Housing (Miscellaneous Provisions) Act 2014

• “(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—

    • (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 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—

    • (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,

    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),

  • (c) in any other case—

    • (i) direct the respondent, if residing at the house in respect of which the application was made, to leave that house 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—

      • (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.”

• (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,

    or

  • (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.

1. (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—

2. (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

3. (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

4. (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.

5. (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

1. 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,

or

• (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;

• (c) terms and conditions relating to the resale of the house under section 29 ;

• (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.

• (10) A housing authority may only enter into an agreement referred to in subsection (9) if it considers that the agreement will—

• (a) enable a tenant to whom it is proposing to sell a house under this Part to obtain an advance of moneys from the holder, society or institution referred to in subsection (9) for the purposes of purchasing the house, or

• (b) enable a purchaser—

• (i) to refinance an existing advance of moneys from the holder, society or institution referred to in subsection (9), or

• (ii) to obtain a further advance of moneys from the holder, society or institution referred to in subsection (9) for any purpose.

• (11) Any amount that becomes payable to a housing authority under section 27 or 29, as the case may be, may, without prejudice to any other power in that behalf, be recovered by the authority from the person concerned as a simple contract debt in any court of competent jurisdiction.

• (12) For the avoidance of doubt, neither a charging order nor a charge that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976 or section 28 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

• (13)
• (a) On the occurrence of the earlier of the events specified in subsection (3) (a) and subject to the terms and conditions of the transfer order and the charging order having been complied with, the housing authority shall, where requested to do so by the purchaser, execute a deed of discharge in respect of the charging order.

• (b) The housing authority shall be liable for any expenses incurred in the execution and registration of a deed of discharge but shall not otherwise be liable for any expenses incurred by a purchaser under this section or under section 27, 28 or 29.

27. Suspension of incremental release

27. (1) Except where otherwise provided for by section 26(3)(b) in respect of the period of 5 years from the vesting date, a housing authority may suspend an incremental release provided for under section 26 in respect of any year ending on the anniversary of the vesting date, where the purchaser fails to comply with any of the terms and conditions of the transfer order or the charging order.

• (2) Where a housing authority has suspended an incremental release under subsection (1) —

• (a) the housing authority shall, as soon as practicable thereafter, notify the purchaser in writing of the suspension and the reasons for the suspension, and

• (b) subject to section 28, the housing authority shall, on the expiration of the charged period, give a statement to the purchaser in writing, in the prescribed form, indicating the amount representing the value of the outstanding charged share in the house on the date of expiration of the charged period, calculated by applying that share to the relevant market value of the house on the date of the expiration of the charged period.

• (3) The purchaser shall, within 2 months of receipt of the statement referred to in subsection (2), pay to the housing authority the amount set out in the statement.

• (4) Where the purchaser fails to pay the amount referred to in subsection (3) within the period referred to in that subsection, then, section 26(11) applies in respect of the amount concerned.

• (5) For the purposes of this section, the relevant market value of a house shall be determined by the housing authority or, where the purchaser does not agree with the relevant market value so determined, by an independent valuer nominated by the purchaser from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 30.

28. Payment during charged period in respect of charged share or incremental release

28. (1) A purchaser may, on the fifth or any subsequent anniversary of the vesting date during the charged period and with the consent of the housing authority—

• (a) pay to the housing authority, on the anniversary date or within such period as the housing authority may specify, the value of the outstanding charged share in the house on any such anniversary date (including an incremental release suspended by the authority under section 27(1)), which value is calculated by applying that share to the relevant market value of the house on that day,

• (b) subject to subsection (2), pay to the housing authority an amount, being the value on any such anniversary date of one or more than one incremental release (other than an incremental release suspended by the authority under section 27(1)) in respect of the charged share of the housing authority in the house, and where the value of one incremental release is calculated as 2 per cent of the relevant market value of the house on the anniversary date concerned.

• (2) A payment by a purchaser under subsection (1) (b) shall relate to a number of incremental releases that is equal to or a multiple of one.

• (3) Where a purchaser makes a payment to the housing authority under subsection (1) (b), then—

• (a) for the purpose of calculating the outstanding charged share in the house, an incremental release paid under this section shall be treated as if it has been applied to the charged share on the date concerned, and

• (b) the charged period shall be reduced by the number of years equivalent to the number of incremental releases to which the payment relates.

