Housing (Miscellaneous Provisions) Act 2009

SCHEDULE 2

Consequential Amendments

PART 1

Amendments to Housing Act 1966

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 90

Insert the following after subsection (4):

“(4A) Section 211(2) of the Planning and Development Act 2000 shall not apply to the sale of a dwelling under subsection (1)( a)( i).”.

2

Section 107(7)

Substitute “at the rate at which on the date of the undertaking the authority could borrow from the Housing Finance Agency for the purposes of house purchase loans which are subject to a variable interest rate” for “at a rate specified in the undertaking, being the rate at which on the date of the undertaking the authority could borrow from the local loans fund”.

PART 2

Amendments to Housing Finance Agency Act 1981

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 4(2)

( a) In paragraph (c), delete “and”.

( b) Insert the following after paragraph (c):

“ ( ca) to manage the Affordable Dwellings Fund established under Part 5 of the Housing (Miscellaneous Provisions) Act 2009 in accordance with that Act and any regulations made by the Minister under that Act,

( cb) to advance moneys from the said Affordable Dwellings Fund to housing authorities for any purpose authorised by or under section 94 of the Housing (Miscellaneous Provisions) Act 2009, and”.

2

Section 5

( a) In paragraph ( c), delete “or”.

( b) In paragraph ( d), substitute “ body, or” for “body.”.

( c) Insert the following after paragraph ( d):

“( e) a housing authority from the Affordable Dwellings Fund established under Part 5 of the Housing (Miscellaneous Provisions) Act 2009 subject to and in accordance with that Act and any regulations made by the Minister under that Act, for any purpose authorised by or under section 94 of that Act”.

3

Section 10(3)

Substitute “€10,000,000,000” for “€6,000,000,000”.

PART 3

Amendments to Housing Act 1988

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 12

( a) In subsection (1), insert “and (8)” after “subsection (2)”.

( b) Insert the following after subsection (7):

“(8) ( a) This section shall not apply to apartments in a designated apartment complex.

( b) For the purposes of paragraph (a), “apartments” and “designated apartment complex” have the same meaning as they have in section 50 of the Housing (Miscellaneous Provisions) Act 2009.

2

Section 13

In subsection (3), substitute Section 11 of the Housing (Miscellaneous Provisions) Act 2009” for “Section 56(2) of the Principal Act”.

PART 4

Amendments to Housing (Miscellaneous Provisions) Act 1992

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 1(1)

Insert the following definitions:

“‘improvement notice’ has the meaning given to it by section 18A;

‘prohibition notice’ has the meaning given to it by section 18B;”.

2

Section 5

In subsection (2), substitute the following for paragraph ( a):

“( a) who has been assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support, but only if by exercising those functions the authority is satisfied that the person’s need for such support will be met or obviated, or”.

3

Section 18

( a) In subsection (1)—

(i) delete “, works and services appurtenant thereto and enjoyed therewith”, and

(ii) after “let” to insert “or available for letting”.

( b) Delete subsections (3) to (6).

( c) In subsection (7)( b), insert “and any common areas” after “house”.

( d) In subsection (7):

(i) in paragraph ( g) substitute “food;” for “food.”, and

(ii) insert the following after paragraph ( g):

“( h) fire safety.”.

( e) Substitute the following for subsection (8):

“(8) For the purposes of subsection (7)( b) ‘a proper state of structural repair’ means sound, internally and externally, with roof, roofing tiles and slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascia, tiles on any floor, ceiling and wall, gutters, down pipes, fittings, furnishings, gardens and common areas maintained in good condition and repair and not defective due to dampness or otherwise.”.

( f) Insert the following after subsection (8):

“(9) In this section and sections 18A and 18B—

‘common areas’ means common areas, works and services that are appurtenant to houses and enjoyed therewith and that are in the ownership or under the control of the landlord;

‘landlord’ means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a house by the tenant thereof;

‘tenancy’ includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied;

‘tenant’ means the person for the time being entitled to the occupation of a house under a tenancy.”.

4

New sections

Insert the following new sections after section 18:

“Improvement notice.

18A. —(1) Where, in the opinion of a housing authority, a landlord is contravening or has contravened a requirement of a regulation made under section 18, the authority may give notice in writing (in this Act referred to as an “improvement notice”) to the landlord of the house concerned.

