1.—(1) This Act may be cited as the Housing Act, 1966.

(2) This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be fixed for different purposes and different provisions of this Act.

2.—(1) In this Act, save where the context otherwise requires—

“the Act of 1860” means the Landlord and Tenant Law Amendment Act, Ireland, 1860;

“the Act of 1891” means the Local Registration of Title (Ireland) Act, 1891;

“the Act of 1936” means the Labourers Act, 1936;

“the Act of 1948” means the Housing (Amendment) Act, 1948 (repealed by this Act);

“the Act of 1952” means the Housing (Amendment) Act, 1952 (repealed by this Act);

“the Act of 1960” means the Local Government (No. 2) Act, 1960;

“the Act of 1962” means the Housing (Loans and Grants) Act, 1962 (repealed by this Act);

F1[…]

“functions” includes powers and duties;

“health authority” has the same meaning as in the Health Act, 1947, as amended by section 9 of the Health Authorities Act, 1960;

“house”, except in Part V of this Act, includes any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith and, except as aforesaid and in sections 15, 16 and 17 of this Act, includes any part of a building used or suitable for use as a dwelling and “housing” shall be construed accordingly;

F2[…]

“land”, except in section 86 of this Act includes water and, in relation to the acquisition of land, includes any interest or right in or over land or water (including an interest or right granted by or held from the authority acquiring the land);

F3[“local authority” means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]

“the Minister” means the Minister for Local Government;

F1[…]

“owner”, except in Part V of this Act, in relation to any dwelling, house, building or other land means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the dwelling, house, building or other land, or where the dwelling, house, building or other land is not let at a rack rent, would be so entitled if it were so let;

“person”, except in this section and in sections 15 and 34 of this Act, does not include a housing authority;

“prescribed” means prescribed by regulations made by the Minister;

“public utility society” means a society registered under the Industrial and Provident Societies Acts, 1893 to 1936, or a friendly society registered under the Friendly Societies Acts, 1896 to 1953, or a trade union registered under the Trade Union Acts, 1871 to 1952, whose objects include the erection of houses or a body which satisfies the Minister that its objects are wholly philanthropic and include the provision of houses;

“the registering authority” means the registering authority under the Act of 1891;

“Registry of Deeds” means the office established by the Registration of Deeds Act, 1707;

F4[“reserved function” means a reserved function for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]

F1[…]

“Small Dwellings Acquisition Acts” means the Small Dwellings Acquisition Acts, 1899 to 1962;

“state land” means land which is state land within the meaning of the Act of 1936 and which belongs to the State on the commencement of section 105 of this Act.

(2) Any approval or consent required by this Act to be given by the Minister may be given either generally or as respects a particular case and where the relevant provisions of this Act so admit, any such approval or consent may be confined to any particular class of matter or thing or to a particular area or an area of a particular class.

(3) Any reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.

(4) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

3.—(1) Where a notice, copy of an order, or demand is required or authorised by this Act or any order or regulation made thereunder to be served on, given to or made of a person, it shall be addressed to him and shall be served on, given to or made of him in some one of the following ways:

(a) where it is addressed to him by name, by delivering it to him;

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

F5[(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address or, where such registered letter is returned undelivered to the sender, by ordinary prepaid post;]

(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice, copy or demand is so required or authorised to be served, given or made in respect of any land or premises or works thereon, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises.

(2) Where a notice, copy of an order, or demand is required by this Act or any order or regulation made thereunder to be served on, given to, or made of an owner or occupier of any land or premises and the name of the owner or of the occupier, as the case may be, cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him.

(3) For the purposes of this section, a company within the meaning of the Companies Act, 1963, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) Where a repairs notice, a notice mentioned in subsection (4) of section 66 of this Act, F6[a notice mentioned in subsection (4) of section 117 of this Act or a notice mentioned in section 15 of the Housing (Miscellaneous Provisions) Act 2014,] is served on or given to a person by affixing it under paragraph (d) of subsection (1) of this section, a copy of the notice shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided.

(5) A person who, at any time during the period of three months after a document is affixed under paragraph (d) of subsection (1) of this section, removes, damages or defaces the documentwithout lawful authority shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(6) Where the Minister is satisfied that reasonable grounds exist for dispensing with the publication, serving or giving under this Act or under any order or regulation made thereunder, of a notice, copy of an order, or demand and that dispensing with the publication, serving, giving or making of the notice, copy or demand will not cause injury or wrong, he may dispense with the publication, serving or giving of the notice or copy and every such dispensation shall have effect according to the tenor thereof.

(7) A dispensation under the foregoing subsection may be given either before or after the time when the notice or copy would, but for the dispensation, be required to be published, served or given and either before or after the doing of any act to which the notice or copy would, but for the dispensation, be a condition precedent.

F7[(8) In this section “notice” includes a tenancy warning under section 7, 8 or 9 of the Housing (Miscellaneous Provisions) Act 2014 and—

(i) references (however expressed) in this section to the serving of a notice on a person includes the serving of any such tenancy warning to a person under the said section 7, 8 or 9, as the case may be, and

(ii) subsection (5) shall apply to a tenancy warning affixed on or near the dwelling concerned in a manner prescribed under the said section 7(4), 8(3) or 9(3), as the case may be.]

