Legalize / Ireland / Act

Housing (Miscellaneous Provisions) Act 2014

Type Act

Publication 2014-07-23

Last updated 2024-05-16

State In force

Source Irish Statute Book

articles 58

Reform history JSON API

PART 1 Preliminary and General

1.. Short title, collective citation and construction

1.(1) This Act may be cited as the Housing (Miscellaneous Provisions) Act 2014.

(2) This Act and the Housing Acts 1966 to 2014 shall be read together as one and shall be included in the collective citation “ Housing Acts 1966 to 2014 ”.

2.. Commencement

2. This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

3.. Definitions (generally)

3. In this Act—

“Act of 1992” means the Housing (Miscellaneous Provisions) Act 1992;

“Act of 1997” means the Housing (Miscellaneous Provisions) Act 1997;

“Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009;

“approved body” means a body standing approved of for the purposes of section 6 of the Act of 1992;

“household” has the meaning assigned to it by section 2(1) of the Act of 2009

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

“Principal Act” means the Housing Act 1966.

4.. Regulations

4. (1) Subject to subsection (2), the Minister may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect.

(2) Regulations made under this Act—

(a) may contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations, and

(b) may be expressed to apply generally or—

(i) to specified housing authorities or areas, or

(ii) to housing authorities, areas, apartment complexes (within the meaning of section 50 of the Act of 2009), dwellings, tenancies, loans, mortgages, persons, households, works or any other matter of a specified class or classes, denoted by reference to such matters to which the provision or provisions of this Act under which the regulations are made relate, as the Minister considers appropriate, and different provisions of such regulations may be expressed to apply in relation to different housing authorities or areas or different classes of housing authorities, areas, apartment complexes (within the meaning of section 50 of the Act of 2009), dwellings, tenancies, loans, mortgages, persons, households, works or other matters.

(3) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.

5.. Expenses of Minister

5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Termination of Local Authority Tenancies, etc.

6.. Interpretation (Part 2)

6. (1) In this Part—

“affordable housing” means—

(a) an affordable house provided under Part V of the Planning and Development Act 2000 or Part 2 of the Housing (Miscellaneous Provisions) Act 2002, or

(b) an affordable dwelling F1[purchased under an affordable dwelling purchase arrangement underPart 2of the Affordable Housing Act 2021], as the case may be;

“dwelling” means a dwelling provided by a housing authority under the Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000, other than affordable housing, and includes any building or part of a building of which an authority is the owner and which the authority requires for the purposes of those Acts;

“rent-related obligation” means—

(a) the term of a tenancy agreement requiring payment on the due dates of the amount of rent determined under section 58 of the Principal Act or section 31 of the Act of 2009, and

(b) a term of rescheduling arrangements;

“rescheduling arrangements” means arrangements relating to payment of rent arrears and includes arrangements referred to in section 34(2) of the Act of 2009;

“tenancy agreement” means—

(a) an agreement, between a person and a housing authority, that is of a type referred to in section 58(4)(b) of the Principal Act, under which the person is permitted to occupy or use a dwelling to which that section applies, or

(b) a tenancy agreement referred to in section 29 of the Act of 2009.

(2) A reference in this Part to rent includes a reference to charges in respect of a dwelling, whether by way of rent or otherwise, in respect of works or services provided under the Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000.

7.(1) In this section “specified term” means a term of a tenancy agreement that prohibits—

(a) anti-social behaviour,

(b) nuisance or conduct likely to cause annoyance or disturbance to neighbours, or

(c) the tenant from knowingly permitting a person, against whom an excluding order under section 3 of the Act of 1997 or an interim excluding order under section 4 of that Act is in force in respect of the dwelling concerned, to enter the dwelling in breach of the excluding order or interim excluding order, as the case may be.

(2) A housing authority may issue a tenancy warning under this section to a tenant where, in the opinion of the authority, the tenant or a member of his or her household has breached a specified term of the tenancy agreement.

(3) A tenancy warning issued under this section shall, subject to subsection (5), set out the basis for its issue and the reason for its issue and for those purposes shall—

(a) set out—

(i) the specified term or specified terms that has or have, in the housing authority’s opinion, been breached,

(ii) the nature of that breach, including the name of the household member (if that name is readily available to the housing authority) who caused that breach, the occasion of the breach and, where relevant, the significant or persistent detrimental effect of the breach on the quality of life of those in the locality of the dwelling to which the tenancy agreement relates,

(b) require the tenant to ensure that the household member who caused that breach—

(i) ceases or does not repeat specified actions, or

(ii) undertakes specified actions,

in order to prevent the detrimental effect of the breach from recurring or continuing,

(c) indicate that, if the breach continues during, or is repeated within, 12 months of the tenancy warning coming into effect, then the authority may either—

(i) apply under section 12 to recover possession of the dwelling, or

(ii) where appropriate, apply to the District Court (under section 3 of the Act of 1997) for an excluding order against the household member who caused that breach,

(d) indicate that the housing authority may, during the period of 3 years following a tenancy warning coming into effect, take the tenancy warning into account when considering whether—

(i) to consent, under subsection (12) of section 90 of the Principal Act, to a sale of a dwelling to the person identified in the tenancy warning as causing the breach of the specified term, where the grounds for refusal would be those set out in subparagraph (a)(ii) of that subsection,

(ii) to consent, under subsection (3) of section 48 of the Act of 2009, to a sale, during the charged period, of a dwelling to the person identified in the tenancy warning as causing the breach of the specified term, where the grounds for refusal would be those set out in paragraph (b) of that subsection,

(iii) to consent, under subsection (4) of section 76 of the Act of 2009, to a sale, during the charged period, of a dwelling to the person identified in the tenancy warning as causing the breach of the specified term or specified terms, where the grounds for refusal would be those set out in paragraph (b) of that subsection,

(iv) to consent, under subsection (3) of section 29, to a sale, during the charged period, of a house to the person identified in the tenancy warning as causing the breach of the specified term or specified terms, where the grounds for refusal would be those set out in paragraph (b) of that subsection,

(v) to refuse, under section 14(2) of the Act of 1997, to sell a dwelling to—

(I) the tenant (within the meaning of Part 4 of the Act of 2009 or to whom Part 3 applies) concerned,

(II) the eligible household (within the meaning of Part 3 or 5 of the Act of 2009) concerned, or

(III) the person concerned (in a case to which section 90 of the Principal Act relates),

(vi) to refuse, under section 14(1) of the Act of 1997, to allocate a dwelling, or to defer the allocation of it, to the tenant or to the household member identified in the tenancy warning as causing the breach of the specified term,

and

(e) set out the tenant’s right, under section 10, to request a review of the tenancy warning.

(4) A tenancy warning shall be served on the tenant (either at the dwelling concerned or otherwise) or, in his or her absence from the dwelling, on such other person at the dwelling as may be prescribed or, if the housing authority has attempted to but has not been able to so serve, by so serving subsequently or by serving in such other manner as may be prescribed.

(5) In setting out the basis for a tenancy warning under this section, a housing authority shall have due regard to protecting the identity of persons informing it of the breach of the specified term in circumstances where, in the opinion of the authority, not to do so—

(a) could render those persons, or persons associated with them, liable to violence, threat or fear as a consequence of so informing, or

(b) might otherwise have prevented those persons from so informing because of such violence, threat or fear.

8.. Tenancy warning relating to rent arrears

8.(1) A housing authority may issue a tenancy warning under this section to a tenant who is in breach of a rent-related obligation.

