Housing Act 1966

Restriction on user of premises to which repairs notice, closing order, demolition order or undertaking applies.

68

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.

Annotations:

Modifications (not altering text):

C38

Subss. (1), (2) and (3)(b) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992. The maximum fine of £1,000 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6, S.I. No. 662 of 2010.

Increase in fines, etc.

33. (1) ( a) Any person convicted of an offence for which a fine is provided under a provision referred to in paragraph (b) shall, in lieu of that fine, be liable to a fine not exceeding £1,000 and those sections shall be construed and have effect accordingly.

(b) The provisions to which paragraph (a) relates are as follows:

(i) in the Principal Act, sections 3(5), 4(2) and 61(2), subsection (7) (inserted by the Housing Act, 1970) of section 62, section 64(2), subsections (3) and (4) of section 65, section 67(3), subsections (1), (2) and (3)( b) of section 68 and subsections (1)(a) and (2) of section 69, and

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