• (4) For the purposes of this section, the relevant market value of a house shall be determined by the housing authority or, where the vendor does not agree with the relevant market value so determined, by an independent valuer nominated by the vendor from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 30.

29. Control on resale of house

29. (1) Where a purchaser proposes to sell a house during the charged period, he or she shall give prior written notice to the housing authority in accordance with the terms and conditions specified in the transfer order.

• (2) Upon receipt of a notice referred to in subsection (1), the housing authority may purchase the house for a sum equivalent to the value of the uncharged share in the house, which is calculated by reducing the market value of the house on the date of resale by the outstanding charged share in the house on that date.

• (3) Without prejudice to any other power in that behalf, a housing authority may refuse to consent to the sale to any person of the house during the charged period where the authority wishes to purchase the house in accordance with subsection (2) or the authority is of the opinion that—

• (a) the proposed sale price is less than the market value,

• (b) the said person is or was engaged in anti-social behaviour or the sale would not be in the interest of good estate management (within the meaning of section 1 of the Act of 1997), or

• (c) the intended sale would, if completed, leave the vendor or any person who might reasonably be expected to reside with him or her without adequate housing.

• (4) Where a purchaser resells a house to a person other than a housing authority during the charged period, the purchaser shall pay to the housing authority concerned the value of the outstanding charged share in the house on the date of resale of the house, which amount is calculated by applying that share to the relevant market value of the house on that date.

• (5) Where the amount payable under any of the provisions of this section would reduce the proceeds of the sale (disregarding solicitor and estate agent’s costs and fees) below the purchase money, the amount payable under the charging order shall be reduced to the extent necessary to avoid that result.

• (6)
• (a) Subject to paragraph (b), where a purchaser resells a house which is subject to a charging order the charged period of which has expired and in respect of which the amount referred to in section 27(2) has not been paid in accordance with that section, section 26(11) applies.

• (b) No account shall be taken of any material improvements made to the house after the expiration of the charged period.

• (7) For the purposes of this section, the market value or the relevant market value of a house shall be determined by the housing authority or, where the vendor does not agree with the market value or the relevant market value so determined, by an independent valuer nominated by the vendor from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 30.

• (8) The housing authority shall not be liable for any expenses incurred by a vendor under subsection (7).

30. Regulations (Part 3)

30. The Minister may make regulations in relation to all or any one or more of the following:

• (a) the class or classes of house excluded from sale under this Part;

• (b) for the purposes of making an application to purchase a house under this Part, the minimum period for which a person is required to be in receipt of social housing support under Chapter 3 of Part 2 of the Act of 2009, which period may differ according to the form of social housing support involved but shall not in any case be less than one year before the date of the making of such application;

• (c) the class or classes of tenants with whom incremental purchase arrangements may be entered into;

• (d) the minimum amount of annual income that a tenant is required to have in order to apply to purchase a house under this Part;

• (e) the method for determining the purchase price of a house, which method may—

• (i) differentiate between classes of houses,

• (ii) take account of the age of the house and the estimated cost to the housing authority of providing, in accordance with prevailing national building standards and design policies for local authority housing, a house on the same site designed to accommodate a household in the same class that the house being purchased was designed for,

and any such method of determination of such estimated cost shall include, among other matters, the cost of site acquisition, legal and other professional fees;

• (f) the method for determining the discount that is to be deducted from the purchase price for the purposes of calculating the purchase money, which method shall take account of the annual income of tenants to whom houses are sold under this Part;

• (g) the period for which a charging order shall apply in respect of a house sold under an incremental purchase arrangement under this Part, which period may vary depending on the discount deducted from the purchase price for the purposes of calculating the purchase money but shall not, in any case, be less than 20 years from the vesting date;

• (h) the form and manner of, and terms and conditions to be specified in, a transfer order and a charging order;

• (i) the class or classes or description of persons who are suitably qualified by reference to their qualifications and experience to determine the market value or relevant market value of a dwelling or site, as the case may be, for the purposes of this Part;

• (j) the form of the statement for the purposes of sections 26(4) and 27(2)(b);

• (k) any such other matters as the Minister considers necessary and appropriate relating to incremental purchase arrangements.

