Housing (Miscellaneous Provisions) Act 1997

Letting and sale of local authority housing.

14

14. F29 [ (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. ]

F30 [ (2) Notwithstanding anything contained in

( a ) Part 3 of the Housing (Miscellaneous Provisions) Act 2009 or an incremental purchase arrangement under the said Part 3,

( b ) Part 4 of the said Act, F31 [ ]

( c ) Part 5 of the said Act or an affordable dwelling purchase arrangement under the said Part 5, F31 [ ]

( d ) section 90 of the Housing Act 1966 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act 1992 ) or a purchase scheme under the said section 90, F32 [ or ]

F32 [ (e) Part 3 of the Housing (Miscellaneous Provisions) Act 2014, ]

a housing authority may refuse to sell a dwelling to

(i) in the case of an incremental purchase arrangement, an eligible household (within the meaning of Part 3 of the Housing (Miscellaneous Provisions) Act 2009),

(ii) in the case of Part 4 of the said Act, a tenant,

(iii) in the case of an affordable dwelling purchase arrangement, an eligible household (within the meaning of Part 5 of the said Act), F31 [ ]

(iv) in the case of section 90 of the Housing Act 1966 , a tenant, F32 [ or ]

F32 [ (v) in the case of Part 3 of the Housing (Miscellaneous Provisions) Act 2014, a tenant, ]

where the authority considers that the said tenant or the said eligible household or any member of the eligible household or of the tenant s household, as the case may be, is or has been engaged in anti-social behaviour or that a sale to that eligible household or tenant would not be in the interest of good estate management. ]

(3) Section 90 (12) of the Housing Act, 1966 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act, 1992), is hereby amended by the substitution of the following paragraph for paragraph ( a)—

“( a) the housing authority may, without prejudice to any other power in that behalf, refuse to consent to a sale of a dwelling if they are of the opinion that—

(i) the intended purchaser is not a person in need of housing, or

(ii) the intended purchaser is or has been engaged in antisocial behaviour or that the intended sale of the dwelling would not be in the interest of good estate management, or

(iii) the intended sale would, if completed, leave the seller or any person who might reasonably be expected to reside with that person without adequate housing;”.

F33 [ (4) Notwithstanding anything contained in the enactments specified in subsection (5) , a housing authority may refuse to sell or lease a dwelling to a person where the authority considers that the person is or has been engaged in anti-social behaviour or that a sale or lease to that person would not be in the interest of good estate management.

(5) The enactments mentioned in subsection (4) are:

( a ) section 90 of the Housing Act 1966 ;

( b ) section 3 of the Housing (Miscellaneous Provisions) Act 1992 ;

( c ) section 6 of the Housing (Miscellaneous Provisions) Act 2002 ; and

( d ) Part V of the Planning and Development Act 2000 . ]

Annotations:

Amendments:

F29

Substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(9), S.I. No. 121 of 2015.

F30

Substituted (14.06.2010 - para. (i), 1.01.2012 - para. (ii), 12.09.2018 - para. (iii) and 14.06.2010 - para. (iv)) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5 item 4(b), S.I. No. 253 of 2010 - para. (i), S.I. No. 680 of 2011 - para. (ii), S.I. No. 350 of 2018 - para. (iii) and S.I. No. 253 of 2010 - para. (iv).

F31

Deleted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 33, S.I. No. 482 of 2015.

F32

Inserted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 33, S.I. No. 482 of 2015.

F33

Inserted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 197(f), S.I. No. 505 of 2004.

Editorial Notes:

E9

Previous affecting provision: subs. (1) substituted (14.06.2010) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5 item 4(a), S.I. No. 253 of 2010; substituted as per F-note above.