(2) The tenancy warning shall—

(a) set out the basis for the tenancy warning, that is to say, the rent-related obligation that has been breached, the amount of rent arrears that has accrued and the period during which the said amount was not paid,

(b) outline any previous occasion in the 5 years preceding that tenancy warning where the tenant or a member of his or her household was in breach of a rent-related obligation and the position as regards the payment of the rent arrears involved,

(c) require the tenant to pay the rent arrears immediately or, where such payment would cause undue hardship for the household, to contact the housing authority immediately with a view to entering into rescheduling arrangements in respect of the rent arrears involved,

(d) indicate that if, within 2 months after the tenancy warning comes into effect—

(i) the rent arrears have not been paid to the authority, or

(ii) rescheduling arrangements have not been entered into with the housing authority,

the authority may initiate proceedings under section 12 to recover possession of the dwelling,

(e) indicate that if—

(i) the rent arrears are paid by or on behalf of the tenant within 2 months of the tenancy warning coming into effect, and

(ii) in the 12-month period following the tenancy warning coming into effect there is a failure by or on behalf of the tenant to pay rent on the due date,

then the housing authority may, except where, during that period, the authority and either or both the tenant and other members of his or her household enter into rescheduling arrangements for payment of the rent arrears, apply under section 12 to recover possession of the dwelling without issuing a further tenancy warning to the tenant,

(f) indicate that, where either or both the tenant and the other members of his or her household enters into rescheduling arrangements with the housing authority and during the term of those arrangements fails to make a repayment or pay rent on a due date, the authority may, except where the authority is satisfied that the failure to make a repayment or pay rent on a due date was due to circumstances outside the household’s control and the authority and the tenant or the household enter into revised rescheduling arrangements for payment of the rent arrears, apply under section 12 to recover possession of the dwelling without issuing a further tenancy warning to the tenant,

(g) outline the provisions in housing legislation relating to tenants or households in arrears of rent to any housing authority that have not entered into rescheduling arrangements for the payment of such arrears,

(h) set out the tenant’s right, under section 10, to request a review of the tenancy warning, and

(i) where the housing authority is aware or suspects that the tenant has debts in addition to rent arrears, set out information on where the household may obtain debt advice and assistance.

(3) A tenancy warning shall be served on the tenant (either at the dwelling concerned or otherwise) or, in his or her absence from the dwelling, on such other person at the dwelling as may be prescribed or, if the housing authority has attempted to but has not been able to so serve, by so serving subsequently or by serving in such other manner as may be prescribed.

9.. Tenancy warning relating to other tenancy breach

9.(1) A housing authority may issue a tenancy warning to a tenant under this section where he or she or a member of his or her household has breached a term of the tenancy agreement other than a term to which section 7 or 8 relates.

(2) The tenancy warning shall—

(a) subject to subsection (4), set out the basis for the tenancy warning, that is to say, the term of the tenancy that has been breached, the nature and occasion of the breach and the name of the person (if that name is readily available to the housing authority) who caused the breach,

(b) require—

(i) the person causing the breach, and

(ii) where appropriate, either or both the tenant and other household members,

to cease, or not to repeat, specified actions or to undertake specified actions in order to prevent the breach from recurring or continuing,

(c) indicate that, if the breach continues in the period of, or is repeated within, 12 months of the tenancy warning coming into effect, the authority may apply under section 12 to recover possession of the dwelling without issuing a further tenancy warning to the tenant, and

(d) set out the tenant’s right, under section 10, to request a review of the tenancy warning.

(4) In setting out the basis for a tenancy warning under this section, a housing authority shall have due regard to protecting the identity of persons informing it of the breach of a term of the tenancy agreement in circumstances where, in the opinion of the authority, not to do so—

(a) could render those persons or persons associated with them liable to violence, threat or fear as a consequence of so informing, or

(b) might otherwise have prevented those persons from so informing because of such violence, threat or fear.

10.. Review of tenancy warning

10.(1) This section applies where a tenant does not accept that a breach of a tenancy agreement or rent-related obligation has occurred in the terms set out in a tenancy warning issued to him or her under section 7, 8 or 9.

(2) A tenant may request in writing (in this section referred to as a “review request”) a housing authority to review a tenancy warning issued to him or her.

(3) A review request shall—

(a) outline the grounds upon which the tenant disputes the basis for the tenancy warning and be accompanied by any relevant supporting documents, and

(b) state whether the tenant or a member of his or her household wishes to make oral representations to the housing authority as part of the review.

(4) Subject to subsection (5), a review request shall be received by the housing authority within 10 working days from the issuing of the tenancy warning to the tenant.

(5) The Minister may prescribe the types of extenuating circumstances as a consequence of which the period of 10 working days referred to in subsection (4) may, at the discretion of the chief executive of the local authority concerned and upon being satisfied that any such circumstance does apply, be extended upon application by or on behalf of the tenant for such further period as decided by that chief executive, but any such further period as so decided shall not, taken together with the 10 working days from the issuing of the tenancy warning concerned, exceed 20 working days from such issue.

(6) On receipt of a valid review request the chief executive of the local authority concerned shall appoint as the reviewer of the tenancy warning concerned an officer or employee of a local authority who was not involved in the decision to issue the tenancy warning and who is senior in rank to the officer or employee who decided to issue that warning.

(7) The reviewer shall review the decision to issue the tenancy warning as if the matter were being decided for the first time and on the basis of the information available to him or her.

(8) A reviewer may make such enquiries and meet with any person, including the tenant, a household member and a member of An Garda Síochána, that he or she considers it appropriate to meet in the circumstances.

(9) Except where the reviewer and the tenant otherwise agree in writing, the reviewer shall make a decision on the review within 20 working days of his or her appointment or, where—

(a) the tenant or a household member wishes to make oral representations,

(b) the reviewer wishes to meet the tenant or a household member as part of the review, or

(c) the tenant proposes a variation to the tenancy warning or is given the opportunity to comment or make representations (either orally or in writing) on a variation proposed by the reviewer to the tenancy warning, within 30 working days of his or her appointment.

(10) A decision on a review request by a tenant shall—

(a) confirm the tenancy warning in its original terms,

(b) vary the tenancy warning in specified terms, or

(c) annul the tenancy warning, and shall state the reasons for doing so and the housing authority shall send a copy in writing of the reviewer’s decision and reasons to the tenant.

(11) Any variation to a tenancy warning proposed by the reviewer under subsection (10) (b), other than to correct any clerical error of a non-material nature, shall not be made without first giving the tenant an opportunity to comment or make representations on such a variation.

(12) A tenant who has made a review request may, at any time before the review is completed, notify the housing authority in writing that he or she is withdrawing the review request but any such withdrawal is subject to subsection (13).

(13) A reviewer may, notwithstanding the withdrawal of a review request by the tenant and where the reviewer is satisfied that it is in order to do so continue the review under this section as if the withdrawal had not been made and the housing authority shall notify the tenant in writing accordingly.

(14) Where, in a review under this section, a member of An Garda Síochána or an officer of a housing authority states that he or she believes that a person is or has been engaged in anti-social behaviour, then, if the reviewer is satisfied that there are reasonable grounds for such belief and that another person would be deterred or prevented by violence, threat or fear from providing evidence in that regard, the reviewer may accept that statement as evidence of such anti-social behaviour.

(15) In a review of a tenancy warning under this section, the housing authority concerned and the reviewer shall have due regard to protecting the identity of persons informing the authority or reviewer of the breach in circumstances where, in the opinion of the authority or the reviewer, not to do so—

(a) could render those persons or persons associated with them liable to violence, threat or fear as a consequence of so informing, or

(b) might otherwise have prevented those persons from so informing because of such violence, threat or fear.

11.. Day that tenancy warning comes into effect

11.(1) Subject to subsections (2) and (3), a tenancy warning comes into effect on the second working day after the expiration of the period within which a request to review that warning could be received.

