Housing Act 1966

Recovery of possession in certain circumstances of houses and dwellings sold or leased by housing authority.

107

107. (1) If during the payment period—

( a) the owner of a house sold or leased under section 11 of the Housing (Ireland) Act, 1919, cannot be found or ascertained,

( b) a special condition applying as respects a dwelling is not complied with, or

( c) the owner of a dwelling sold or leased under section 90 of this Act cannot be found or ascertained,

the housing authority may (without prejudice to any other method of recovering possession) subject to the provisions of this section, apply to the justice of the District Court having jurisdiction in the district court district in which the house or dwelling is situate for the issue of a warrant under this section.

(2) Before making an application under subsection (1) of this section in relation to the non-compliance with a special condition applying as respects a dwelling, the housing authority shall give to the owner of the dwelling not less than twenty-one days' notice in writing of their intention to make the application and every such notice shall state the grounds on which the application is to be based.

(3) Upon the hearing of an application under subsection (1) of this section grounded upon non-compliance with the special condition mentioned in paragraph ( b) of section 89 of this Act, it shall be presumed, until the contrary is proved, that the condition has not been complied with.

(4) Upon the hearing of an application duly made under subsection (1) of this section, the justice of the District Court hearing the application shall—

( a) in case he is satisfied that the notice required by this section has been duly given and that a special condition mentioned in the notice has not been complied with, or

( b) in case he is satisfied that the owner of the house or dwelling cannot by reasonable enquiry be found or ascertained and on an undertaking being given by the authority in accordance with subsection (7) of this section,

issue the warrant.

(5) 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 subject to the modification that where as respects an application under subsection (1) of this section, the name of the owner of a house or dwelling cannot by reasonable enquiry be ascertained, a summons under the said section 86 may be addressed to “the owner” without naming him, and the warrant when so issued shall have the same effect as a warrant under the said section 86.

(6) Whenever a warrant is issued under this section and a housing authority recover possession of a house or dwelling by virtue of the warrant, the following provisions shall have effect:

( a) all the estate, right, interest and title of the person to whom the house or dwelling was leased or sold, and any other person claiming through or under him shall vest in the authority without any conveyance or transfer and thereupon the house or dwelling shall for all purposes be deemed to be a dwelling provided under this Act;

( b) all the terms or conditions, including any special condition, applied to the dwelling by virtue of this Part shall cease to apply thereto.

(7) In a case in which the owner cannot be found or ascertained, the housing authority may, at the hearing of an application under subsection (1) of this section, give to the court, as respects the relevant house or dwelling, an undertaking in writing to pay in accordance with an order of the court under subsection (8) of this section the appropriate amount or part thereof together with interest F75 [ 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 ], and calculated as respects the period beginning on the date of the undertaking and ending either on the date of the direction of the court under the said subsection (8) or twelve years after such date, whichever is the earlier.

(8) Any person who, but for the provisions of subsection (6) of this section, would be entitled to all or part of the estate, right, interest and title in a house or dwelling mentioned in subsection (1) of this section and as respects which an undertaking is given under subsection (7) of this section, may make an application to the justice of the District Court having jurisdiction in the district court district in which the house or dwelling is situate for an order under this subsection and on the hearing of the application the justice may, if satisfied that the applicant would, but for the provisions of the said subsection (6) be entitled as aforesaid, order the payment to the applicant by the housing authority by whom an undertaking under the said subsection (7) was given of the appropriate amount and interest, or so much thereof as he shall in the particular circumstances of the case consider appropriate.

(9) In this section—

the appropriate amount” means the value of the aggregate of any moneys paid to a housing authority in respect of the sale or lease by the authority of a house or dwelling mentioned in subsection (1) of this section and in relation to which the application is brought under subsection (8) of this section;

cottage” means a cottage within the meaning of section 93 of this Act;

payment period” means the period for payment to the housing authority of purchase or other money or of rent in respect of the relevant house or dwellings;

special condition” means a special condition within the meaning of section 89 of this Act.

Annotations:

Amendments:

F75

Substituted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 1 item 2, S.I. No. 449 of 2009.

Modifications (not altering text):

C55

Application of section restricted (19.08.1988) by Housing Act 1988 (28/1988), s. 17(3), S.I. No. 199 of 1988.

Mortgage of houses sold or leased by housing authorities.

17.— ...

(3) Notwithstanding section 107 of the Principal Act, a housing authority shall, before making an application for a warrant under subsection (1) of that section in respect of a house sold or leased by them, give to a mortgagee in whose favour a mortgage on the house has been effected not less than two months’ notice in writing of the authority’s intention to make the application, and every such notice shall state the grounds on which the application is to be based.