied with,

(b) in the case of a respondent who is under the age of 18 years and is not residing at the house in respect of which the application was made, prohibit the respondent during the period when the order is in force—

(i) from entering or being in the vicinity of that house or any other specified house or being in or in the vicinity of any specified place or area, consisting of a place or area where one or more of the houses there are under the control and management of a housing authority, or

(ii) from doing all or any of the things referred to insubparagraph (i)unless specified conditions provided for by the order are complied with,

(c) in any other case—

(i) direct the respondent, if residing at the house in respect of which the application was made, to leave that house and not re- enter it or be in its vicinity during the period that the order is in force, and

(ii) whether the respondent is or is not residing at the house in respect of which the application was made, prohibit the respondent for the period during which the order is in force—

(I) from entering or being in the vicinity of that house or any other specified house or being in or in the vicinity of any specified place or area, consisting of a place or area where one or more of the houses there are under the control and management of a housing authority, or

(II) from doing all or any of the things referred to inclause (I)unless specified conditions provided for by the order are complied with.]

(4) An excluding order may, if the court thinks fit, prohibit the respondent from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the tenant, relevant purchaser or other occupant of any house concerned.

(5) Where an excluding order has been made, the tenant, the relevant purchaser or the housing authority, as appropriate, or the respondent may apply to have it varied, and the court upon hearing the application shall make such order as it considers appropriate in the circumstances.

(6) An excluding order, whether made by the District Court or by the Circuit Court on appeal from the District Court, shall, subject tosubsection (7)andsection 9, expire three years after the date of its making or on the expiration of such shorter period as the court may provide for in the order.

(7) On or before the expiration of an excluding order to whichsubsection (6)relates, a further excluding order may be made by the District Court or by the Circuit Court on appeal from the District Court for a period of three years, or such shorter period as the court may provide for in the order, with effect from the date of expiration of the firstmentioned order.]

3A. F16[Site excluding orders.

3A.—(1)A person who is authorised, including a person who is jointly authorised, by a housing authority or an approved body to occupy a caravan on a site (in this section referred to as an‘authorised person’) may apply to the District Court for a site excluding order against another person (in this Act referred to as the‘respondent’) whom the authorised person making the application believes to be engaging in antisocial behaviour.

F17[(2) A housing authority or an approved body may, in respect of a site provided by the housing authority or the approved body under theHousing Acts 1966 to 2014, apply to the District Court for a site excluding order against a respondent whom the housing authority or the approved body believes to be engaging in anti-social behaviour and where the housing authority or the approved body—

(a) has reasonable grounds to believe that an authorised person—

(i) may be deterred or prevented by violence, threat or fear, either to himself or herself or to persons associated with him or her, from pursuing an application for a site excluding order, or

(ii) does not intend, for whatever other reason, to make such an application,

and

(b) considers that, in the interest of good estate management, it is appropriate, in all the circumstances, to apply for a site excluding order.]

F18[(2A) An application undersubsection (1)or(2)may not be made against a person who is under 12 years of age.]

F19[(3) Where following an application under this section, the District Court, or the Circuit Court on appeal from the District Court, is of the opinion that there are reasonable grounds for believing that the respondent is or has been engaged in anti-social behaviour it may by order (in this Act referred to as a‘site excluding order’)—

(a) in the case of a respondent who is under 18 years of age and is residing at the site in respect of which the application was made prohibit the respondent during the period when the order is in force—

(i) from entering or being on or being in or in the vicinity of any other specified site or being in or in the vicinity of any specified place, or

(ii) from doing all or any of the things referred to insubparagraph (i)unless specified conditions provided for by the order are complied with,

(b) in the case of a respondent who is under the age of 18 years and is not residing at the site in respect of which the application was made, prohibit the respondent, for the period during which the order is in force—

(i) from entering or being on or being in or in the vicinity of that site or any other specified site or being in or in the vicinity of any specified place, or

(ii) from doing all or any of the things referred to insubparagraph (i)unless specified conditions provided for by the order are complied with,

(c) in any other case—

(i) direct the respondent, if residing at the site in respect of which the application was made, to leave that site and not re-enter it during the period that the order is in force, and

(ii) whether the respondent is or is not residing at the site in respect of which the application was made, prohibit the respondent for the period during which the order is in force—

(I) from entering or being on or being in or in the vicinity of that site or any other specified site or being in or in the vicinity of any specified place, or

(II) from doing all or any of the things referred to inclause (I)unless specified conditions provided for by the order are complied with.]

(4)A site excluding order may, if the court thinks fit, prohibit the respondent from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the authorised person referred to in eithersubsection (1)or subsection(2)or other occupant of any site concerned.

(5)Where a site excluding order hasbeen made the authorised person concerned, where the application was made undersubsection (1), or the housing authority or approved body, where the application was made undersubsection (2), or the respondent may apply to have such site excluding order varied and the District Court, or the Circuit Court, on hearing such application for variation shall make such order as it considers appropriate in the circumstances.

(6)A site excluding order, whether made by the District Court or the Circuit Court on appeal from the District Court, shall, subject tosubsection (7)andsection 9, expire 3 years after the date of its making or on the expiration of such shorter period as specified in the order.

(7)On or before the expiration of a site excluding order to whichsubsection (6)relates, a further site excluding order may be made by the District Court, or by the Circuit Court, on appeal from the District Court, for a period of 3 years or such shorter period as specified in the order and the order shall take effect from the date of expiration of the first-mentioned site excluding order.

(8)A site excluding order under this section may if the court thinks fit or appropriate—

(a)require the respondent, within a specified period, or

(b)permit the respondent, on such conditions as the court may specify,

to remove from the site any caravan owned and occupied by the respondent on that site.

(9)Sections 4to12shall apply, with any necessary modifications, to a site excluding order under this section and for this purpose references in those sections to—

(a)‘excluding order’shall be construed and have effect as including a reference to a site excluding order,

(b)‘interim excluding order’shall be construed and have effect as including a reference to an interim site excluding order,

(c)‘house’or‘housing estate’shall be construed and have effectas including a reference to a site, and

(d)‘tenant’shall be construed and have effect as including a reference to an authorised person making an application undersubsection (1)or referred to insubsection (2)(a).

(10)Subsections (4),(5)and(8)shall apply to an interim site excluding order as they apply to a site excluding order.

(11)In this section‘approved body’has the meaning assigned to it bysection 13(2).]