(2) Where a tenancy warning was the subject of a review request under section 10 and either—

(a) the tenancy warning was not withdrawn before the day the review was completed, or

(b) section 10(13) applies to the tenancy warning, then, except where the tenancy warning is annulled on review, the tenancy warning comes into effect on the second working day after a copy of the reviewer’s decision is sent to the tenant for the purposes of section 10(10) and in the terms specified in the review decision.

(3) Where a tenancy warning was the subject of a review request under section 10 and that request was withdrawn before the day the review was completed then, except where section 10(13) applies, the tenancy warning comes into effect on whichever of the following days last occurs:

(a) on the day determined in accordance with subsection (1) as if the request had not been made;

(b) on the second working day after the tenant notifies the housing authority in accordance with section 10(12) of the withdrawal.

12.. Proceedings for possession of local authority dwelling

12.(1) Where a tenant or a member of his or her household breaches a tenancy agreement or rent-related obligation, the housing authority may, subject to subsection (3), apply (in this section referred to as a “possession application”) to the District Court for a possession order under this section.

(2) A housing authority may make a possession application in respect of a dwelling under this section notwithstanding the fact that there may be in progress a review of a tenancy warning that relates to a breach of a type referred to in subsection (1) that is of a similar nature to the breach to which the possession application relates.

(3) (a) Subject to paragraph (b), a housing authority shall, not less than 10 working days before the hearing by the District Court of a possession application under this section in respect of a dwelling, give the tenant notice in writing of—

(i) the authority’s intention to make such an application,

(ii) the information to be included in the application, and

(iii) the date on which the authority intends to make the application.

(b) In a case where the housing authority is satisfied that the breach of the tenancy agreement to which the possession application relates has had or is having a significant or persistent detrimental effect on the quality of life of those in the locality of the dwelling, the authority shall, not later than at the time that it makes the possession application, give a copy of the possession application to the tenant.

(4) A possession application shall set out—

(a) the grounds for the application, that is to say, the term of the tenancy agreement or rent-related obligation that is alleged to have been breached and the nature and occasion of the breach including the name of the person (if that name is readily available to the housing authority) who caused the breach and, where relevant, the significant or persistent detrimental effect of the breach on the quality of life of those in the locality of the dwelling,

(b) where any housing authority previously issued a tenancy warning to or in respect of a person within the period of 5 years prior to the date of the application and such person is the tenant of the dwelling to which the application relates or is a member of the tenant’s household, the terms of that warning and the outcome of any request for its review, irrespective of whether or not the breach the subject of that warning is of a similar nature to the breach to which the possession application relates,

(c) where the housing authority did not issue a tenancy warning in relation to the breach to which the application relates, a statement as to why the housing authority did not do so,

(d) where the housing authority did not issue a notice to the tenant under subsection (3) (a), a statement as to why the housing authority did not do so, and

(e) whether or not the situation specified in subsection (2) applies and, if it does apply, a statement as to why the housing authority is seeking the possession order while the tenancy warning is under review.

(5) In setting out the grounds for a possession application under this section, a housing authority shall, where appropriate, have due regard to protecting the identity of persons who informed it of the breach in circumstances where, in the opinion of the housing authority, not to do so—

(a) could render those persons or persons associated with any of them liable to violence, threat or fear as a consequence of so informing, or

(b) might otherwise have prevented those persons from so informing because of such violence, threat or fear.

(6) The grounds for a possession application referred to in subsection (4) may be provided by information on oath given by an officer or employee of the housing authority concerned duly authorised to give that information and, for the purposes of this section shall—

(a) form part of the possession application, and

(b) be served on the tenant concerned in accordance with subsection (3).

(7) Where the tenant does not, without due cause, appear at the hearing of the possession application under this section and subject to subsection (8), the District Court may, where it is satisfied that there is a prima facie case for doing so, grant an order in the terms sought by the authority.

(8) The District Court may, as it thinks fit, adjourn proceedings under this section for a period fixed by the Court, with or without imposing conditions as to the conduct of the tenant or a household member, payment of either or both rent and rent arrears, or otherwise.

(9) (a) Without prejudice to subsection (7), the District Court shall make a possession order in respect of the dwelling the subject of a possession application under this section if it appears to the Court that the housing authority has grounds for the recovery of possession and that it is reasonable having regard to all the circumstances of the case to make the order.

(b) In considering the reasonableness of making a possession order under this section, the District Court shall, where appropriate, have regard to the following:

(i) the steps taken by the housing authority to secure the cessation or non- repetition of the breach of the term of the tenancy agreement or rent-related obligation, including the issue of any tenancy warning;

(ii) the response of the tenant to the steps taken by the housing authority referred to in subparagraph (i) ;

(iii) the effect, if any, that the breach of the tenancy agreement had or is having on the quality of life of those in the locality of the dwelling;

(iv) whether in the circumstances it is just and equitable to make the order notwithstanding that—

(I) the housing authority did not issue a tenancy warning in respect of the breach of the term of the tenancy agreement or the rent-related obligation,

(II) a tenancy warning issued by the housing authority in respect of a breach of the term of the tenancy agreement or the rent-related obligation of a similar nature to the breach to which the possession application relates is under review, or

(III) in accordance with subsection (3) (b), the housing authority did not issue a notice to the tenant under subsection (3) (a);

and

(v) the proportionality of making a possession order under this section, having regard to the grounds for the possession application.

(10) A possession order under this section shall specify the commencement date for the period during which the housing authority has the right to recover possession of the dwelling and the length of that period, which shall not be less than 2 months or more than 9 months, and shall have the effect of terminating the tenancy on the date that the housing authority recovers possession of the dwelling in pursuance of the order.

(11) Where the District Court (or the Circuit Court on appeal) is satisfied that it is desirable, because of the nature or circumstances of the proceedings before it under this section or that it is otherwise in the interest of justice, the whole or any part of those proceedings may be heard otherwise than in public.

(12) Where the grounds for a possession application are anti-social behaviour by a household member other than, where there is no joint tenant, the tenant, then the District Court—

(a) may decide that, as an alternative to determining the possession application, the possession application shall be deemed to be an application by the housing authority under section 3(2) of the Act of 1997 for an excluding order against that household member, notwithstanding that the provisions of paragraphs (a) and (b) of the said section 3(2) have not been complied with, and

(b) where the District Court so deems an application under subsection (3), shall require such notice (if any) to be given to the member of the household as the District Court considers appropriate in the circumstances.

(13) In proceedings under this section, a document purporting to be the relevant tenancy agreement produced by the housing authority shall be prima facie evidence of the agreement and it shall not be necessary to prove any signature on the document.

(14) The jurisdiction of the District Court in respect of an application under this section may be exercised, as regards the District Court, by a judge of the District Court for the time being assigned to the District Court district where the dwelling in relation to which that application was made is situate.

(15) Where a judge of the District Court to whom subsection (14) relates is not immediately available, the jurisdiction of the District Court under that subsection may be exercised by any judge of the District Court.

(16) Nothing in the Landlord and Tenant Acts 1967 to 2008 or the Housing (Private Rented Dwellings) Acts 1982 and 1983 relating to the obtaining of possession of a dwelling or building or part thereof shall be deemed to affect this section.

13.. Proceedings for possession against person in occupation of local authority dwelling

13.(1) In circumstances where—

(a) there is no tenancy in a dwelling other than in circumstances to which section 17 relates, or

(b) the dwelling has been abandoned by the tenant, and a person, without lawful authority or any right to become the tenant of the dwelling, resides in or otherwise occupies the dwelling (in this section referred to as a “person in occupation”), then the housing authority may apply (in this section referred to as a “possession application”) to the District Court for a possession order under this section.

(2) A possession application shall set out the grounds for the application and, where the occupier of the dwelling applied to the authority to become the tenant of the dwelling, the basis upon which the application was refused.