4.—(1) A housing authority may for any purposes connected with this Act, by notice in writing require the occupier of any land or any person receiving, whether for himself or for another, rent out of any land to state in writing to the authority within a specified period ending not less than twenty-one days after being so required, particulars of the estate, interest or right by virtue of which he occupies such land or receives such rent, as the case may be, and the name and address (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such land.

(2) Any person who is required under this section to state any matter or thing and either fails to state the matter or thing within the period specified under this section, or when stating such matter or thing makes a statement in writing which to his knowledge is false or misleading in a material respect shall be guilty of an offence under the section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

5.—(1) The Minister may make regulations either for the purposes of any section of this Act which admits of being executed subject to regulations, or prescribing any matter referred to in this Act as prescribed.

(2) Every regulation made by the Minister under this Act other than section 114 shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is passed by either House within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(3) No regulation which includes provision in respect of a payment to be made by the Minister shall be made by the Minister under this Act without the consent to that provision of the Minister for Finance.

F8[(4) Regulations under the Housing Acts, 1966 to 1992, may be expressed to apply either generally or to specified housing authorities or areas or to housing authorities, areas, houses, tenancies, loans, mortgages, persons, households, works or other matters of a specified class or classes, denoted by reference to such matters as the Minister considers appropriate and different provisions of such regulations may be expressed to apply in relation to different housing authorities or areas or different classes of housing authorities, areas, houses, tenancies, loans, mortgages, persons, households, works or other matters.

(5) Regulations under the Housing Acts, 1966 to 1992, may make provision in relation to matters of procedure and administration including—

(a) the appointment by the Minister of a housing authority to discharge specified functions relating to the making of a grant, subsidy or assistance by the Minister under the Housing Acts, 1966 to 1992, as respects their functional area and the functional area of such other housing authority as the Minister may specify;

(b) the charging of expenses incurred by a housing authority by virtue of paragraph (a);

(c) a requirement that the Minister or the housing authority, as the case may be, shall be furnished with prescribed particulars relating to the tax affairs of—

(i) a person making application for a grant, loan, subsidy, contribution or other assistance under the Housing Acts, 1966 to 1992, and

(ii) any person employed or proposed to be employed to carry out any construction works to which the said application relates.]

6.—(1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) Notwithstanding subsection (1) of this section, grants under any enactment repealed by that subsection may be made in respect of works commenced before the repeal of the enactment.

(3) Where, as respects the provision or reconstruction of a house or the execution of works (including the provision and installation of a private water supply and private sewerage facilities), a grant is made under an enactment repealed by this Act and but for subsection (1) of this section an enactment providing for—

(a) the reduction of the rateable valuation of a tenement for rating purposes,

(b) the non-increase of the rateable valuation of a tenement within a stated period,

would have applied, such enactment shall, as respects the tenement, continue to apply as if this Act had not been enacted.

(4) In this section, “rating purposes” has the same meaning as in section 33 of this Act.

53.—F43[…]

54.—F44[…]

55.—F45[…]

56.— F46[…]

57.—A housing authority may provide sites for building purposes on land acquired or appropriated by them for purposes of this Act and in connection with the provision of such sites may construct roads and lay out open spaces on the land and provide such other services and carry out such other works as may be necessary for or incidental to the development of the land for building purposes, including works or services necessary for or incidental to the development of the land for places of worship, factories, schools, shops, offices, playgrounds, places of recreation, parks and open spaces.

58.—(1) Subject to the following provisions of this section and to such regulations as may be made by the Minister for the purposes of this section, the management and control of any dwelling, building or other land of which a housing authority are the owner and of any works or services, provided by the authority under this Act, shall be vested in and exercised by the authority.

F47[(1A) The management and control of the common areas appurtenant to a dwelling and provided by a housing authority under this Act are not required to be vested in the housing authority under subsection (1) of this section.

(1B) A housing authority may perform management and control functions vested in it under subsection (1) of this section in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling.]

(2) A housing authority may reconstruct, enlarge or improve any dwelling or other building of which they are the owner.

(3) Subject to the said regulations, a housing authority may as respects a dwelling provided under this Act of which they are the owner charge such rent or other payment for the tenancy or occupation thereof as they may determine from time to time and as respects any buildings or other land or works or services provided under this Act the authority may make such charge, whether by way of rent or otherwise, as they shall think fit.

F47[(3A) Without prejudice to the generality of subsection (3) of this section, charges made under that subsection may include—

(a) charges relating to the provision of services to, and the insurance of, a dwelling and other charges relating to the management and control of the dwelling, or

(b) any other charges that may be prescribed under this section in relation to:

(i) the management and control of common areas appurtenant to a dwelling, where those common areas are also used by the occupants of other dwellings;

(ii) the provision of services where those services are also provided to the occupants of other dwellings.

(3B) A housing authority may make such charge under subsection (3) of this section, whether by way of rent or otherwise, as it considers appropriate, in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling.]

(4) Without prejudice to the generality of subsection (1) of this section, regulations made by the Minister for the purposes of this section may provide for all or any of the following matters:

(a) the maximum number of persons who shall be permitted to occupy dwellings to which the regulations apply on any letting;

(b) the terms and conditions to be included in any agreement under which any person is permitted to occupy or use such dwellings;

(c) matters to which a housing authority shall have regard in determining rents;

(d) such other matters as the Minister may consider necessary or expedient for the purpose of securing the proper and efficient management of such dwellings.