31. Part 3 and amendment of Principal Act

31. The Principal Act is amended in section 90—

• (a) by deleting subsections (1)(a)(i), (2), (3), (4A) and (6A), and

• (b) in subsection (7), by deleting paragraphs (a), (b) and (c) and by substituting the following for paragraph (l):

• “(l) in the case of a sale under this section, the obtaining of the consent of the Minister to the sale;”.

32. Part 3 and amendment of Act of 1992

32. The Act of 1992 is amended by deleting section 26(2).

33. Part 3 and amendment of Act of 1997

33. The Act of 1997 is amended in section 14(2) —

• (a) by deleting “or” at the end of paragraphs (b) and (c), inserting “or” at the end of paragraph (d) and inserting the following after paragraph (d):

• “(e) Part 3 of the Housing (Miscellaneous Provisions) Act 2014,”,

and

• (b) by deleting “or” at the end of paragraph (iii), inserting “or” at the end of paragraph (iv) and inserting the following after paragraph (iv):

• “(v) in the case of Part 3 of the Housing (Miscellaneous Provisions) Act 2014, a tenant,”.

34. Part 3 and amendment of Act of 2009

34. The Act of 2009 is amended—

• (a) in section 10(a) by substituting the following for subparagraph (iv):

• “(iv) the sale, or consent to the sale, of a dwelling under section 90(1)(b) of the Principal Act to a person other than another housing authority;”,

• (b) in section 13—

• (i) by substituting in paragraph (a) “, Part 3 or 4 of this Act or Part 3 of the Housing (Miscellaneous Provisions) Act 2014 ” for “or Part 3 or 4”,

• (ii) by inserting in paragraph (b) “or section 29 of the Housing (Miscellaneous Provisions) Act 2014 ” after “section 48 or 76”, and

• (iii) by inserting in paragraph (d) “or section 27 of the Housing (Miscellaneous Provisions) Act 2014 ” after “section 47 or 75”,

• (c) in section 19(2) by substituting the following for paragraph (c):

• “(c) the sale of a dwelling under section 90 of the Principal Act or Part 3 or 4, or the sale of a house under Part 3 of the Housing (Miscellaneous Provisions) Act 2014;”,

• (d) in section 20 by substituting the following for subsection (5):

• “(5)

  • (a) Subject to paragraph (b), a household shall not be eligible for social housing support where—

    • (i) at any time during the 3 years immediately before the carrying out of the social housing assessment, the household or a member of his or her household was in arrears of rent, rent contributions, charges, fees or loan repayments 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) the household or the 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 failure of a household or household member to substantially comply with the terms of rescheduling arrangements shall be disregarded in any case where the housing authority or approved body concerned is satisfied that the failure was due to circumstances outside the control of such household or household member.”,

• (e) in section 28(4)(e) by substituting “, Part 3 or 4 of this Act or Part 3 of the Housing (Miscellaneous Provisions) Act 2014 ” for “or Part 3 or 4”,

• (f) in section 32(6) by deleting “or” in subparagraph (ii) and inserting the following after subparagraph (ii):

• “(iia) the purchase of a house under Part 3 of the Housing (Miscellaneous Provisions) Act 2014, or”,

• (g) in section 43(1) by substituting the following for paragraph (a) in the definition of “eligible household”:

• “(a) a household assessed by a housing authority under section 20 as being qualified for social housing support, which has been allocated a dwelling to which this Part applies in accordance with an allocation scheme, and which applies to purchase the dwelling under this Part within 5 years from the date of such allocation, or”,

• (h) in section 43 by substituting the following for subsection (2):

• “(2)

  • (a) A housing authority shall not proceed with the sale of a dwelling under an incremental purchase arrangement to a household referred to in paragraph (b) of the definition of ‘eligible household’ in subsection (1) where—

    • (i) at any time during the 3 years immediately before applying to the authority to purchase a dwelling under this Part, the household or a household member 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 paragraph (b), the household or the 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) In applying paragraph (a)(ii), a housing authority shall disregard the case where the authority or approved body concerned is satisfied that the failure of the household or the member concerned to substantially comply with the terms of the rescheduling arrangements was due to circumstances outside the control of such household or member.”,