(3) In setting out the grounds for a possession application under this section, a housing authority shall have due regard to protecting the identity of persons who informed the authority of matters referred to in subsection (1) in circumstances where, in the opinion of the housing authority, not to do so—

(a) could render those persons or persons associated with any of them liable to violence, threat or fear as a consequence of so informing, or

(b) might otherwise have prevented those persons from so informing because of such violence, threat or fear.

(4) A housing authority shall, not less than 10 working days before the hearing by the District Court of a possession application under this section in respect of a dwelling, give to the person that the authority has reasonable grounds for believing to be the person occupying the dwelling, notice in writing—

(a) addressed to that person, or

(b) where the authority has a doubt about that person’s identity, addressed to the “occupier”,

of—

(i) the authority’s intention to make such an application,

(ii) the information to be included in the application, and

(iii) the date on which the authority intends to make the application.

(5) The grounds referred to in subsection (2) for a possession application may be provided by information on oath given by an officer or employee of the housing authority concerned duly authorised to give that information and, for the purposes of this section shall—

(a) form part of the possession application, and

(b) be served in accordance with subsection (4) on the person occupying the dwelling.

(6) Where the person in occupation does not, without due cause, appear at the hearing of the possession application under this section and subject to subsection (7), the District Court may, where it is satisfied that there is a prima facie case for doing so, grant an order in the terms sought by the authority.

(7) The District Court may, as it thinks fit, adjourn proceedings under this section for a period fixed by the Court, with or without imposing conditions as to the conduct of the person in occupation or of persons associated with the person in occupation.

(8) Without prejudice to subsection (6), the District Court shall make a possession order under this section in respect of the dwelling that is the subject of a possession application if it appears to the Court that—

(a) the housing authority has grounds for the recovery of possession,

(b) recovery of possession by the housing authority is a proportionate response to the occupation of the dwelling by the person concerned, and

(9) A possession order under this section has the effect of giving the housing authority the right to recover possession of the dwelling, which right may be specified not to come into effect before a date specified in the order, but the date so specified shall not be more than 6 months after the date the order is made.

(10) Where the District Court (or the Circuit Court on appeal) is satisfied that it is desirable, because of the nature or circumstances of the proceedings before it under this section or that it is otherwise in the interest of justice, the whole or any part of those proceedings may be heard otherwise than in public.

(11) The jurisdiction of the District Court in respect of an application under this section may be exercised, as regards the District Court, by a judge of the District Court for the time being assigned to the District Court district where the dwelling in relation to which that application was made is situate.

(12) Where a judge of the District Court to whom subsection (11) relates is not immediately available, the jurisdiction of the District Court under that subsection may be exercised by any judge of the District Court.

(13) Nothing in the Landlord and Tenant Acts 1967 to 2008 or the Housing (Private Rented Dwellings) Acts 1982 and 1983 relating to the obtaining of possession of a dwelling or building or part thereof shall be deemed to affect this section.

(14) (a) Subject to paragraph (b), where—

(i) there is no tenancy in a dwelling or the dwelling has been abandoned by the tenant in circumstances to which section 14 has been or could be applied, and

(ii) a person makes an entry into the dwelling, or uses it for human habitation or otherwise occupies it, without the consent of the housing authority,

such person, subject to paragraph (b), commits an offence and is liable on summary conviction to a class C fine or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both.

(b) Paragraph (a) does not apply in relation to a person—

(i) who was ordinarily resident in the dwelling at the time when the tenancy last created in the dwelling was terminated or otherwise ceased to exist,

(ii) who was ordinarily resident in the dwelling at the time the dwelling was abandoned by the tenant in circumstances to which section 14 has been or could be applied,

(iii) making an entry into the dwelling for the purposes of normal social relations with the person to whom subparagraph (i) or (ii) relates, or

(iv) making an entry into the dwelling (but not using it for human habitation) in the course of his or her ordinary business, profession, vocation or trade.

14.. Abandoned local authority dwellings

14.(1) For the purposes of this section and section 15 and in relation to the calculation of any period of abandonment of a dwelling, a dwelling continues to remain abandoned during such period notwithstanding any occasional visit to the dwelling by the tenant or a member of his or her household for the purpose of removing from the dwelling any property and for any other purpose that is incidental to the first-mentioned purpose.

(2) This section applies where the rent payable in respect of a dwelling the subject of a tenancy agreement between the housing authority and the tenant is in arrears for a period of not less than one month and the authority has reasonable grounds for believing that—

(a) the dwelling has not been occupied by the tenant or a member of his or her household for a continuous period of more than 6 weeks, and

(b) that household does not intend to occupy the dwelling as its normal place of residence, and either—

(i) there is a risk of non-minor damage, or of unquantifiable damage that could be of a non-minor nature—

(I) to the dwelling due to vandalism, or

(II) to the dwelling, or to any neighbouring property, due to any electrical, water or gas supply situated in that dwelling,

(ii) steps are necessary to prevent entry to the dwelling by trespassers or other unauthorised persons.

(3) Subject to subsection (4), a housing authority may enter a dwelling to which this section applies for the purpose of—

(a) securing the dwelling and any of its fittings and fixtures against vandalism,

(b) rendering safe any electrical, water or gas supply situated in that dwelling, or

(4) Except with the consent of the tenant, or where the housing authority has reasonable grounds for believing that—

(a) there is an imminent risk of damage of a type referred to in paragraph (i) of subsection (2), or that such damage is occurring, and irrespective of whether or not the risk of such damage arises in circumstances to which paragraph (ii) of that subsection also relates, and

(b) in the circumstances, in order to protect the dwelling it is not practical or expedient to have to wait to apply to the District Court for a warrant under subsection (5), the authority shall, before entering a dwelling under this section, apply under subsection (5) to a judge of the District Court for a warrant to enter the dwelling.

(5) (a) A judge of the District Court may issue a warrant under this subsection in respect of a dwelling if satisfied, by information on oath of an officer or employee of the housing authority that—

(i) there are reasonable grounds for believing that the circumstances set out in subsection (2) apply to the dwelling, and

(ii) it is necessary for the purposes set out in subsection (3) to enter the dwelling.

(b) A warrant under this subsection shall operate to authorise the person named in the warrant, accompanied by such other persons as the named person thinks necessary, to enter (if need be by force), at any time or times within one month from the date of the issue of the warrant, on production if so required of the warrant, the dwelling named in the warrant for the purposes set out in subsection (3).

(6) An officer or employee of the local authority concerned shall not enter a dwelling for the purposes of this section except—

(a) with the consent of the tenant,

(b) in accordance with a warrant issued under subsection (5), or

(c) in circumstances to which paragraphs (a) and (b) of subsection (4) apply, with the written authorisation, in respect of the dwelling, of—

(i) the chief executive of the local authority concerned, or

(ii) an officer or employee of the local authority authorised in writing by that chief executive to give such written consent,

which authorisation may be expressed to enable a named officer or employee to be accompanied by such other persons as the officer or employee thinks necessary, and to enter (if need be by force) the dwelling for the purposes of taking such measures as are considered appropriate in the circumstances.

(7) Where a housing authority has taken under this section all reasonable steps in the circumstances to make a dwelling secure from vandalism, it shall not by reason of taking such steps be liable for any damage subsequently caused to the dwelling or its contents by vandalism.

(8) This section is without prejudice to the right of a housing authority to exercise any other power it has in relation to a dwelling.