(5) The Land Law (Ireland) Act, 1881, shall not apply as respects the letting by a housing authority of an allotment provided under section 56 of this Act, and such letting shall, unless a provision to the contrary is contained in a letting agreement, be deemed to be a letting for temporary convenience and determinable at the end of any month.

59.—F49[…]

60.—F50[…]

61.—(1) A housing authority may, for the purposes of enabling them to determine the rent that shall be payable by a person to whom they have let or who has applied to have let to him a dwelling provided under this Act, require the person to furnish to the authority, within a specified period ending not less than fourteen days after being so required, particulars in writing of the following matters:

(a) the number of members of the person’s family residing with him, together with their ages, sex, occupations and conditions of health;

(b) the weekly income of the person and of each of the members of his family residing with him;

(c) any assistance, benefit or allowance received by or on behalf of the person or a member of his family residing with him from state funds or under the F51[Social Welfare (Supplementary Welfare Allowances) Act, 1975 (No. 28 of 1975)], the Health Acts, 1947 to 1960, or from any other source whatsoever;

(d) the means of transport available to bring such person and the members of his family residing with him to their places of work, or in the case of children, to school and the cost of such transport;

(e) the terms upon which premises are occupied by him, the amount of rent payable in respect of such premises and the name and address of the person to whom such rent is payable.

(2) Any person who is required under this section to state any matter or thing and either fails to state the matter or thing within the period specified under this section, or when stating such matter or thing, makes a statement in writing which to his knowledge is false or misleading in a material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

62.—F53[…]

63.—A house shall for the purposes of this Act be deemed to be overcrowded at any time when the number of persons ordinarily sleeping in the house and the number of rooms therein either—

(a) are such that any two of those persons, being persons of ten years of age or more of opposite sexes and not being persons living together as husband and wife, must sleep in the same room, or

(b) are such that the free air space in any room used as a sleeping apartment, for any person is less than four hundred cubic feet (the height of the room, if it exceeds eight feet, being taken to be eight feet, for the purpose of calculating free air space),

and “overcrowding” shall be construed accordingly.

64.—(1) A housing authority may for the purposes of this Part of this Act by notice in writing require the owner or occupier of a house to state in writing to the authority, within a period specified in the notice, being not less than fourteen days beginning on the date of the notice, the following particulars:

(a) the total number and the dimensions of the rooms in the house;

(b) the purpose for which each such room is currently used;

(c) the number of occupants in the house on a date specified in the notice;

(d) the sanitary and cooking facilities available to such occupants; and

(e) such other particulars relating to the house as the authority may specify in the notice.

(2) Any person who is required by a notice under this section to state in writing any matter or thing to a housing authority and either fails to state such matter or thing within the period specified in the notice or, when so stating such matter or thing, makes any statement which to his knowledge is false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.

65.—(1) A housing authority may, if they think fit, serve on the owner of a house a notice in writing specifying the maximum number and categories of persons, by whom, having regard to section 63 of this Act, the house or any room therein may at any time be occupied without causing overcrowding, and the authority may, as respects any notice served under this section, require the owner on whom it is served to publish, in such manner as the authority may specify, the contents of the notice.

(2) Where the owner of a house is causing or permitting the house to be overcrowded, the housing authority may, if they think fit, serve on such owner a notice in writing requiring him to desist from causing or permitting such overcrowding and specifying the period, being not less than twenty-one days beginning on the date of the notice, within which, or the event after the occurrence of which, the requirements of the notice are to be complied with.

(3) Any person who neglects or refuses to comply with a requirement of a housing authority to publish the contents of a notice under subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.

(4) Where a notice has been served under subsection (2) of this section and the person on whom the notice has been served, at any time after the expiration of the period or the occurrence of the event specified in the notice, causes or permits the house to which the notice relates to be overcrowded, he shall, subject to subsection (5) of this section, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for a term not exceeding one month or to both such fine and imprisonment.

(5) Where a house which would not otherwise be overcrowded becomes overcrowded by reason of the increase in the age or in the number of children of the person by whom the house is occupied, the owner of the house shall not be guilty of an offence under subsection (4) of this section.

(6) Notwithstanding subsection (1) of section 121 of this Act, on the commencement of this section bye-laws made under section 62 of the Housing of the Working Classes Act, 1890, or section 20 of the Housing (Ireland) Act, 1919, shall, in so far as they relate to overcrowding, cease to have effect.

66.—(1) Where a housing authority are of opinion that a house is unfit for human habitation in any respect, the authority shall, unless they are also of opinion that the house is not capable of being rendered so fit in such respect at a reasonable expense, serve on the owner of the house and, in so far as it is reasonably practicable to ascertain such person, on any other person having an interest in the house whether as mortgagee, tenant or otherwise, a notice in writing (in this Act referred to as a repairs notice) specifying the matters in respect of which it is alleged that the house is unfit for human habitation and requiring the owner to execute, within a period specified in the notice, being not less than twenty-eight days beginning on the date of the notice, such works as may be necessary to make the house, as respects the matters specified in the notice, fit for human habitation, and in particular, a repairs notice may, if the authority think fit, specify the works which are, in the opinion of the authority, necessary to make the house so fit for human habitation or to prevent the structure of the house deteriorating, and such owner, his servants or agents shall carry out the works necessary to comply with the requirements of the notice and may, for that purpose, enter on any land.