• (i) in section 45(2) by deleting paragraph (d),

• (j) in section 64(9) by substituting the following for paragraph (a):

• “(a) where—

  • (i) at any time during the 3 years immediately before applying to the authority to purchase an apartment 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 for an accumulated period of 12 weeks or more to a housing authority or an approved body 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 (9A), the tenant or the household member 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,”,

and

• (k) in section 64 by inserting the following subsection after subsection (9):

• “(9A) In applying subsection (9)(a)(ii), a housing authority shall disregard the case where the authority or approved body concerned is satisfied that the failure of the tenant or the 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.”

PART 4 Housing Assistance

35. Interpretation (Part 4)

35. In this Part—

“housing assistance” means the payment by a housing authority of rent for a dwelling to a landlord on behalf of a qualified household in accordance with this Part;

“landlord” means the person for the time being entitled to receive, otherwise than as agent for another person, the rent payable under a tenancy in a dwelling in respect of which housing assistance is provided;

“overcrowding” has the meaning given in section 63 of the Principal Act;

“public service card” has the same meaning as it has in section 263 of the Social Welfare Consolidation Act 2005;

“qualified household” means a household qualified for social housing support in accordance with section 20 of the Act of 2009, in respect of whom housing assistance under this Part is an appropriate form of social housing support;

“rent contribution” means the payment to the housing authority by a tenant who is a member of a qualified household of a contribution in respect of the rent for a dwelling paid by the authority to a landlord on behalf of the tenant’s household;

“social housing support” shall be read in accordance with section 19 of the Act of 2009;

“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and includes a subtenancy, and cognate words shall be read accordingly.

36. Restriction on application of Residential Tenancies Act 2004

36. Except in the case of a dwelling to which section 47 relates, a dwelling in respect of which housing assistance is provided under this Part shall not be construed as a dwelling let by or to a public authority for the purposes of section 3(2)(c) of the Residential Tenancies Act 2004.

37. Housing assistance under Part 4 and social housing support under Act of 2009

37. Subject to regulations made for the purposes of subsection (4)(f) of section 20 of the Act of 2009, the provision of housing assistance under this Part shall be deemed to be an appropriate form of social housing support for a household that is determined by a housing authority under the said section 20 to be qualified for such support.

38. Sharing of dwelling by more than one household

38. A qualified household belonging to a class of households prescribed for the purposes of this section may qualify for housing assistance in respect of a dwelling shared with one or more than one person who is not a member of the household, but only if such an arrangement does not result in overcrowding in the dwelling.

39. Housing assistance

39. (1) A housing authority may, subject to subsection (3), provide housing assistance to a qualified household in accordance with this Part.

• (2) In order for housing assistance to be provided under this Part to a qualified household in respect of a dwelling—

• (a) that household shall source the dwelling in respect of which it seeks housing assistance,

• (b) the dwelling concerned shall meet the conditions set down in section 41 ,

• (c) the landlord shall comply with the conditions set down in section 42 ,

• (d) the member of the qualified household who is the tenant of the dwelling occupied by that household shall pay a rent contribution to the housing authority in accordance with section 44 , and

• (e) the housing authority shall be satisfied that the tenancy concerned is or would be a tenancy in good faith.

• (3) In providing housing assistance to a qualified household in accordance with subsection (1), a housing authority shall ensure that, in respect of the financial year concerned, the aggregate of the authority’s payments of such assistance does not exceed the moneys made available to the authority for that purpose in that year from the Vote for Environment, Community and Local Government in the Estimates for Public Services (within the meaning of section 17(1) (inserted by the Ministers and Secretaries (Amendment) Act 2013) of the Ministers and Secretaries (Amendment) Act 2011).

40. Housing authority not liable for rent due to landlord

40. The payment by a housing authority of housing assistance to a landlord or his or her agent does not imply any liability on the part of the housing authority for rent due to the landlord or in respect of any other tenant obligation under the tenancy concerned.