15.. Repossession of abandoned dwellings

15.(1) A housing authority wishing to take possession of a dwelling that has been abandoned by the tenant’s household, whether or not in circumstances to which section 14 applies, shall serve on the tenant a notice—

(a) stating that the authority has reason to believe that the dwelling is unoccupied and that the household does not intend to occupy it as its normal place of residence,

(b) requiring the tenant to inform the authority in writing within 4 weeks of service of the notice if the household intends to occupy the dwelling as its normal place of residence, and

(i) the tenant has not informed the authority in the manner required by paragraph (b), and

(ii) it appears to the authority at the end of that period that the dwelling is unoccupied and that the household does not intend to occupy it as its normal place of residence,

then the authority will serve a further notice on the tenant bringing the tenancy agreement to an end with immediate effect.

(2) Where—

(a) the housing authority—

(i) has served on the tenant a notice in accordance with subsection (1), and

(ii) has made such inquiries as may be necessary to satisfy itself that the dwelling is unoccupied and that the tenant’s household does not intend to occupy it as its normal place of residence,

and

(b) at the end of the period mentioned in subsection (1) (b) the authority is so satisfied, then the authority may serve a further notice on the tenant bringing the tenancy agreement to an end with immediate effect.

(3) Where a tenancy agreement has been duly terminated in accordance with this section, the housing authority is entitled to take possession of the dwelling without any further proceedings.

(4) In taking possession of the dwelling under this section, the housing authority shall, subject to subsection (6), secure the safe custody and delivery to the former tenant of any property found in the dwelling that does not belong to the authority, but, before that property is so delivered, the authority may require the former tenant to pay to it the reasonable cost of effecting such custody and delivery, including storage costs.

(5) If the former tenant has not arranged for the delivery by the housing authority to him or her of the property referred to in subsection (4) before the expiry of 2 months following the termination of the tenancy, the authority may, subject to subsection (6), dispose of the said property, and apply any proceeds in the following order of priority:

(a) firstly, towards any costs incurred by the authority in removing, storing and disposing of the property together with the costs associated with the application of the proceeds under this subsection;

(b) secondly, towards any legally enforceable prior claim under any other enactment in respect of the proceeds, or on any part of the proceeds that the authority is aware of or could, with due diligence in the circumstances and having regard to the amount of the proceeds involved, become aware of;

(d) fourthly, towards any other monies duly owed to and recoverable by the authority from the former tenant; and any sum remaining after such application of the proceeds shall be paid to the former tenant.

(6) Where a housing authority is satisfied that certain property held by it by virtue of subsection (4) is the property of a person other than the former tenant, it shall, unless it has reasonable grounds for believing that the property has been abandoned, take all reasonable steps in the circumstances to identify that person and offer to return that property to that person upon proving ownership, subject to the payment, at the discretion of the housing authority and where appropriate, of some or all of the cost of removing and storing such property.

16.. Application to court in respect of tenancy terminated under section 15

16.(1) Where a person—

(a) was, immediately before the termination of a tenancy, the tenant of a dwelling to which section 15 relates, and

(b) is aggrieved by the termination of that tenancy, then the person (in this section referred to as the “applicant”) may make application to the District Court in respect of the termination of the tenancy within 6 months after the date of that termination.

(2)Subsection (3) applies where, in proceedings under this section, it appears to the District Court—

(a) that the housing authority—

(i) had failed to comply with any provision of subsections (1) and (2) of section 15, or

(ii) did not have reasonable grounds for finding that—

(I) the dwelling was unoccupied by the applicant’s household, or

(II) the applicant’s household did not intend to occupy the dwelling as its normal place of residence,

(b) that the housing authority was in error in finding that the applicant’s household did not intend to occupy the dwelling as its normal place of residence, and that the applicant had reasonable cause, by reason of illness or otherwise, for failing to notify the housing authority of his or her household’s intention to so occupy it.

(3) Where this subsection applies, the District Court shall—

(a) if the dwelling has not been let to a new tenant and continues to be a dwelling to which this Part applies, grant a declaration that the notice under section 15(2) bringing the tenancy agreement to an end is of no effect, or

(b) in any other case, direct the housing authority to allocate another dwelling in respect of the applicant’s household that is suitable for his or her adequate housing, and that is located as near as practicable to the dwelling in which the tenancy was terminated under section 15.

17.. Death of tenant and recovery of possession in certain cases

17. (1) In the case of a dwelling where a tenancy has ended due to the death of the tenant and the dwelling is occupied by—

(a) a member of that tenant’s household who is not entitled to become a tenant of the dwelling as a consequence of that death, or

(b) by a person purporting to be a member of the tenant’s household, then the authority may apply to the District Court for a possession order under this section (in this section referred to as a “possession application”).

(2) A possession application shall set out the grounds for the application including, where the occupier of the dwelling applied to the authority to become the tenant of the dwelling, the basis upon which the application was refused including reference to the housing authority’s written policy in relation to succession to the tenancy of a deceased tenant.

(3) A housing authority shall, not less than 10 working days before the hearing by the District Court of a possession application under this section in respect of a dwelling, give to the person that the authority has reasonable grounds for believing to be the person occupying the dwelling, notice in writing—

(a) addressed to that person, or

(b) where the authority has a doubt about that person’s identity, addressed to the “occupier”,

of—

(i) the authority’s intention to make such an application,

(ii) the information to be included in the application, and

(iii) the date on which the authority intends to make the application.

(4) The grounds referred to in subsection (2) for a possession application may be provided by information on oath given by an officer or employee of the housing authority concerned duly authorised to give that information and, for the purposes of this section shall—

(a) form part of the possession application, and

(b) be served in accordance with subsection (3) on the person occupying the dwelling.

(5) Where the person in occupation does not, without due cause, appear at the hearing of the possession application under this section and subject to subsection (6), the District Court may, where it is satisfied that there is a prima facie case for doing so, grant an order in the terms sought by the authority.

(6) The District Court may, as it thinks fit, adjourn proceedings under this section for a period fixed by the Court, with or without imposing conditions as to the conduct of the person in occupation or of persons associated with the person in occupation.

(7) Without prejudice to subsection (5), the District Court shall make a possession order under this section in respect of the dwelling that is the subject of a possession application if it appears to the Court that—

(a) the housing authority has grounds for the recovery of possession,

(b) recovery of possession by the housing authority is a proportionate response to the occupation of the dwelling by the person concerned, and

(8) A possession order under this section has the effect of giving the housing authority the right to recover possession of the dwelling, which right may be specified not to come into effect before a date specified in the order, but a date so specified shall not be in respect of a date that is more than 6 months after the date the order is made.

(9) Where the District Court (or the Circuit Court on appeal) is satisfied that it is desirable, because of the nature or circumstances of the proceedings before it under this section or that it is otherwise in the interest of justice, the whole or any part of those proceedings may be heard otherwise than in public.

(10) The jurisdiction of the District Court in respect of an application under this section may be exercised by a judge of the District Court for the time being assigned to the District Court district where the dwelling in relation to which that application was made is situate.

(11) Where a judge of the District Court to whom subsection (10) relates is not immediately available, the jurisdiction of the District Court under that subsection may be exercised by any judge of the District Court.

(12) Nothing in the Landlord and Tenant Acts 1967 to 2008 or the Housing (Private Rented Dwellings) Acts 1982 and 1983 relating to the obtaining of possession of a dwelling or building or part thereof shall be deemed to affect this section.

18.. Part 2 and amendment of Principal Act

18.(1) Section 3 of the Principal Act is amended—

(a) in subsection (4) by substituting “, a notice mentioned in subsection (4) of section 117 of this Act or a notice mentioned in section 15 of the Housing (Miscellaneous Provisions) Act 2014,” for “or a notice mentioned in subsection (4) of section 117 of this Act”, and

(b) by inserting the following subsection after subsection (7):

“(8) In this section ‘notice’ includes a tenancy warning under section 7, 8 or 9 of the Housing (Miscellaneous Provisions) Act 2014 and—

(i) references (however expressed) in this section to the serving of a notice on a person includes the serving of any such tenancy warning to a person under the said section 7, 8 or 9, as the case may be, and

(ii) subsection (5) shall apply to a tenancy warning affixed on or near the dwelling concerned in a manner prescribed under the said section 7(4), 8(3) or 9(3), as the case may be.”