(2) The housing authority in considering whether a house is unfit for human habitation shall have regard to the extent (if any) to which the house is deficient as respects each of the matters set out in the Second Schedule to this Act.

(3) The housing authority shall, in determining for the purposes of this section whether a house is in any respect capable of being rendered fit for human habitation at a reasonable expense, have regard to the estimated cost of, and the increase in the value of the house which the authority estimate will be attributable to, rendering the house so fit.

(4) Where the housing authority are of opinion that a house is unfit for human habitation in any respect and is not capable of being rendered so fit in such respect at a reasonable expense, they shall serve upon the owner of the house and, in so far as it is reasonably practicable to ascertain such persons, on any other person having an interest in the house, whether as mortgagee, tenant or otherwise, notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the house and any offer with respect to the carrying out of works, or the future use of the house, which the owner may wish to submit will be considered by the authority, and every such person shall be entitled to be heard when the matter is so considered.

(5) Where a housing authority have served a notice under subsection (4) of this section, they may, if they think fit, after consultation with the owner of or any person having an interest in the house to which the notice relates, accept an undertaking from him, either that he will within a period specified in the undertaking carry out such works as will, in the opinion of the authority, render the house fit for human habitation, or that the house shall not be used for human habitation until the authority, on being satisfied that it has been rendered fit for the purpose, cancel the undertaking.

(6) In case no undertaking is accepted under subsection (5) of this section by the housing authority, or in case an undertaking has been accepted and any work to which the undertaking relates is not carried out within the period specified in the undertaking, or in case the house is at any time used in contravention of the terms of the undertaking, the authority shall forthwith make one of the following:

(a) an order (in this Act referred to as a closing order) prohibiting the use of the house or any part of the house, for any purpose specified by the housing authority in the order; or

(b) an order (in this Act referred to as a demolition order) requiring, in case an undertaking is so accepted, the person giving the undertaking, or, in any other case, the owner of the house, to do the following:

(i) within a period specified in the order, being not less than twenty-eight days beginning on the date of the order, to vacate the house or cause the same to be vacated and upon such vacation, to secure the house against re-occupation; and

(ii) within six weeks after the expiration of the period so specified, or if the house is not vacated within such period, within six weeks after the date on which it is vacated, or in either case within such longer period as in the particular circumstances the housing authority consider reasonable to specify, to demolish the house and clear and level the site thereof and remove any debris therefrom and, if the authority think fit, to erect a wall or barrier between any open road, street or public place,and any person, his servants or agents, may, for the purpose of complying with the requirements of the demolition order, enter on any land.

(7) A demolition order may, as respects any works the execution of which is necessary for compliance with the requirements of the order, require that the works be carried out in accordance with such conditions F54[(including conditions requiring the taking of such reasonable steps as will ensure that the works, either while being carried out or when completed, will neither cause injury to any adjoining or adjacent building nor interfere with the stability thereof)], if any, specified in the order as the authority think appropriate and in such manner as may be specified in the order.

(8) Where a housing authority have made a demolition order in respect of a house, the authority may, if they think fit, accept from the owner or from any other person having an interest in the house, an undertaking that the house or any part thereof shall thenceforth be used solely for a purpose other than human habitation and specified in the undertaking.

(9) In case a housing authority accept an undertaking under subsection (8) of this section, the following provisions shall apply:

(a) the authority shall, as respects the house or part thereof to which the undertaking relates, thereupon make a closing order under subsection (6) of this section;

(b) upon the making of the closing order the demolition order mentioned in the said subsection (8) shall—

(i) in case it is already operative, cease to be operative,

(ii) in case it has not become operative, remain inoperative,

for so long as, but only for as long as, the closing order remains operative; and

(c) if the house or any part thereof is at any time used in contravention of the terms of the undertaking, the authority shall, notwithstanding subsection (10) of this section, forthwith determine the closing order.

(10) Where a housing authority have made a closing order in respect of a house, the authority may, at any time not less than six months after the making of the order, determine the order and make a demolition order in respect of the house.

(11) Where a housing authority are satisfied that the premises to which a closing order relates or part of such premises have or has been rendered fit for human habitation—

(a) in case the authority are so satisfied as respects such premises, they shall determine the order, or

(b) in case the authority are so satisfied as respects part of such premises, they may, if they think fit, determine the order in so far as it relates to that part,

and notwithstanding paragraph (b) of subsection (9) of this section, a demolition order shall not become operative by reason only of the fact that the authority have determined a closing order under this subsection.

(12) A housing authority shall, as soon as may be after making a closing order or demolition order or determining a closing order either in whole or in part, serve a copy of the order or notice in writing of the determination on the owner of the house, and, in so far as it is reasonably practicable to ascertain such person, on any other person having an interest in the house.

(13) For the purposes of this Part of this Act, a repairs notice, demolition order or closing order shall become operative;

(a) in case an appeal is made under section 72 of this Act against the notice or order and the court, on such appeal, confirms the notice or order with or without modifications, alterations or additions—on the determination of the appeal by the court or on such other date as the court may decide,

(b) in any other case—on the expiration of the period ending twenty-one days after the date of the service of the notice or the copy of the order.

(14) Whenever a demolition order has become operative, the housing authority shall serve on the occupier of the house to which the order relates a notice in writing stating the effect of the order and specifying the date by which the order requires the house to be vacated and requiring him to quit the house before the said date or before the expiration of twenty-eight days from the service of the notice, whichever is the later, and if at any time after the date on which the notice requires the house to be vacated any person is in occupation of the house, or of any part thereof, the authority or the owner of the house may apply to the justice of the District Court having jurisdiction in the district court district in which the house is situate for the issue of a warrant under this section.