(2) An improvement notice shall

( a) state that the housing authority is of the opinion referred to in subsection (1),

( b) state the reasons for that opinion,

( c) identify the provision of the regulation concerned in respect of which that opinion is held,

( d) direct the landlord to remedy the contravention within the period specified in the notice commencing on the date specified therein, which date shall not be earlier than the end of the period within which an objection may be submitted under subsection (6),

( e) include information regarding the submission of an objection and the making of an appeal in relation to the notice, specifying—

(i) the form and manner of an objection,

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

(iii) the address of the housing authority for the purpose of submitting an objection under subsection (6) or notifying the authority of an appeal under subsection (7), as the case may be,

( f) contain a statement that if an objection is not submitted in accordance with subsection (6) and within the period specified in that subsection then—

(i) the notice will be treated as not disputed, and

(ii) the landlord will be deemed to have accepted the notice and to have agreed to comply with the direction within the period specified therein,

and

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

(3) An improvement notice may include directions as to the measures to be taken to remedy the contravention to which the notice relates or to otherwise comply with the notice.

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

(5) ( a) A landlord to whom an improvement notice has been given who is of the opinion that the improvement notice has been complied with shall, before the expiration of the period specified in the notice for the purpose of subsection (2)( d), confirm in writing to the housing authority that the matters referred to in the notice have been so remedied and shall give a copy of the confirmation to the tenant.

( b) Where a landlord confirms to the housing authority in accordance with paragraph ( a) that the matters referred to in the improvement notice have been remedied, the housing authority, on being satisfied that the matters have been so remedied, shall, within 28 days of receiving such confirmation, give notice in writing to the landlord of compliance with the improvement notice and shall give a copy of the notice to the tenant.

( c) The notice under paragraph ( b) does not preclude any inspection which the housing authority considers necessary in relation to the house concerned or the service of a further improvement notice which the authority may consider necessary.

(6) A landlord aggrieved by an improvement notice may, within 14 days beginning on the day on which the notice is given to him or her, submit an objection to the notice in the form and manner specified in the notice, and the housing authority shall consider the objection and, as it sees fit, vary, withdraw, cancel or confirm the notice and shall notify the landlord in writing of the decision and the reasons for the decision within 14 days after receipt of the objection.

(7) ( a) The landlord may, no later than 14 days after the decision under subsection (6) is notified by the housing authority to him or her, appeal the decision 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 improvement notice if he or she considers it reasonable to do so.

(8) Where an objection is submitted under subsection (6) and no appeal is made under subsection (7) against the decision of the housing authority and the improvement notice is neither withdrawn nor cancelled, the notice takes effect on the later of the following:

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

( b) the day after the objection is withdrawn by the landlord;

( c) the date specified in the notice.

(9) Where an appeal is made under subsection (7) and the improvement notice is neither withdrawn nor cancelled, the notice takes effect on the later of the following:

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

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

( c) the date specified in the notice.

(10) Where no objection is submitted under subsection (6) the improvement notice takes effect on the date specified in the notice.

(11) The housing authority may

( a) withdraw an improvement notice at any time, or

( b) where no objection is submitted or appeal made or pending, extend the date specified in the notice for the purposes of subsection (2)( d).

(12) Withdrawal of an improvement notice under subsection (11) does not prevent the giving of another improvement notice, whether in respect of the same matter or a different matter.

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. ”.

5

Section 23

Substitute the following for subsections (1) and (2):

“(1) Subject to subsections (2) and (3), a reference in the Housing Acts 1966 to 2009, to a housing authority means, in the case of—

( a) a county, the county council,

( b) a city, the city council,

( c) a borough mentioned in Chapter 1 of Part 1 of Schedule 6 to the Act of 2001, except as respects—

(i) section 6 of the Act of 1979,

(ii) sections 2 to 4, 6 and 7 of this Act,

(iii) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and

(iv) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the borough council and, as respects each of those sections, the county council in whose administrative area the borough is situate,

( d) a town mentioned in Chapter 2 of Part 1 of Schedule 6 to the Act of 2001, except as respects—

(i) section 6 of the Act of 1979,

(ii) section 16 of the Act of 1988,

(iii) sections 2 to 4, 6, 7 and 11 of this Act,

(iv) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and

(v) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the town council and, as respects each of those sections, the county council in whose administrative area the town is situate,

( e) a town mentioned in Part 2 of Schedule 6 to the Act of 2001, except as respects—

(i) sections 34 to 36 and section 41 of the Principal Act,

(ii) section 6 of the Act of 1979,

(iii) sections 2, 6, 10, 13 and 16 of the Act of 1988,

(iv) sections 2 to 7, 10 to 12, 14, 17, 18, 20, 34 and 35 of this Act,

(v) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and

(vi) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the town council and, as respects each of those sections, the county council in whose administrative area the town is situate,

and references to the functional area of a housing authority shall be construed accordingly.