41. Requirements in relation to dwelling

41. (1) Except where otherwise provided for by this section, it is a condition of the provision of housing assistance to a household in respect of a dwelling that the housing authority concerned is satisfied that the dwelling complies with standards prescribed under section 18 of the Act of 1992.

• (2)
• (a) The condition referred to in subsection (1) shall be deemed to be met if the housing authority, within a prescribed period prior to the date on which the household notifies the authority of the dwelling in respect of which housing assistance is sought, inspected the dwelling and was satisfied that the dwelling complied with that condition.

• (b) (i) In a case where paragraph (a) does not apply, then the housing authority—

• (I) shall, within a prescribed period after the date when housing assistance commences, arrange to inspect the dwelling for the purpose of satisfying the authority that the dwelling complies with the condition referred to in subsection (1), and

• (II) may provide housing assistance in respect of the dwelling concerned until the dwelling is so inspected,

and the authority shall notify the qualified household accordingly.

• (ii) In this paragraph the reference to assistance commencing means the commencement date of the period in respect of which the housing authority made the first payment of rent under this Part to the landlord of the dwelling.

• (c) A housing authority may provide housing assistance in respect of a dwelling the subject of a subsisting improvement notice given under section 18A of the Act of 1992 and shall notify the qualified household accordingly.

• (d) (i) A dwelling the subject of proceedings under section 18B of the Act of 1992 or in respect of which a prohibition notice under that section is in force shall not be, or shall cease to be, eligible for housing assistance.

• (ii) Notwithstanding subparagraph (i), where a household is residing in the dwelling in respect of which a prohibition notice under section 18B of the Act of 1992 is in force, the housing authority may provide, or continue to provide, housing assistance in respect of the dwelling for a period prescribed under this subparagraph for the purposes of enabling the qualified household to find an alternative dwelling.

• (iii) Where subparagraph (ii) applies, the housing authority shall notify the qualified household of the prescribed period under that subparagraph for which housing assistance is being provided in respect of the dwelling concerned.

• (3)
• (a) Where a housing authority determines that a dwelling in respect of which housing assistance is sought, or which is the subject of housing assistance, does not meet, or no longer meets, the accommodation needs of a qualified household due to overcrowding, then the dwelling shall not be, or shall cease to be, eligible for housing assistance.

• (b) In a case where paragraph (a) applies and the household is residing in the dwelling, the housing authority may provide, or continue to provide, housing assistance in respect of the dwelling for a period prescribed under this paragraph for the purposes of enabling the qualified household to find an alternative dwelling.

• (c) Where paragraph (b) applies, the housing authority shall notify the qualified household of the prescribed period under that paragraph for which housing assistance is being provided in respect of the dwelling concerned.

• (4)
• (a) Subject to paragraph (b), a housing authority may designate—

• (i) an area specified by the Minister as being an area of regeneration for the purpose of providing for greater social integration,

• (ii) an area specified by the authority as an area where there is a need to counteract or avoid undue segregation in housing between people of different social backgrounds,

and a dwelling located in such an area so specified that was not the subject of housing assistance on the date the designation was made shall not be eligible for housing assistance.

• (b) Where the number of local government electors for the time being in an area referred to in paragraph (a)(ii) exceeds a prescribed number, the designation of that area under that paragraph shall be subject to the consent of the Minister, who may direct the authority to amend the designation in a manner that he or she may direct.

• (c) In paragraph (b) “local government elector” means a person entitled to vote at a local election under Part 4 of the Local Government Act 2001.

42. Requirements in relation to landlord

42. (1) In this section “tax reference number” means—

• (a) in relation to an individual, that individual’s personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005), or

• (b) in relation to a body corporate—

• (i) the reference number stated on any return of income form or notice of assessment issued to that body corporate by an officer of the Revenue Commissioners, or

• (ii) the registration number of the body corporate for the purposes of the Value-Added Tax Acts.

• (2) Housing assistance shall not be provided by a housing authority in respect of a dwelling unless the landlord of the dwelling, on request by the authority, supplies in writing to the authority—

• (a) where he or she has not produced to the authority his or her public service card under subsection (5), his or her tax reference number, and

• (b) subject to subsection (3), a current tax clearance certificate issued to him or her under section 1095 of the Taxes Consolidation Act 1997.