(15) Upon hearing an application duly made under subsection (14) of this section, the justice of the District Court hearing the application shall, in case he is satisfied that the notice required by this section has been duly given and the requirement of the notice has not been complied with, issue the warrant.

(16) The provisions of sections 86, 87 and 88 of the Act of 1860 shall apply in respect of the issue of a warrant under this section and the warrant when so issued shall have the same effect as a warrant under the said section 86.

(17) Nothing in the Landlord and Tenant Acts, 1931 and 1958, or the Rent Restrictions Act, 1960, shall, as respects premises to which a F55[…] closing order, demolition order or undertaking accepted under this section relates, prevent—

(a) the owner of the premises,

(b) the person from whom the undertaking was accepted, or

(c) the housing authority,

from obtaining possession of the said premises.

67.—(1) Whenever a repairs notice, a closing order or a demolition order has become operative or a housing authority have accepted an undertaking under subsection (5) or (8) of section 66 of this Act, the authority may affix to or near the premises to which the notice, order or undertaking relates, a notice complying with the requirements of subsection (2) of this section.

(2) A notice affixed under the foregoing subsection shall, state that the repairs notice, closing order or demolition order has become operative or that the undertaking has been accepted by the housing authority, as the case may be, specify the premises to which the order or undertaking relates and state the penalties which may be imposed under subsection (1) or (2) of section 68 of this Act in respect of the use or permitted use of the premises in contravention of the said section 68, together with the substance of subsection (3) of this section.

(3) A person who defaces a notice affixed under this section, or who, without lawful authority, removes the notice, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.

68.—(1) Any person who, knowing that a repairs notice has been served and applies to a house and that the notice has not been complied with, uses the house for human habitation at a time immediately before which the house was vacant, or permits it to be so used, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds, or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both such fine and imprisonment.

(2) Any person who, knowing that a closing order or a demolition order has become operative and applies to a premises, or that an undertaking has been accepted under this Part of this Act that premises shall not be used or shall be used only for certain purposes specified in the undertaking, uses the premises in contravention of the terms of the order or undertaking, or permits them to be so used, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both such fine and imprisonment.

(3) Where—

(a) a person has been convicted of an offence under subsection (1) of this section in relation to a repairs notice or under subsection (2) of this section in relation to a closing order, a demolition order or an undertaking,

(b) after the date of the conviction the person, in case he has been convicted under subsection (1) of this section, uses or permits to be used for human habitation premises to which the notice relates, or in case he has been convicted under subsection (2) of this section, uses or permits to be used premises to which the order or undertaking relates in contravention of the terms of the order or the undertaking,

(c) at the time of such user the notice has not been complied with or the order or undertaking is, as respects the premises so used or permitted to be so used, still in force,

the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(4) An offence under subsection (3) of this section shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.

(5) In any proceedings under this section against a person for permitting the use for human habitation of premises to which a repairs notice, a closing order, a demolition order or an undertaking applies, it shall be presumed that the person permitted such use unless, without prejudice to any other defence, he shows that he did not receive, directly or indirectly, any payment or other valuable consideration in respect of the use and that he took appropriate action to terminate the use.

(6) Where a closing order or demolition order has become operative in respect of premises or an undertaking has been accepted as aforesaid that a premises shall not be used for certain purposes specified in the undertaking, it shall not be lawful for any person to require the payment of any sum or the giving of any valuable consideration in respect of the use of the premises in contravention of the terms of the order or undertaking, and where such payment or consideration is made or given in respect of any such use the amount or value thereof may be recovered as a simple contract debt in any court of competent jurisdiction.

69.—(1) If the requirements of a repairs notice or demolition order have not been complied with in any respect, then, after the expiration of the period for compliance specified in the notice or order, or if an appeal has been made under section 72 of this Act against the notice or order and upon the appeal the notice or order has been confirmed with or without variation, after the expiration of twenty-one days from the final determination of the appeal or of such longer period as the court may in determining the appeal allow, the following provisions shall apply:

(a) the owner of the house to which the notice or order relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds, and

(b) the housing authority may do anything required to be done by the notice or order, or by the notice or order as varied by the court, and for that purpose the authority, their servants or agents may enter any land.

(2) Where a housing authority are about to enter a house for the purpose of doing any works under subsection (1) of this section, the authority may give notice of their intention to do so to the owner of the house and, at their discretion, to any other person having an interest in the house whether as mortgagee, tenant or otherwise, and if at any time after the expiration of seven days from the service upon him of such notice and whilst any workman or contractor employed by the authority is carrying out works in the house any person upon whom the notice was served or any workman employed by him, or by any contractor employed by him, is in the house for the purpose of carrying out any works, the person upon whom the notice was served shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds, unless he proves to the satisfaction of the court before which he is charged that there was urgent necessity to carry out the said works in order to obviate danger to occupants of the house.