(2) A reference in the Housing Acts 1966 to 2009 to a housing authority means, in the case of—

( a) the boroughs of Drogheda, Sligo and Wexford, except as respects—

(i) section 6 of the Act of 1979,

(ii) sections 6 and 7 of this Act, and

(iii) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the respective borough councils and, as respects each of those sections, the respective county councils in whose administrative areas those boroughs are situate,

( b) the town of Bray, except as respects—

(i) section 6 of the Act of 1979,

(ii) sections 2 to 4, 6 and 7 of this Act,

(iii) Part 2 of the Housing (Miscellaneous Provisions) Act 2002, and

(iv) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the town council and, as respects each of those sections, the county council in whose administrative area that town is situate,

( c) the towns of Athlone and Dundalk, except as respects—

(i) section 6 of the Act of 1979,

(ii) sections 6 and 7 of this Act, and

(iii) sections 14 to 18 and Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009,

the respective town councils and, as respects each of those sections, the respective county councils in whose administrative areas those towns are situate,

and references to the functional area of a housing authority shall be construed accordingly. ”.

6

Section 34

( a) Substitute the following for subsection (1)—

“(1) Any person who—

( a) by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by, or contravenes a provision of, or a regulation made under, section 17, 18 or 20, or

( b) fails to comply with an improvement notice, or

( c) re-lets a house in breach of a prohibition notice,

shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both and if the obstruction, contravention, failure to comply or re-letting is continued after conviction the person shall be guilty of a further offence on every day on which the obstruction, contravention, failure to comply or re-letting continues and for each such offence shall be liable, on summary conviction, to a fine not exceeding €400.”.

( b) Insert the following subsection:

“(3) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the housing authority, the costs and expenses, measured by the court, incurred by the housing authority in relation to the investigation, detection and prosecution of the offence.”.

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 1(1)

( a) In paragraph ( b) of the definition of “anti-social behaviour”—

(i) insert “alarm” after “damage”, and

(ii) substitute the following for the words from “includes” to the end of the paragraph:

“(i) violence, threats, intimidation, coercion, harassment or serious obstruction of any person,

(ii) behaviour which causes any significant or persistent impairment of a person ’s use or enjoyment of his or her home, or

(iii) damage to or defacement by writing or other marks of any property, including a person ’s home;”.

( b) In the definition of “tenant” insert the following after “2000”:

“or to whom a dwelling is let under a Chapter 4 tenancy agreement (within the meaning of the Housing (Miscellaneous Provisions) Act 2009)”.

2

Section 3(1)

Insert the following after paragraph ( a):

“( aa) let to a tenant under a Chapter 4 tenancy agreement, or”.

3

Section 4A( b)

Substitute section 30 of the Housing (Miscellaneous Provisions) Act 2009” for “ section 9 of the Housing (Miscellaneous Provisions) Act 1992”.

4

Section 14

( a) In subsection (1)—

(i) delete the words from “Notwithstanding” down to and including “where” and substitute the following:

“Notwithstanding anything contained in the Housing Acts 1966 to 2009, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority may refuse to allocate or defer the allocation of a dwelling, including a dwelling the subject of a rental accommodation availability agreement (within the meaning of that Act), to a person where”,

(ii) in paragraph ( a), substitute “an allocation” for “a letting”, and

(iii) in paragraph ( b), substitute “an allocation” for “an application for the letting”.

( b) Substitute the following for subsection (2):

“(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, or

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

( 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,

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), or

(iv) in the case of section 90 of the Housing Act 1966, 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.”.

5

Section 15

Substitute the following for subsection (2):

“(2) A housing authority may, for the purposes of any of their functions under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000, request from another housing authority or a specified person, information in relation to any person—

( a) seeking a house or site from the authority or seeking to occupy a caravan on a site or residing or proposing to reside at a house provided by the authority or by an approved body, including a house the subject of a rental accommodation availability agreement, or seeking or receiving any other housing support (within the meaning of the Housing (Miscellaneous Provisions) Act 2009) under the Housing Acts 1966 to 2009, or

( b) whom the authority considers may be or may have been engaged in anti-social behaviour,

and, notwithstanding anything contained in any enactment, such other housing authority or specified person may provide the information to the housing authority requesting it. ”.