(2) Section 62 of the Principal Act is repealed.

19.. Part 2 and amendment of Act of 1997

19.(1) Section 1 of the Act of 1997 is amended—

(a) by inserting the following definition before the definition of “anti-social behaviour”:

“ ‘affordable house’ means an affordable house provided under Part V of the Planning and Development Act 2000 or Part 2 of the Housing (Miscellaneous Provisions) Act 2002 or an affordable dwelling purchased under affordable dwelling purchase arrangements under Part 5 of the Housing (Miscellaneous Provisions) Act 2009 as the case may be;”,

(b) by substituting the following for the definition of “excluding order”:

“ ‘excluding order’ has, where the context admits or requires, the meaning assigned to it by subsection (1) or (2) of section 3;”,

“ ‘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 the Planning and Development Act 2000 or 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;”,

and

(d) by substituting the following definition for the definition of “relevant purchaser”:

“ ‘relevant purchaser’ means (subject to section 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 in paragraph (a) of this definition in the house referred to in that paragraph;”.

(2) The Act of 1997 is amended by inserting the following section after section 1:

“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 in paragraph (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 under section 26 of the Landlord 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 the Housing (Miscellaneous Provisions) Act 2009 or 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’ in section 1—

(a) the reference in paragraph (a) of that definition to the Housing Acts 1966 to 2014, and

(b) paragraph (b) of that definition,

shall be construed accordingly.”

(3) Section 2 of the Act of 1997 is amended by substituting “ Part 2 of the Housing (Miscellaneous Provisions) Act 2014 ” for “section 62 of the Housing Act, 1966,” in both places where it occurs.

(4) Section 3 of the Act of 1997 is amended—

(a) by substituting the following subsection for subsection (2):

“(2) A housing authority may, in respect of a house referred to in subsection (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.”,

(b) by inserting the following subsection after subsection (2):

(2A) An application under subsection (1) or (2) may not be made against a person who is under 12 years of age.”,

and

“(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 in subparagraph (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 in subparagraph (i) unless specified conditions provided for by the order are complied with,

(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 in clause (I) unless specified conditions provided for by the order are complied with.”

(5) Section 3A of the Act of 1997 is amended—

(a) by substituting the following subsection for subsection (2):

“(2) A housing authority or an approved body may, in respect of a site provided by the housing authority or the approved body under the Housing 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.”,

(b) by inserting the following subsection after subsection (2):

“(2A) An application under subsection (1) or (2) may not be made against a person who is under 12 years of age.”,

and

“(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 in subparagraph (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 in subparagraph (i) unless specified conditions provided for by the order are complied with,

(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 in clause (I) unless specified conditions provided for by the order are complied with.”

(6) Section 4 of the Act of 1997 is amended by substituting the following subsection for subsection (1):

“(1) If, on the making of an application for an excluding order relating to a house or between the making of the application and its determination, the court is of the opinion that there are reasonable grounds for believing that, if the order is not made immediately, there is an immediate risk of significant harm to any person residing, working or otherwise lawfully in or in the vicinity of such house or of a housing estate in which such house is situate, the court may by order (in this Act referred to as an ‘interim excluding 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, until further order of the court or until such other time as the court shall specify—

(ii) from doing all or any of the things referred to in subparagraph (i) unless specified conditions are complied with,

but no interim excluding order in respect of a respondent to whom this paragraph relates shall be made ex parte by virtue of subsection (3),

(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—

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

but no interim excluding order in respect of a respondent to whom this paragraph relates shall be made ex parte by virtue of subsection (3),

(i) direct the respondent, if residing at the house in respect of which the application was made, to leave that house until further order of the court or until such other time as the court shall specify, 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 house in respect of which the application was made, prohibit the respondent—

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

(7) Section 5 of the Act of 1997 is amended by substituting the following subsection for subsection (1):

“(1) (a) A respondent who is under the age of 18 years and who contravenes an excluding order or an interim excluding order, as the case may be, commits an offence and is liable on summary conviction to a class D fine or, at the discretion of the court, to detention in a children detention school (as defined in section 3 of the Children Act 2001) for a period not exceeding 3 months, or to both.

(b) A respondent (other than a respondent to whom paragraph (a) relates) who contravenes an excluding order or an interim excluding order shall be guilty of an offence and shall be liable on summary conviction to a class B fine or, at the discretion of the court, to imprisonment for a term not exceeding 6 months, or to both.”

(8) Section 12 of the Act of 1997 is amended by deleting “, on complaint being made to him or her by the tenant or the housing authority,”.

(9) Section 14 of the Act of 1997 is amended by substituting the following subsection for subsection (1):

“(1) Notwithstanding anything contained in the Housing Acts 1966 to 2014, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority may—

(a) refuse to allocate, or defer the allocation of, a dwelling to which subsection (1) of the said section 22 refers, to a household where—

(i) the authority considers that any member of the household is or has been engaged in anti-social behaviour or that an allocation to that household would not be in the interest of good estate management, or

(ii) the household fails to provide information, including information relating to members residing together or proposing to reside together as part of the household, which is requested by the authority and which the authority considers necessary in connection with an allocation,

(b) refuse to permit a person, or defer permitting a person, to take up or resume residence or enter or be in a dwelling to which section 22(1)(a) of the said Act refers where—

(i) the authority considers that the person is or has been engaged in anti-social behaviour or that such permission would not be in the interest of good estate management, or

(ii) the tenant of the dwelling or the person concerned fails to provide information that is requested by the authority and which the authority considers necessary in connection with deciding whether to give, refuse or defer such permission.”

(10) The Act of 1997 is amended by substituting the following section for section 14A:

“Authorisation to occupy caravan on site

14A. Notwithstanding anything contained in the Housing Acts 1966 to 2014, a housing authority may refuse or defer an authorisation to a person to occupy a caravan on a site where—

(a) the authority considers that that person or a member of his or her household is or has been engaged in anti-social behaviour or that the occupation by that person or household member of a caravan on the site would not be in the interest of good estate management, or

(b) that person fails to provide information, including information relating to persons residing or to reside with that person, which is requested by the authority and which the authority considers necessary in respect of the application for such authorisation.”

(11) The Act of 1997 is amended by substituting the following section for section 18:

“Intimidation, etc.

18.

(1) A person commits an offence if he or she causes or attempts to cause any threat, intimidation or harassment, coerces, obstructs, impedes, or interferes with—

(a) an officer or employee of a housing authority in respect of the exercise of a function of the authority by such officer or employee, or

(b) a member of the family or household of such an officer or employee in contemplation or as a consequence of the exercise of functions of the housing authority by the officer or employee, or

(c) any person who provides or is to provide evidence in any proceedings under this Act or Part 2 of the Housing (Miscellaneous Provisions) Act 2014.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a class A fine or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both.”

(12) The Act of 1997 is amended by substituting the following section for section 21:

“Evidence

21.

Where, in any proceedings under section 3, 3A, 4 or 9 of this Act or Part 2 of the Housing (Miscellaneous Provisions) Act 2014, a member of An Garda Síochána or an officer or employee of a housing authority states that he or she believes that a person is or has been engaged in anti-social behaviour, then, if the Court is satisfied that there are reasonable grounds for such belief and that another person would be deterred or prevented by violence, threat or fear from providing evidence in that regard, the statement shall be evidence of such anti-social behaviour.”