70.—F56[…]

71.—(1) Where any expenses have been incurred by a housing authority under subsection (14) of section 66, section 69 or section 70 of this Act in relation to a house, the authority may make a demand in writing of the owner of the house for payment thereof and if after the expiration of fourteen days from the date of the demand, the expenses or any part thereof have not been paid or an offer by the owner to pay the expenses in instalments or otherwise has not been accepted by the authority, the amount which is unpaid together with interest, at the rate of interest at which the authority can, on the date when the demand is made, borrow from the local loans fund, may, without prejudice to any other method of recovery, be recovered either in whole or in part by the authority in one or more of the following ways:

(a) by the sale by the authority of any materials resulting from any works carried out by the authority in relation to the house and the retention by them of so much of the proceeds of the sale as is equal to the amount of such expenses, with interest;

(b) by requiring the occupier of the house (whether the occupation commenced before or after any of the expenses were incurred by the authority) to pay to the authority any rent or payment in lieu of rent then due or thereafter to become due by him until the amount of the expenses with any interest due thereon is paid to the authority, or in case the house is or becomes vacant, by letting the same, until the said amount is so paid, on such terms and conditions as the authority think fit, provided that the authority shall serve on the owner of the house not less than twenty-one days' notice either, as may be appropriate, of their intention to require the occupier to pay to them any rent or other payment so due, or of the terms and conditions upon which they propose so to let the house or of any variation which they propose to make in such terms and conditions;

(c) by making an order (in this section referred to as a charging order) charging the house and, at the discretion of the housing authority, all other premises held therewith by the same tenure or under the same tenancy, with the amount of the expenses, with interest thereon;

(d) by recovery from the owner of the house or the person receiving the rent of the house as a simple contract debt in a court of competent jurisdiction, provided that, if the person proves that he is receiving the rent merely as an agent or trustee for some other person, and has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority, his liability shall be limited to the total amount of the money which he has, or has had, in his hands as aforesaid.

(2) Any surplus moneys arising on a sale pursuant to paragraph (a) of subsection (1) of this section shall be paid by the housing authority to the owner of the house, or if there is more than one owner, to each such owner in such proportions as the owners may agree, or (in default of agreement) as the justice of the District Court, having jurisdiction in the district court district in which the house is situate may, on the application of any such owner, determine.

(3) The service of a notice under paragraph (b) of the said subsection (1) upon an owner shall operate to transfer to the housing authority the exclusive right to recover, receive and give a discharge for the rent or other payment payable by virtue of the said subsection (1) to the authority and if at any time during the period when the rent or other payment is so receivable by the authority, the owner, after being requested by the authority, refuses to execute as respects the house any maintenance or other works for which he as owner is liable, the authority may execute the works and any expenses incurred by the authority in executing the works shall be recoverable by the authority in like manner as if such expenses were expenses incurred by the authority under the said subsection (14) of section 66, the said section 69 or the said section 70 in relation to the house.

(4) A charging order shall be deemed to be a F57[legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009], and the housing authority shall be the mortgagees for the purposes of F58[that Act] and shall accordingly have, in relation to every charging order, all the powers conferred by F58[that Act] on mortgagees under mortgages made by deed.

(5) Wherever a housing authority make a charging order they shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or by the registering authority, as the case may require.

(6) A charging order affecting land registered by the registering authority shall be registerable by that authority as a burden affecting such land whether the person named in such order as the owner or the occupier of the land is or is not registered by the said authority as the owner of such land.

(7) Where—

(a) land is offered for sale by the Irish Land Commission under any statutory power in that behalf vested in them, and

(b) such land is subject to a charging order,

the land shall be sold subject to the charge created by the order in addition to any other charge, encumbrance, or liability subject to which such land is, apart from this subsection, required by law to be sold.

(8) In calculating expenses described in this section, any costs incidental to the recovery of the amount due, including costs in relation to proceedings in the District Court or in relation to the registration of a charging order in the Registry of Deeds or by the registering authority, shall be included by the housing authority, and the amount of a grant made under any enactment (including this Act) in respect of works to which the expenses relate, together with, if the housing authority think fit, the amount of any supplementary grant which could be made by the housing authority in respect of the works, shall be deducted by the housing authority.

72.—(1) Any person aggrieved by—

(a) a repairs notice, a closing order, a demolition order, or a refusal to determine a closing order,

(b) a charging order under paragraph (c) of subsection (1) of section 71 of this Act,

(c) a demand for the recovery of expenses incurred by a housing authority in doing anything required to be done by a repairs notice or a demolition order,

(d) a requirement that a rent or a payment in lieu of rent be paid to a housing authority, a notice or a letting under or by virtue of paragraph (b) of subsection (1) of section 71 of this Act,

may, within the period ending twenty-one days after the date of the service of the notice or copy of the order, the making of the demand, or after the refusal, as the case may be, appeal to the Circuit Court;

Provided that—

(i) on an appeal in relation to a demand for the recovery of expenses incurred by a housing authority in doing anything required to be done by a repairs notice or a demolition order, no question shall be raised which might have been raised on an appeal against the notice or order, and

(ii) no appeal shall lie under paragraph (a) of this subsection in relation to a closing order at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.

(2) On the hearing of any appeal under this section, the Circuit Court may, as it thinks proper,—

(a) confirm the notice, demand, order, refusal, letting or requirement unconditionally,

(b) confirm the notice, demand, order, letting or requirement, subject to such modifications, alterations or additions as the Court thinks reasonable,

(c) annul the notice, demand, order, letting or requirement, or

(d) determine the closing order.

