Housing Act 1966

Power of housing authority to sell or lease certain dwellings provided under this Act.

90

F66 [ 90. (1) Subject to the provisions of this section and to such regulations as may be made by the Minister for the purposes of this section, a housing authority may sell a dwelling in the state of repair and condition existing at the date of the sale

( a ) where the dwelling is occupied by a tenant

(i) F67 [ ]

(ii) to another housing authority, or

(iii) to a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992;

( b ) where the dwelling is not occupied by a tenant, to any person (including another housing authority).

(2) F67 [ ]

(3) F67 [ ]

F68 [ (4) ( a ) Subject to any regulations made under this section, section 183 of the Local Government Act, 2001, shall apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a), or paragraph (b), of subsection (1) of this section but shall not otherwise apply to the sale of a dwelling under this section.

( b ) This subsection is without prejudice to the application of section 183 of the Local Government Act, 2001, to the disposal of land by a housing authority under section 211 of the Planning and Development Act, 2000 , and for the purposes of this paragraph land does not include a dwelling. ]

(4A) F67 [ ]

(5) A sale of a dwelling under this section shall be effected by means of an order (in this section referred to as a transfer order ) made by the housing authority which shall be expressed and shall operate to vest, on the date specified in the order, the interest specified therein, subject to such terms and conditions, including special conditions, as may be specified therein.

(6) Where a dwelling, being a separate and self-contained flat in premises divided into two or more such flats, is sold under this section, a housing authority may

( a ) make a periodic or other charge on the purchaser in respect of the management, control, maintenance or improvement of the areas, works or services in the said premises that are common to two or more such dwellings where such functions are performed by the authority,

( b ) as respects any sum due to them under paragraph ( a ) of this subsection and remaining unpaid after the due date

(i) secure payment of the sum by charging the dwelling under the Registration of Title Act, 1964 ,

(ii) without prejudice to subparagraph (i) of this paragraph, recover the sum as a simple contract debt in any court of competent jurisdiction,

( c ) subject to the requirements of regulations (if any) under this section, transfer the ownership or control of the areas, works or services in the said premises that are common to two or more such dwellings to a company or other body having as an object the management, control, maintenance or improvement of the said premises, areas, works or services.

(6A) F67 [ ]

(7) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the following:

( a ) F69 [ ]

( b ) F69 [ ]

( c ) F69 [ ]

( d ) the determination of the amount of the purchase price of a dwelling;

( e ) the determination of any discount or other allowance to be deducted from the purchase price of a dwelling;

( f ) the manner of payment of the purchase money for a dwelling;

( g ) the determination from time to time of the rate of interest (if any) payable to a housing authority on moneys owing to the authority in respect of a dwelling;

( h ) the security (if any) to be taken for moneys owing to a housing authority and the manner of assessing its adequacy;

( i ) the form of, or the matters to be specified in, a transfer order;

( j ) such other terms and conditions, including special conditions and the period for which they shall apply, in relation to the sale of a dwelling as the Minister considers appropriate;

( k ) in case of a sale of a dwelling under paragraph ( a )(iii) of the said subsection (1)

(i) the form of or the matters to be specified in an agreement between the housing authority and the body in relation to the sale of the dwelling;

(ii) the obtaining of the tenant's consent to the sale of the dwelling and the manner of so doing;

(iii) the furnishing of information to the tenant for the purpose of obtaining his consent;

(iv) the tenant's occupation of the dwelling following its sale;

F70 [ ( l ) in the case of a sale under this section, the obtaining of the consent of the Minister to the sale; ] ;

( m ) the application of section 3 of the Housing (Miscellaneous Provisions) Act, 1992, to the sale of a dwelling under this section.

(8) No warranty shall apply or be deemed to be implied as to the state of repair or condition or the fitness for human habitation of a dwelling sold under this section.

(9) Where a housing authority give or have given consent to a mortgage in respect of a dwelling sold by them under this section, the authority shall be regarded as having consented to

( a ) any further or consolidated mortgage effected by the same mortgagor, and

( b ) the exercise by the mortgagee of his powers under either such mortgage.

(10) Where, in relation to a house sold under this section, a written report on the value of a house and any factors likely to affect its value is furnished by a housing authority in connection with the making of a loan by a building society to be secured on the house, the authority may be deemed to be a person competent to value and not disqualified from making a report for the purposes of section 25 (1) ( c ) of the Building Societies Act, 1989 .

(11) ( a ) The power under this section to sell a dwelling, other than a dwelling being a separate and self-contained flat in premises divided into two or more such flats or a dwelling to which regulations made pursuant to paragraph ( m ) of subsection (7) of this section apply, shall, except where the dwelling is vested in another housing authority or a body approved of under section 6 of the Housing (Miscellaneous Provisions) Act, 1992, be exercised only by the vesting of the fee simple in the dwelling.

( b ) The Landlord and Tenant (Ground Rents) Act, 1978 , shall not apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph ( a ) of subsection (1) of this section.

