Housing Act 1966

Management and control of certain dwellings and of any ancillary amenities, works or services provided in connection therewith.

58

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.

Annotations:

Amendments:

F47

Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 14, S.I. No. 329 of 2002.

F48

Repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.

Modifications (not altering text):

C31

Prospective affecting provision: section repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.

58. F48 [ ]

C32

Application of section restricted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 3(8)(b)(i), S.I. No. 223 of 1992; section repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.

Granting of shared ownership leases by housing authorities, etc.

3.— ...

(8) ...

(b) The following provisions shall not apply in relation to a house during a period it is leased under a shared ownership lease by a housing authority, that is to say:

(i) section 58 of the Principal Act;

...

Editorial Notes:

E152

Power pursuant to subs. (4) exercised (1.01.2012) by Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011), in effect as per reg. 2.

E153

An tArd-Chláraitheoir enabled to give prescribed, otherwise restricted, information to a housing authority for determination of payment under section (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 66(j), S.I. No. 764 of 2005; substituted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 8, not commenced as of date of revision.

E154

Housing Authority required to adopt policy for performance of functions under subs. (1) and keep it under review (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 9(1), S.I. No. 223 of 1992; repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.

E155

Power pursuant to section exercised (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

E156

Previous affecting provision: application of section extended (19.08.1988) by Housing Act 1988 (28/1988), s. 20(3), S.I. No. 199 of 1988; repealed (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, S.I. No. 83 of 2011.

E157

Previous affecting provisions: power pursuant to section exercised (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), art. 5 and sch. 1.

E158

Previous affecting provisions: power pursuant to section exercised (13.04.1967) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (S.I. No. 71 of 1967); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.