(3) The Circuit Court may accept such undertaking as might have been accepted by the housing authority, and any undertaking so accepted by the Circuit Court shall have the like effect as if such undertaking had been given to and accepted by the housing authority under this Part of this Act.

(4) Where the Circuit Court annuls a repairs notice it shall, if requested by the housing authority so to do, include in its judgment a finding whether the premises can or cannot be rendered fit for human habitation at a reasonable expense.

73.—(1) Where a housing authority have made a demolition order in respect of a house and the authority have not accepted an undertaking under subsection (8) of section 66 of this Act, and the house forms the subject matter of a lease, either the lessor or the lessee may apply to the Circuit Court for an order determining the lease.

(2) Upon any application under subsection (1) of this section the Circuit Court, after giving to any sub-lessee an opportunity of being heard, may, if it thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as the court may think just and equitable to impose, regard being had to the respective rights, obligations and liabilities of the parties under the lease and all the other circumstances of the case.

(3) In this section, “lease” includes an underlease and any tenancy or any agreement for a lease, under-lease, or tenancy, and “lessor”, “lessee”, and “sub-lessee” shall be construed accordingly, and as including also a person deriving title under a lessor, lessee or sub-lessee.

74.—No action taken under section 65, 66 or 69 of this Act shall prejudice or affect any other powers (including a power under this Act) of the housing authority or any remedy available to a tenant against a landlord, or to a landlord against a tenant, either at common law or otherwise.

75.—In this Part and the Third Schedule to this Act—

(a) references to the Lands Clauses Acts shall be construed as references to those Acts (other than the Acquisition of Land (Assessment of Compensation) Act, 1919) as amended by the Second Schedule to the Act of 1890 and this Act;

(b) “the Acquisition of Land (Assessment of Compensation) Act, 1919”, means the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925, the Property Values (Arbitrations and Appeals) Act, 1960, and the Local Government (Planning and Development) Act, 1963;

(c) “the Act of 1890” means the Housing of the Working Classes Act, 1890;

(d) “house” means a building which is—

(i) wholly or principally used on the relevant date for human habitation, or

(ii) neither wholly nor principally used for human habitation on the relevant date but which, when last wholly or principally used, was so used for human habitation,

and includes any yard, outoffices or appurtenances, garden or other land belonging thereto or usually enjoyed therewith;

(e) “owner” means in relation to land a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term whereof exceeds three years;

(f) “relevant date” means in relation to a house the date on which the notice as respects the making of the compulsory purchase order relating to the house is published in accordance with article 4 of the said Third Schedule.

76.—A housing authority acquiring land compulsorily for the purposes of this Act may be authorised to do so by means of a compulsory purchase order made by the authority and submitted to and confirmed by the Minister in accordance with the provisions contained in the Third Schedule to this Act.

77.—A housing authority may be authorised to acquire compulsorily for the purposes, and in accordance with section 76, of this Act, land not immediately required for those purposes, provided that the Minister is of opinion that there is reasonable expectation that the land will be required by the authority in the future in order to attain any of the objectives to which they are required by subsection (3) of section 55 of this Act to have regard in preparing a building programme.

78.—(1) As soon as may be after the Minister has made a confirmation order confirming a compulsory purchase order, whether in respect of all or part of the land to which the compulsory purchase order relates, the housing authority shall publish in a newspaper circulating in their functional area a notice in the prescribed form stating that the compulsory purchase order has been confirmed as respects all or part of the land, as the case may be, and naming a place where a copy of the compulsory purchase order as so confirmed and of the map referred to therein may be seen at all reasonable times and shall serve a like notice on every person having an interest in the land as respects which the compulsory purchase order has been confirmed who, having given notice to the Minister of his objection to the compulsory purchase order, appeared at the local public inquiry in support of his objection.

(2) If any person aggrieved by a compulsory purchase order which has been confirmed by the Minister (whether in respect of all or part of the land to which the compulsory purchase order relates) desires to question its validity he may, not later than three weeks after the publication of notice of the confirmation order, make an application for the purpose to the High Court, and where any such application is duly made the court—

(a) may by interim order suspend the operation of the compulsory purchase order as so confirmed either generally or in so far only as it affects any property of the applicant until the final determination of the proceedings;

(b) if satisfied upon the hearing of the application that the compulsory purchase order as so confirmed is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order as so confirmed either generally or in so far only as it affects any property of the applicant.

(3) A compulsory purchase order as confirmed by a confirmation order shall—

(a) as respects the land to which the confirmation order relates;

(i) in case no application mentioned in subsection (2) of this section is made or in case such application is withdrawn—become operative at the expiration of the period ending twenty-one days after the notice required by subsection (1) of this section is published, or the withdrawal of the application, or

(ii) in case such an application is made and is not withdrawn, and the court decides neither to quash the order as confirmed as aforesaid, nor to quash the order in so far only as it affects any property of the applicant—become operative on the date of the determination of the application,

(b) in case an application mentioned in subsection (2) of this section is made and is not withdrawn, and the court decides to quash the order in so far only as it affects any property of the applicant—become operative, on the date of the determination of the application, in so far as it affects any property other than the said property of the applicant.

(4) Subject to the provisions of subsection (2) of this section, a person shall not question a compulsory purchase order by prohibition or certiorari or in any legal proceedings whatsoever.

(5) So soon as may be after a compulsory purchase order has become operative, the housing authority shall serve a copy thereof on every person on whom a notice was served by them of their intention to submit the order to the Minister for confirmation.

