Reform history

## PART 1 Preliminary and General

**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.** 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.** In this Act—

“Principal Act” means the Housing Act 1966.

**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.

(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.** 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.** (1) In this Part—

(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

“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;

(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—

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

**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.

(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.**(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.

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

**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*.

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

**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.

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

**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.

(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.**(1) In circumstances where—

(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.**(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.

(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.**(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—

(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.**(1) Where a person—

(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.** (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—

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

(2) Section 62 of the Principal Act is repealed.

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

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

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

(c) by substituting the following for the definition of “anti-social behaviour”:

(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),

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

(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

shall be construed accordingly.”

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

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

## PART 3 Purchase of Houses by Tenants

**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;

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

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

**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.

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

(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.**(1) In this section—

(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.**(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.

(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.**(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*.

(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.**(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.

(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.**(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—

(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.**(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.

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

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

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

**31.**The Principal Act is amended in section 90—

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

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

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

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

**34.** The Act of 2009 is amended—

(b) in section 13—

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

(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.”,

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

## PART 4 Housing Assistance

**35.** In this Part—

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

(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.** 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.**(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.

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

(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.**(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.

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

**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.**(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.

(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.** (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)*.

(ii) the household moved from the dwelling in order to take up or change employment or for educational purposes, or due to exceptional circumstances, including displacement by fire, flood or any other emergency or for exceptional medical or compassionate reasons.

**47.**(1) In this section “scheme of capital assistance” means the scheme of capital assistance for the provision of housing accommodation operated under section 6 of the Act of 1992 and section 12 of the Act of 2009.

(6) A housing authority may, subject to any regulations to which *subsection (3)(e)* relates, refuse to provide, or to continue providing, housing assistance in respect of a household under this section where the authority considers that any member of the household is or has been engaged in anti-social behaviour.

**48.**(1) Other than in respect of decisions on a review under this section, the Minister may prescribe one or more than one class of decision made by a housing authority under this Part (in this section referred to as a “prescribed decision”) to which this section applies.

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

**49.**(1) Section 19 of the Act of 2009 is amended in subsection (2) by inserting the following after paragraph (b):

(d) such other matters as the Minister considers necessary and appropriate.”

**50.** The Minister may, for the purpose of facilitating the introduction of housing assistance, prescribe the date on which this Part shall be applied by specified housing authorities in respect of specified classes of household and the Minister may specify different dates and different classes of household in respect of different housing authorities.

**51.** The Minister may, with the prior consent of the Minister for Public Expenditure and Reform, make payments, out of money provided by the Oireachtas, to a housing authority in respect of some or all of the expenses, including administration expenses, incurred by the authority by virtue of this Part.

## PART 5 Miscellaneous

**52.** In this Part “Act of 2005” means the Social Welfare Consolidation Act 2005.

**53.**(1) In this section—

(15) Where an amount of rent or rent arrears is, in accordance with this section, deducted by the Minister for Social Protection from a relevant recipient’s net scheme payments, that Minister shall, except in the case of any excess deduction transmitted to a housing authority under *subsection (11)* that has been notified by that Minister to the authority, be acquitted and discharged of such amount as is represented by the deduction, as if the amount had actually been paid to the relevant recipient.

**54.**(1) The Act of 2005 is amended in section 196 by inserting the following after subsection (2):

(c) in subsection (7), by substituting “as amended by the Local Government Reform Act 2014” for “amended by section 8 of the Housing (Miscellaneous Provisions) Act 2009”.

**55.** (1) Notwithstanding any enactment or rule of law—

(iii) the Value-Added Tax Acts,

“tax reference number” means—

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

**56.** Section 31 of the Act of 2009 is amended—

“(6A) The Minister may, having regard to the composition, financial circumstances and ability to pay rent of a qualified household in receipt of housing assistance under *Part 4* of the *Housing (Miscellaneous Provisions) Act 2014*, prescribe the rent contribution that will be payable to a housing authority by a tenant who is a member of that household during the transitional period referred to in paragraph (h) of subsection (6).”

**57.**Schedule 4 to the Local Government Reform Act 2014 is amended in paragraph 14(4) by substituting “30 June 2015” for “31 December 2014”.

**58.**The Housing Finance Agency Act 1981 is amended—

(b) in section 5 by inserting the following paragraph after paragraph (c):

“(ca) the Local Government Management Agency, to be used by it for the purpose of the performance of its functions,”.