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 6

( a) Substitute the following for subsection (1):

“(1) A relevant housing authority shall, for the purposes of preparing a programme under section 7, and at such other times as the Minister may by direction specify, in respect of the functional area concerned, make an assessment of the accommodation needs of travellers who are assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support (within the meaning of that Act), including the need for sites.”.

( b) Delete subsection (2).

( c) Substitute the following for subsection (3):

“(3) Before making an assessment under this section, a relevant housing authority shall give one month’s notice of their intention to do so to—

( a) every local authority whose administrative area adjoins, or is contained in, the functional area of the authority preparing a programme under section 7,

( b) the Health Service Executive,

( c) approved bodies engaged in the provision of accommodation or shelter in the functional area concerned,

( d) any local consultative committee in the functional area concerned, and

( e) such local community bodies in the functional area concerned and any other person, as the housing authority considers appropriate.”.

( d) In subsection (4), insert the following after paragraph ( a):

“( aa) any summary of social housing assessments prepared under section 21(c) of the Housing (Miscellaneous Provisions) Act 2009,”.

( e) In subsection (6), substitute “in relation to any summary of social housing assessments referred to in subsection 4( aa), furnish such information” for “in relation to an assessment made by it under section 9 of the Act of 1988, furnish from the assessment such information”.

( f) Delete subsection (7).

2

Section 10(2)

( a) In paragraph ( a), delete the words from “and any” to the end of the paragraph.

( b) In paragraph ( b), substitute “in the most recent summary of social housing assessments prepared by a housing authority under section 21(c) of the Housing (Miscellaneous Provisions) Act 2009” for “in the most recent assessment made by a housing authority under section 9 of the Act of 1998”.

PART 7

Amendments to Planning and Development Act 2000

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 93

( a) Substitute the following for subsection (1):

“(1) In this Part—

‘housing strategy’ means a strategy included in a development plan in accordance with section 94(1);

‘market value’, in relation to a house, means the price which the unencumbered fee simple of the house would fetch if sold on the open market;

‘mortgage’ means a loan for the purchase of a house secured by mortgage in an amount not exceeding 90 per cent of the price of the house.

( b) Delete subsections (2) and (3).

2

Section 94

( a) In subsection (2), substitute “summary of social housing assessments prepared under section 21(a) of the Housing (Miscellaneous Provisions) Act 2009” for “housing assessment or assessments made under section 9 of the Housing Act, 1988,

( b) In subsection 4—

(i) in paragraph ( a), substitute the following for subparagraphs (i) and (ii):

“(i) housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009, and

(ii) housing for eligible households (within the meaning of section 78 of the Housing (Miscellaneous Provisions) Act 2009,”,

and

(ii) delete paragraph ( b),

( c) In subsection (5)( a), insert the following after subparagraph (v):

“(va) the number of households who have applied to purchase an affordable dwelling under an affordable dwelling purchase arrangement pursuant to Part 5 of the Housing (Miscellaneous Provisions) Act 2009;”.

3

Section 96

( a) Substitute the following for subsection (12)—

“(12) Any amount referred to in subsection (11) and any amount paid to a planning authority in accordance with subsection (3)( b)(vi), (vii) or (viii) shall be accounted for in a separate account and shall only be applied as capital for its functions in relation to the provision of housing under the Housing Acts 1966 to 2009, including the making of payments under section 94 of the Housing (Miscellaneous Provisions) Act 2009 into the Affordable Dwellings Fund established under Part 5 of that Act.”.

( b) In subsection (13)( a), substitute “required for households assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support” for “for persons referred to in section 9(2) of the Housing Act, 1988”.

PART 8

Amendment to Civil Registration Act 2004

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 66(1)( j)

Substitute the following for subparagraph (ii)

“(ii) the determination of a rent or other payment under section 31 of the Housing (Miscellaneous Provisions) Act 2009, or”.

Item

Provision affected

Amendment

(1)

(2)

(3)

1

Section 265(1)

Substitute the following for subparagraphs (i), (ii) and (iii) of paragraph ( b) of the definition of “relevant purpose”—

“(i) carrying out a social housing assessment under section 20 of the Housing (Miscellaneous Provisions) Act 2009,

(ii) allocating a dwelling under section 22 of the Housing (Miscellaneous Provisions) Act 2009,

(iii) determining rent or any other charge under section 31 of the Housing (Miscellaneous Provisions) Act 2009,”.