• (3)
• (a) Subject to subsection (6), where the condition in subsection (2) (b) is not met and housing assistance is not being provided in respect of another dwelling owned by the landlord concerned, the housing authority may provide housing assistance in respect of the dwelling concerned by virtue of this subsection—

• (i) pending the landlord supplying the certificate concerned to the authority,

• (ii) until a further payment by the housing authority of housing assistance falls due which, if paid, would result in total payments by the authority to the landlord in any period of 12 months exceeding a prescribed amount, or

• (iii) until the period prescribed for the purpose of this subparagraph expires,

whichever of those events first occurs.

• (b) In the case where paragraph (a) applies, the housing authority shall notify the qualified household of the circumstances in which housing assistance is being provided and subsequently of the occurrence of the earlier of the events set out in that paragraph.

• (4) Where an event referred to in paragraph (ii) or (iii) of subsection (3)(a) occurs, then, subject to subsection (6) —

• (a) the dwelling concerned shall cease to be eligible for housing assistance but the housing authority may continue to provide housing assistance in respect of the dwelling under the scheme for a prescribed period for the purposes of enabling the qualified household to find another dwelling, and

• (b) the housing authority shall notify the qualified household accordingly.

• (5) A landlord of a dwelling in respect of which housing assistance is being paid or sought under this Part shall, on request by the housing authority concerned—

• (a) where a public services card has been issued to the landlord, produce it to the authority,

• (b) provide such information as the authority may require from time to time for the purposes of determining whether housing assistance is payable, or continues to be payable, in the case.

• (6) The Minister may prescribe the circumstances in which housing assistance may, pending the supply of a relevant tax clearance certificate, continue to be paid or be paid where—

• (a) there has been a transfer of any interest in the dwelling concerned resulting in a person becoming a landlord for the purposes of the payment of housing assistance in respect of that dwelling, and

• (b) there is pending the supply of a tax clearance certificate by such person to any housing authority in respect of one or more other dwellings (whether as part of such transfer or otherwise) for which he or she is also a landlord, and, where the Minister has not prescribed for circumstances to which this subsection would relate then, where appropriate so to do in respect of those circumstances, regulations made for the purposes of this subsection or subsection (4) shall be applied by the housing authority concerned with any necessary modifications.

43. Housing assistance payments

43. (1) Housing assistance shall be provided in the form of monthly payments by the housing authority to the landlord or his or her agent by electronic means, except where the authority agrees to an alternative arrangement in a particular case.

• (2)
• (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform and having regard to the circumstances and the location of the dwelling the subject of housing assistance, prescribe the maximum amount of rent in respect of which housing assistance may be provided for specified classes of qualified households.

• (b) The Minister may determine the maximum amount of rent in respect of which housing assistance may be provided for classes of qualified household, other than classes prescribed under paragraph (a), having regard to the circumstances and the location of the dwelling the subject of housing assistance.

• (c) Where, following the making of regulations under paragraph (a), the maximum amount of rent in respect of which housing assistance is provided in a particular case is reduced to an amount less than the amount of rent payable under a tenancy, the housing authority shall as soon as practicable inform the member of the qualified household concerned who is the tenant of the dwelling and advise him or her to request the landlord to reduce the amount of rent payable under the tenancy accordingly.

• (d) In a case referred to in paragraph (c) where the rent payable under the tenancy is not reduced to, or below, the maximum rent in respect of which housing assistance will be provided in respect of the qualified household concerned, then—

• (i) where it is economically advantageous to do so or for the purpose of avoiding undue hardship for the qualified household concerned, the housing authority concerned may, continue to provide housing assistance in respect of the maximum amount of rent applicable prior to the making of the regulations until the expiry of the tenancy,

• (ii) in a case other than that set out in subparagraph (i), the housing authority may provide housing assistance in respect of the rent payable under the tenancy for a period prescribed under this subparagraph for the purposes of enabling the qualified household to find another dwelling, whereupon it shall cease to provide housing assistance in respect of the dwelling, and

• (iii) in either case, the housing authority shall notify the qualified household of the circumstances in which housing assistance continues to be provided.

