Housing (Miscellaneous Provisions) Act 1992

18B.

F27 [ Prohibition notice.

18B. (1) Where a landlord fails to comply with an improvement notice in accordance with section 18A , the housing authority may give notice in writing (in this Act referred to as a prohibition notice ) to the landlord of the house concerned.

(2) A prohibition notice shall

( a ) state that the housing authority is of the opinion that the landlord has failed to comply with an improvement notice,

( b ) direct that the landlord shall not re-let the house for rent or other valuable consideration until the landlord has remedied the contravention to which the improvement notice relates,

( c ) include information regarding the making of an appeal in relation to the notice, specifying

(i) the form and manner of an appeal, and

(ii) the address of the housing authority for the purpose of notifying the authority of an appeal under subsection (4) ,

and

( d ) be signed and dated by the housing authority.

(3) Where a prohibition notice is given under subsection (1) , the housing authority shall give a copy to the tenant of the house concerned.

(4) ( a ) A landlord aggrieved by a prohibition notice may, within 14 days beginning on the day on which the notice is given to him or her, appeal the notice to a judge of the District Court in the district court district in which the notice was served.

( b ) A landlord who appeals under paragraph (a) shall at the same time notify the housing authority in writing of the appeal and the grounds for the appeal.

( c ) The housing authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

( d ) In determining an appeal under paragraph (a) , the judge of the District Court may confirm, vary or cancel the prohibition notice if he or she considers it reasonable to do so.

(5) A prohibition notice shall take effect

( a ) in the case of an appeal under subsection (4) , on the later of the following:

(i) the day after the day on which the notice is confirmed or varied on appeal;

(ii) the day after the appeal is withdrawn by the landlord;

(iii) the expiry, whether by termination or otherwise, of the tenancy existing on the day on which the prohibition notice is given to the landlord,

( b ) in any other case on the later of the following:

(i) the day after the expiry of the period allowed by subsection (4)(a) for making an appeal;

(ii) the expiry, whether by termination or otherwise, of the tenancy existing on the day on which the prohibition notice is given to the landlord.

(6) A landlord to whom a prohibition notice has been given who is of the opinion that the matters to which the notice relates have been remedied shall confirm in writing to the housing authority that those matters have been so remedied and shall give a copy of the confirmation to the tenant.

(7) Where a landlord on whom a prohibition notice has been served confirms in writing to the housing authority in accordance with subsection (6) that the matters to which the notice relates have been remedied, the housing authority, on being satisfied that the matters have been so remedied, shall, within 28 days of such confirmation, give written notice to the landlord of compliance with the prohibition notice and shall give a copy of the notice to the tenant of the house concerned.

(8) A housing authority may at any time withdraw a prohibition notice by notice in writing to the landlord to whom it was given.

(9) Withdrawal of a prohibition notice under subsection (8) does not prevent the giving of another prohibition notice.

(10) A housing authority shall, in the interests of public health and safety, make such arrangements as they consider appropriate or necessary to bring the contents of a prohibition notice to the attention of the public. ]

Annotations:

Amendments:

F27

Inserted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 4 item 4, S.I. No. 449 of 2009.