Housing (Miscellaneous Provisions) Act 1997

Letting and sale of local authority housing.

14.—F31[(1) Notwithstanding anything contained in the Housing Acts 1966 to 2014, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority may—

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

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

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

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

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

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

F32[(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, F33[…]

F34[(c) Part 2 of the Affordable Housing Act 2021,]

(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, F35[or]

F35[(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,

F34[(iii) in the case of an affordable dwelling purchase arrangement under Part 2 of the Affordable Housing Act 2021, an eligible applicant within the meaning of section 4 of that Act,]

(iv) in the case of section 90 of the Housing Act 1966, a tenant, F35[or]

F35[(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 F34[eligible applicant or any member of the eligible applicant’s 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 F34[that eligible applicant’s 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;”.

F36[(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;

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

Annotations

Amendments:

F31

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

F32

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).

F33

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

F34

Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 25(b)(i)-(iv), S.I. No. 450 of 2021.

F35

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

F36

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

F37

Substituted and inserted by Planning and Development Act 2024 (34/2024), s. 631 and sch. ref. no. 15, not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: subs. (5)(c), (d) substituted, (e) inserted by Planning and Development Act 2024 (34/2024), s. 631 and sch. ref. no. 15, not commenced as of date of revision.

F37[(c) section 6 of the Housing (Miscellaneous Provisions) Act 2002;

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

(e) Part 7 of the Planning and Development Act 2024.]

Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh Chomhairleoir

23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh Chomhairleoir

25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.

(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.

(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of Sections 10 and 23

Number and Year

(1)

Provision

(2)

Extent of Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.

PART 2

Enactments for Purposes of Sections 10 and 26

Number and Year (1)	Short Title (2)	Provision (3)
...	...	...
No. 21 of 1997	Housing (Miscellaneous Provisions) Act 1997	Sections 3, 3A, 6(2), 9, 14, 14A, 15 and 20.
...	...	...

Editorial Notes:

E11

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.

Revised Acts

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Housing (Miscellaneous Provisions) Act 1997