44. Payment of rent contribution by qualified household

44. (1) The member of a qualified household who is the tenant of the dwelling the subject of housing assistance shall pay a rent contribution to the housing authority concerned, determined in accordance with section 31 of the Act of 2009, in respect of the household’s occupation of that dwelling.

• (2) The Minister may, for the purposes of this section, prescribe the manner in which a tenant shall pay, or have paid on his or her behalf, a rent contribution to the housing authority.

45. Ineligibility for housing assistance, etc.

45. (1) In this section “a specified form of social housing support” means social housing support of a kind referred to in paragraph (a), (b) or (d) of section 19(2) of the Act of 2009.

• (2) Subsection (3) applies to a qualified household in receipt of housing assistance that has applied to the housing authority to transfer to a specified form of social housing support.

• (3) Where a household to which this subsection applies refuses a prescribed number of reasonable offers of a specified form of social housing support in any continuous period that is prescribed, then—

• (a) the authority concerned shall not consider that household’s request for a transfer for a prescribed period after the last refusal during the continuous period so prescribed, and

• (b) that prescribed period shall not subsequently be reckonable in any way for the purposes of determining the relative priority of that household for transfer to a specified form of social housing support.

• (4) In making an offer of social housing support to which subsection (3) relates, a housing authority may, unless it has been prescribed for the purpose of the subsection concerned, specify a period within which, or a date by which, the offer has to be accepted before it lapses and if the offer lapses, it shall be deemed to be a refusal for the purposes of that subsection.

• (5)
• (a) A household in receipt of a form of social housing support other than housing assistance shall not be eligible for such assistance, except where a housing authority is satisfied that the household is unable to continue to live in the dwelling concerned due to exceptional circumstances, including displacement by fire, flood or any other emergency, that was not caused by an act, or a failure to act, by the household or a household member.

• (b) A housing authority may, in respect of a household that receives housing assistance in circumstances to which paragraph (a) applies, provide such assistance in respect of an amount of rent that exceeds the maximum amount of rent prescribed or determined under section 43(2) for—

• (i) the class of household to which the household belongs, and

• (ii) the circumstances and location of the dwelling concerned,

where the housing authority is satisfied, having regard to all the circumstances of the case, that the household has a reasonable requirement to remain in the locality of the dwelling from which the household was required to move.

• (c) A household that receives housing assistance in the circumstances set out in paragraph (a) shall cease to be eligible for such assistance when the housing authority—

• (i) is satisfied that the dwelling referred to in paragraph (a) is suitable for occupation by the household, or

• (ii) provides or allocates under the Housing Acts 1966 to 2014 (other than in respect of the exceptional circumstance to which paragraph (a) relates or any subsequent exceptional circumstance) an appropriate dwelling for the household in the locality of the said dwelling.

• (6) Notwithstanding anything contained in this Part, a housing authority may—

• (a) refuse to provide, or to continue providing, housing assistance to a qualified household where—

• (i) the authority considers that any member of the household is or has been engaged in anti-social behaviour, or

• (ii) the household fails to provide information, including information relating to—

• (I) members residing together or proposing to reside together as part of the household, or

• (II) other persons with whom the household is residing or proposes to reside,

which is requested by the authority and which the authority considers necessary for the purposes of this Part,

or

• (b) refuse to permit a person who proposes to take up or resume residence or enter or be in a dwelling the subject of housing assistance where—

• (i) the authority considers that the person is or has been engaged in anti-social behaviour, or

• (ii) the qualified household 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 or refuse such permission.

46. Change of dwelling

46. (1) (a) Subject to subsection (2), a qualified household in receipt of housing assistance shall cease to be eligible for social housing support for a prescribed period that shall not exceed one year where the household moves from a dwelling the subject of such assistance and seeks housing assistance in respect of another dwelling within a prescribed period starting on the date that such assistance commences and does so for reasons other than in consequence of the operation of section 41, 42 or 43(2)(d)(ii).

• (b) In paragraph (a) the reference to assistance commencing means the commencement date of the period in respect of which the housing authority made the first payment of rent under this Part to the landlord of the dwelling.

• (2) Subsection (1) does not apply where—

• (a) the landlord of the dwelling from which the qualified household moved—