Housing Act 1966

Enforcement of repairs notice or demolition order.

69

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.

Annotations:

Modifications (not altering text):

C39

Subss. (1)(a), (2) 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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