20.. Part 2 and amendment of Act of 2009

20. The Act of 2009 is amended by inserting the following section after section 29:

“Revision of existing tenancy agreements

29A. (1) Where, by or under any provision of an Act (whether enacted before or after the passing of this Act), a term or condition of an existing tenancy agreement is affected or the need for a new term or condition arises by or under that provision, then, without prejudice to that provision duly having effect, the Minister may prescribe by regulations that a housing authority shall, in the interest of good estate management—

(a) revise the terms and conditions in a manner so prescribed, and

(b) give notice of that provision to the tenants concerned in a manner so prescribed.

(2) For the purposes of this section, regulations made under section 3 may—

(a) require the revision by housing authorities concerned of the terms and conditions in existing tenancy agreements—

(i) by substituting a prescribed term or condition for an affected term or condition,

(ii) by inserting a new term or condition, or

(iii) partly by so substituting and so inserting,

(b) require the re-issue of all or part of the terms and conditions of existing tenancy agreements to tenants concerned so as to take account of the matters referred to under paragraph (a), and

(c) prescribe the manner in which the tenants concerned are to be informed of the revision, which shall include writing to each tenant concerned and may include one or more of the following:

(i) by publication in a newspaper circulating within the administrative area of the housing authority concerned or, if a dwelling concerned is not situated in that area, in the area where it is situated;

(ii) by making it available on the Internet at the web address of the local authority concerned.”

PART 3 Purchase of Houses by Tenants

21.. Interpretation (Part 3)

21. In this Part—

“adjusted market value” means, in a case where the site on which a house was built was provided to the housing authority by the purchaser for a nominal sum, the market value of the house excluding an amount equal to the excess (if any) of the market value of the site over such sum;

“affordable house” means an affordable house provided under Part V of the Planning and Development Act 2000 or Part 2 of the Housing (Miscellaneous Provisions) Act 2002 or an affordable dwelling F2[purchased under an affordable dwelling purchase arrangement under Part 2 of the Affordable Housing Act 2021], as the case may be, and cognate words shall be construed accordingly;

“allocation scheme” has the meaning given to it by section 22 of the Act of 2009;

“charged period” has the meaning given to it by section 26;

“charged share” has the meaning given to it by section 26;

“charging order” has the meaning given to it by section 26;

“common areas, structures, works or services” means areas, structures, works and services that are, or are intended to be, common to dwellings and enjoyed therewith, including where relevant access and side roads, architectural features, circulation areas, footpaths, internal common stairways, open spaces, parking areas, utility rooms and that portion of the roof or exterior of any building not intended to form or not forming part of any individual dwelling;

“discount” has the meaning given to it by section 26;

“dwelling”, subject to section 22(3), includes—

(a) any building or part of a building, including a house, flat, apartment, maisonette or hostel occupied or intended for occupation as a normal place of residence, and

(b) any out-office, yard, garden or other land appurtenant thereto or usually enjoyed therewith;

“house”, other than in section 22(1), means a dwelling to which this Part applies;

“incremental release” has the meaning given to it by section 26;

“market value” means the price for which a house might reasonably be expected to be sold, on the open market, on the date concerned, in its existing state of repair and condition and not subject to the conditions specified in section 25(2) or to a charging order;

“material improvements” means improvements made to a house, with the prior written consent of the housing authority concerned, by one or both, as appropriate, of the tenant prior to purchase under this Part and the purchaser, whether such improvements were for the purposes of extending, enlarging, repairing or converting the house, but does not include—

(a) decoration, or

(b) any improvements otherwise carried out on the land, including the construction of a house;

“net adjusted market value” means the adjusted market value of a house reduced by an allowance equal to the amount of the market value attributable to material improvements;

“net market value” means the market value of a house reduced by an allowance equal to the amount of the market value attributable to material improvements;

“outstanding charged share” means the charged share, reduced by the sum of the incremental releases applied under section 26(3) (including any incremental releases paid by the purchaser under section 28);

“purchase money”, in relation to a house to which this Part applies, means the monetary value of the purchase price of the house, reduced by the discount;

“purchase price”, in relation to a house to which this Part applies, means the price of the house determined by a housing authority;

“purchaser” means a person who purchases a house under this Part and includes a person in whom there subsequently becomes vested (other than for valuable consideration) the interest of the purchaser or his or her successor in title and the personal representative of that person or successor in title;

“relevant market value” means the adjusted market value, the market value, the net adjusted market value or the net market value, as the case may be;

“rescheduling arrangements” means arrangements relating to payment of arrears of rent, rent contributions, charges, fees or any other moneys due and owing in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relates and includes arrangements referred to in section 34(2) of the Act of 2009;

“tenant” means any person to whom a housing authority has let a house under the Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000;

“transfer order” has the meaning given to it by section 25;

“vesting date” has the meaning given to it by section 25.

22.. Extent of application of Part 3 to certain houses

22.(1) Subject to subsections (2) and (3), this Part applies to a house provided by a housing authority under the Housing Acts 1966 to 2014 or provided under Part V of the Planning and Development Act 2000, other than an affordable house or a class of house prescribed under this Part as excluded from sale.

(2) A housing authority may sell an affordable house under this Part where the authority no longer requires the house for the purposes of affordable housing and the authority has allocated the dwelling to a household in accordance with an allocation scheme.

(3) The purchase of a house under this Part does not apply to—

(a) a separate and self-contained dwelling in a building that—

(i) is divided into a dwelling and one or more dwellings or other properties or both, and

(ii) requires arrangements for the regular upkeep and management of all or any part of the common areas, structures, works or services other than by a person who could, but for this subsection, be the purchaser,

(b) a house that may be sold under Part 3 of the Act of 2009 during the period of 5 years commencing on the date of allocation of the dwelling under an allocation scheme to an eligible household within the meaning of that Part.

23.. Disqualifications from purchase

23.(1) A housing authority shall not proceed with the sale of a house under this Part to a tenant where—

(a) (i) at any time during the 3 years immediately before applying to the authority to purchase a house under this Part, the tenant or a member of his or her household was in arrears of rent, rent contributions, charges, fees or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relates, and

(ii) subject to subsection (2), the tenant or the household member concerned has not entered into rescheduling arrangements with the housing authority or approved body concerned for the payment of such arrears, or, having entered into such arrangements, has not, in the opinion of the authority or body, substantially complied with their terms,

(b) the tenant had previously purchased a dwelling under section 90 of the Principal Act, Part 3 or 4 of the Act of 2009 or this Part.

(2) In applying subsection (1) (a)(ii), a housing authority shall disregard the case where the authority or the approved body concerned is satisfied that the failure of the tenant or household member concerned to substantially comply with the terms of the rescheduling arrangements was due to circumstances outside the control of such tenant or household member.

24.. Calculation of tenant’s income

24.(1) In this section—

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“civil partner” means each person in a civil partnership or legal relationship to which section 3 of the Act of 2010 relates and who are living together;

“cohabitant” means a cohabitant within the meaning of section 172(1) of the Act of 2010;

“reckonable income” shall be construed in accordance with subsections (3) and (4);

“spouse” means each person of a married couple who are living together.

(2) In calculating the annual income of a tenant who has applied to purchase a house under this Part, a housing authority—

(a) shall include the reckonable income of all tenants of that house, and

(b) where a tenant has a spouse, civil partner or cohabitant, shall include in the calculation the reckonable income of the spouse or civil partner of the tenant resident in the dwelling or of any cohabitant of the tenant resident in the dwelling.

(3) The Minister may from time to time issue directions in writing to housing authorities or to a class of housing authorities concerning the manner in which each authority shall determine reckonable income for the purposes of this Part.