79.—(1) Where a compulsory purchase order made and confirmed under this Act has become operative and the housing authority decide to acquire land to which the order relates, the authority shall serve a notice (in this Part referred to as a notice to treat) on every owner, lessee and occupier of the land F59[…] stating that they are willing to treat for the purchase of the several interests in the land and requiring each such owner, lessee and occupier to state within a specified period (not being less than one month from the date of service of the notice to treat) the exact nature of the interest in respect of which compensation is claimed by him and details of the compensation claimed, and, if the authority so require, distinguishing separate amounts of the compensation in such manner as may be specified in the notice to treat and showing how each such amount is calculated.

(2) A notice to treat served under subsection (1) of this section shall be deemed to be a notice to treat for the purposes of the Acquisition of Land (Assessment of Compensation) Act, 1919.

80.—(1) Where a housing authority are by a compulsory purchase order made and confirmed under this Act authorised to acquire land compulsorily for the purposes of this Act, the authority may, at any time after the service of notices to treat in respect of the land, on giving not less than fourteen days' notice in writing to every owner, lessee and occupier of the land, enter on, take possession of and use the land or such part thereof as may be specified in the notice without previous consent of any such owner, lessee or occupier or compliance with the provisions of the Lands Clauses Acts relating to entry on lands and the authority shall be liable to the payment of the like compensation as if the said provisions of the Lands Clauses Acts had been complied with and to payment of interest upon such compensation as from the date of such entry.

(2) Where a housing authority—

(a) agree to purchase land and the purposes for which the land is being acquired are purposes of this Act, or

(b) propose to appropriate land to any purpose of this Act,

subject to the interest of the person in possession thereof, and that interest is not greater than that of a tenant for a year or from year to year then, at any time after the agreement has been made or the consent to the appropriation has been given by the appropriate Minister within the meaning of section 85 of this Act, the authority may, after giving to the person so in possession twenty-one days' notice in writing, without previous consent, enter on, take possession of and use the land or such part thereof as is specified in the notice but subject to the payment to the person so in possession of the like compensation together with interest upon such compensation as from the date of such entry as if the authority had been authorised to acquire the land compulsorily and the person had in pursuance of the authorisation been required to quit possession before the expiration of his term or interest in the land, but without the necessity of compliance with the provisions of the Lands Clauses Acts relating to entry on lands.

81.—(1) Where a housing authority have entered on and taken possession of land in accordance with the powers conferred upon them by section 80 of this Act and where, after the expiration of six months from the date of such entry—

(a) the several interests in the land have not been conveyed or transferred to the authority,

(b) the authority consider that it is urgently necessary, in connection with the purposes for which they have been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

(c) the authority have made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his interest to enable the authority to make a proper offer for such interest,

the authority may by order (in this Act referred to as a vesting order) acquire the land.

(2) Where a housing authority, before making a vesting order, become aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge for estate duty or succession duty payable to the Revenue Commissioners on the death of any person, the authority shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.

(3) When a housing authority make a vesting order they shall within seven days after making the order—

(a) publish in one or more newspapers circulating within their functional area a notice stating that the order has been made, describing the land referred to therein and naming a place where a copy of the order may be seen at all reasonable times, and

(b) serve on every person appearing to them to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.

82.—(1) A vesting order shall be in the prescribed form and shall have attached thereto a map of the land to which it applies and it shall be expressed and shall operate to vest the land in the housing authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way) on a specified date (in this Act referred to as the vesting date) not earlier than twenty-one days after the making of the order.

(2) Notwithstanding anything in subsection (1) of this section, where a housing authority have acquired by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the authority by the owner thereof on that date.

(3) When a housing authority make a vesting order in relation to any land, they shall send the order to the registering authority and thereupon the registering authority shall cause the housing authority to be registered as owner of the land in accordance with the order.

83.—(1) F60[…]

(2) Upon the completion by a housing authority of the acquisition by them, otherwise than by vesting order, of any land for the purposes of this Act, all private rights of way and all rights of laying down, erecting, continuing or maintaining any pipes, sewers, drains, wires or cables on, under or over that land (together with the property in those pipes, sewers, drains, wires or cables) and all other rights or easements in or relating to that land shall, except so far as may be otherwise agreed by the authority and the person entitled to the right in question, vest in the authority without any conveyance or transfer, and any person who suffers loss by the vesting by virtue of this subsection of any such right or property shall be entitled to be paid by the authority compensation to be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

84.—(1) Where land is acquired compulsorily by a housing authority for the purposes of this Act, the compensation payable in respect thereof shall be;

(a) in the case of land consisting of a house mentioned in article 3 of the Third Schedule to this Act—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part I of the Fourth Schedule to this Act,

(b) in the case of any other land—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part II of the Fourth Schedule to this Act.

(2) Subject to subsection (1) of this section and to paragraph (l) of article 2 of the said Third Schedule, the compensation payable in respect of such land shall be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919.

85.—F61[…]

86.—(1) The following section shall be substituted for section 10 of the Act of 1960—

(2) In construing a compulsory purchase order made by virtue of the said section 10, the reference in any enactment incorporated therein which, but for this subsection, would by virtue of sub-article (5) of article 5 of the Third Schedule to this Act be construed as a reference to a housing authority, shall be construed as a reference to a local authority.

87.—F62[…]