(4) Directions issued under subsection (3) may specify—

(a) the sources and classes of income that a housing authority shall include in determining reckonable income and the sources and classes of income that a housing authority shall disregard in so determining,

(b) whether a housing authority shall deduct from gross income any specified payments by a tenant and, where applicable, by a person to whom subsection (2) (b) relates, that relate to income, and such specified payments may include—

(i) income tax,

(ii) universal social charge under Part 18D of the Taxes Consolidation Act 1997, and

(iii) contributions within the meaning of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996),

and

(c) the information and particulars to be provided by a tenant to enable reckonable income to be calculated and verified.

(5) A housing authority to which directions have issued under this section shall comply with those directions.

(6) Without prejudice to subsection (7), whenever the Minister gives directions under this section, he or she shall publish the directions or cause them to be published in such manner as he or she considers appropriate in the circumstances.

(7) A housing authority shall make available for inspection by members of the public, without charge, on the Internet and at its principal office and such other places as it considers appropriate, during normal working hours, a copy of any directions issued to it under this section.

25.. Sale of house to tenant

25.(1) Subject to this Part and the other provisions of Housing Acts 1966 to 2014 and in accordance with such regulations as may be made under section 30, a housing authority may, in consideration of the receipt by the authority of the purchase money, sell a house to which this Part applies, in the state of repair and condition existing on the date of sale, to the tenant of the house, by means of an order (in this Part referred to as a “transfer order”) in the prescribed form, which shall be expressed and shall operate to vest, on the date specified in the order (in this Part referred to as the “vesting date”), the interest specified in that order, in accordance with the terms and conditions specified in subsection (2) (which terms and conditions shall apply during the charged period) and the terms and conditions of a charging order.

(2) The terms and conditions referred to in subsection (1) shall include the following:

(a) that the house shall, unless the housing authority gives its prior written consent, be occupied as the normal place of residence of the purchaser or a member of the purchaser’s household;

(b) that the house or any part of it shall not, without the prior written consent of the housing authority be sold, assigned, let or sublet or otherwise disposed of or mortgaged, charged or alienated, otherwise than by devise or operation of law;

(d) the purchaser shall not cause any nuisance or allow any person residing in the house to cause any nuisance or be guilty of, or permit, any conduct likely to cause annoyance or disturbance to his or her neighbours and, without prejudice to the generality of the foregoing, shall not engage in, or allow any person residing in the house to engage in, anti-social behaviour;

(e) the purchaser shall not knowingly permit a person, against whom an excluding order under section 3 of the Act of 1997 or an interim excluding order under section 4 of that Act is in force in respect of the house, to enter the house in breach of the excluding order or interim excluding order, as the case may be;

(f) terms and conditions relating to—

(i) maintenance of the house by the purchaser, and

(ii) the provision and maintenance of adequate property insurance by the purchaser in respect of the house;

(g) such other terms and conditions relating to the sale of the house as may be prescribed for the purposes of a transfer order.

(3) Save as provided for by any other enactment or regulations made thereunder, the sale of a house under this Part to a tenant does not imply any warranty on the part of the housing authority in relation to the state of repair or conditions of the house or its fitness for human habitation.

(4) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 do not apply to the sale of a house under this Part.

26.. Charging order

26.(1) As soon as practicable after a house is sold under this Part, the housing authority shall, subject to such regulations as may be made under section 30, make an order (in this Part referred to as a “charging order”) in the prescribed form, charging the house in the terms specified in this section for the period specified in the order (in this Part referred to as the “charged period”), which period may be reduced in accordance with section 28.

(2) The charging order shall create a charge in favour of the housing authority in respect of an undivided percentage share (in this Part referred to as the “charged share”) in the house equivalent to the percentage (referred to in this Part as the “discount”) by which the purchase price of the house was reduced for the purposes of calculating the purchase money payable by the purchaser.

(3) (a) Subject to paragraph (b), the charged share shall be reduced annually by a proportion equivalent to 2 per cent of the total equity in the house (which proportion is referred to in this section as an “incremental release”), on the anniversary of the vesting date, in respect of each complete year after that date during which the terms and conditions of the transfer order and the charging order have been complied with, until whichever of the following first occurs—

(i) subject to section 29, the first resale of the house,

(ii) the payment by the purchaser to the housing authority of the full amount of the outstanding charge in accordance with section 28(1)(a),

(iii) in the case where a payment has been made to the housing authority under section 28(1)(b), the application of an incremental release under the charging order that reduces the outstanding charged share to zero, or

(iv) subject to section 27, the expiration of the charged period.

(b) The reduction of the charged share for the period of 5 years from the vesting date shall be cumulative and shall not apply until the expiration of that period, but if during that period the terms and conditions of the transfer order and the charging order have not been complied with by the purchaser in any of those years, then the reduction of the charged share for that period shall not take into account a reduction otherwise due in respect of any years for which there has not been such compliance.

(c) Where under paragraph (b) the reduction of the charged share for the period concerned is not to be taken into account, then the housing authority shall, as soon as practicable thereafter, notify the purchaser in writing of that fact and the reasons why it is not being taken into account.

(4) The housing authority shall, at any time where requested by the purchaser, give a statement in writing, in the prescribed form, to the purchaser indicating, in respect of the charge in the house—

(a) the charged share specified in the charging order,

(b) the accumulated per cent of incremental releases that have been applied to the charged share under this section, including incremental releases applied under section 28(1)(b),

(c) the accumulated per cent of incremental releases in respect of the charged share that have been suspended under section 27,

(d) the outstanding charged share, and

(e) the remaining duration of the charged period.

(5) A charging order shall be deemed to be a legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009 and to have been executed, on the vesting date for the house, in favour of the housing authority for a charge in the terms provided for in this section.

(6) Accordingly, the housing authority shall, as on and from the making of the charging order—

(a) be deemed to be a mortgagee of the house for the purposes of Part 10 of the Land and Conveyancing Law Reform Act 2009, and

(b) have, in relation to the charge referred to in subsection (5), all the powers conferred by that Act on mortgagees under mortgages made by deed.

(7) Where a housing authority makes a charging order, it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the charge in respect of which the order is being registered to state that charge to be the charge referred to in section 26(2).

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

(9) A housing authority may, subject to subsection (10), enter into an agreement with a holder of a licence under the Central Bank Act 1971, a building society or other financial institution that a charge proposed to be created by it by a charging order shall have a priority, as against a mortgage or charge proposed to be created in favour of that holder, society or institution, that is different from the priority the charge would otherwise have if this subsection had not been enacted.

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Housing (Miscellaneous Provisions) Act 2014

PART 1 Preliminary and General

1.. Short title, collective citation and construction

2.. Commencement

3.. Definitions (generally)

4.. Regulations

5.. Expenses of Minister

PART 2 Termination of Local Authority Tenancies, etc.

6.. Interpretation (Part 2)

7.. Tenancy warning relating to anti-social behaviour, etc.

8.. Tenancy warning relating to rent arrears

9.. Tenancy warning relating to other tenancy breach

10.. Review of tenancy warning

11.. Day that tenancy warning comes into effect

12.. Proceedings for possession of local authority dwelling

13.. Proceedings for possession against person in occupation of local authority dwelling

14.. Abandoned local authority dwellings

15.. Repossession of abandoned dwellings

16.. Application to court in respect of tenancy terminated under section 15

17.. Death of tenant and recovery of possession in certain cases

18.. Part 2 and amendment of Principal Act

19.. Part 2 and amendment of Act of 1997

20.. Part 2 and amendment of Act of 2009

PART 3 Purchase of Houses by Tenants

21.. Interpretation (Part 3)

22.. Extent of application of Part 3 to certain houses

23.. Disqualifications from purchase

24.. Calculation of tenant’s income

25.. Sale of house to tenant

26.. Charging order