(12) The following additional provisions shall apply in respect of a dwelling to which a special condition described in paragraph ( c ) of section 89 of this Act applies:

F71 [ ( a ) the housing authority may, without prejudice to any other power in that behalf, refuse to consent to a sale of a dwelling if they are of the opinion that

(i) the intended purchaser is not a person in need of housing, or

(ii) the intended purchaser is or has been engaged in antisocial behaviour or that the intended sale of the dwelling would not be in the interest of good estate management, or

(iii) the intended sale would, if completed, leave the seller or any person who might reasonably be expected to reside with that person without adequate housing; ]

( b ) where, in relation to the dwelling

(i) a housing authority give or have given consent to a sale, or

(ii) a mortgagee has exercised his powers of sale under a mortgage,

the condition shall, from the date of such sale, no longer apply;

( c ) any attempted or purported mortgaging, charging or alienation in contravention of the special condition shall be null and void against all persons; provided, however, that in any case where the consent of the housing authority is given after the attempted or purported mortgaging, charging or alienation, such consent shall, if the authority so direct, so operate as to validate with retrospective effect such attempted or purported mortgaging, charging or alienation. ]

Annotations:

Amendments:

F66

Substituted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 26(1), S.I. No. 223 of 1992, subject to transitional provisions in subss. (2) and (3).

F67

Repealed (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 31(a), S.I. No. 482 of 2015.

F68

Substituted (1.01.2002) by Local Government Act 2001 (37/2001), s. 183(2), S.I. No. 588 of 2001.

F69

Repealed (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 31(b), S.I. No. 482 of 2015.

F70

Substituted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 31(b), S.I. No. 482 of 2015.

F71

Substituted (1.07.1997) by Housing Miscellaneous Provisions) Act 1997 (21/1997), s. 14(3), S.I. No. 247 of 1997.

Modifications (not altering text):

C50

Application of section restricted (1.07.1997) by Housing (Miscellaneous Provision) Act 1979 (21/1997), s. 14(2), S.I. No. 247 of 1997; as substituted (1.12.2009, 14.06.2010, 1.01.2012) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5, S.I. Nos. 449 of 2009, 253 of 2010, 680 of 2011.

Letting and sale of local authority housing.

14.—[(1) Notwithstanding anything contained in the Housing Acts 1966 to 2009, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority may refuse to allocate or defer the allocation of a dwelling, including a dwelling the subject of a rental accommodation availability agreement (within the meaning of that Act), to a person where]

(a) the authority considers that the person is or has been engaged in anti-social behaviour or that [an allocation] to that person would not be in the interest of good estate management, or

(b) the person fails to provide information, including information relating to persons residing or to reside with that person, which is requested by the housing authority and which the authority considers necessary in connection with [an allocation].

[(2) Notwithstanding anything contained in— ...

(d) section 90 of the Housing Act 1966 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act 1992) or a purchase scheme under the said section 90,

a housing authority may refuse to sell a dwelling to— ...

(iv) in the case of section 90 of the Housing Act 1966, a tenant,

where the authority considers that the said tenant or the said eligible household or any member of the eligible household or of the tenant’s household, as the case may be, is or has been engaged in anti-social behaviour or that a sale to that eligible household or tenant would not be in the interest of good estate management.]

C51

Reserved functions conferred (1.01.2002) by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 45, S.I. No. 558 of 2001; as amended and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(2) and (3), S.I. No. 214 of 2014.

Reserved functions.

131.—(1)( a) [Subject to section 131A, the elected council of a local authority or the members of a joint body shall] directly exercise and perform by resolution at a meeting of the local authority or body every function to which this section applies.

( b) The functions referred to in paragraph (a) shall be known as reserved functions of a local authority or of a joint body, as the case may be, and in this Act are referred to as “reserved functions”.

(2) This section applies to every function—

[( a) designated as a reserved function by any provision of the Local Government Acts 1925 to 2014 (including a designation by order under subsection (3)), a provision of any other Act that is to be construed together with those Acts, or as specified in Schedule 14 or, subject to section 131B(1), Schedule 14A,]

( b) designated as a reserved function by any provision of any other enactment relating to a local authority or joint body;

( c) expressly made exercisable by resolution under this Act or under any other enactment relating to a local authority or joint body which was enacted after the 13th day of June, 1940.

(3)( a) The Minister may by order designate a specified function of local authorities or joint bodies to be a reserved function and for so long as an order is in force the function is a reserved function.

( b) Any order made under subsection (2) of section 41 of the Local Government Act, 1991 , or continued in force by subsection (5) of that section shall continue in force as if made under this subsection and may be amended or revoked accordingly.

[( c) An order under paragraph (a) may provide that a specified function designated by such order to be a reserved function may be performed, or shall be performed, as provided in the order, in respect of each municipal district in the county or the city and county, as the case may be, by the municipal district members concerned, subject to the provisions of subsections (4) to (6) of section 131A.]

(4) Any reference to a reserved function in respect of a local authority or joint body in any enactment enacted before the commencement of this provision or to a function exercisable by resolution to which subsection (2)(c) applies shall be read as a reference to a reserved function for the purposes of this Act.

(5) For the purposes of this section “function” does not include a function relating to the employees of a local authority or joint body or the direction, supervision, service, remuneration or discipline of such employees or any of them, other than a function referred to in section 145(1) .

[ Performance of reserved functions in respect of municipal district members

131A.—(1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function which is specified in—

(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal district members concerned, and

(b) paragraphs 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A, may be performed in respect of a municipal district within the administrative area of the local authority by—

(i) the municipal district members, or

(ii) the local authority.

(2)(a) In addition to the functions referred to in subsection (1), a local authority that is the council of a county or a city and county may, subject to paragraph (e), by resolution delegate with or without restrictions to the municipal district members for any municipal district in the area of the local authority any of its functions that may be performed by resolution and a function so delegated shall, accordingly, be performed in respect of each such municipal district in the administrative area of the local authority (or any part of such district) by the municipal district members concerned.

(b) A local authority may, following consultation with the municipal district members concerned, by resolution, revoke the delegation by it under this subsection of a function, but the revocation is without prejudice to anything previously done by virtue of the delegated function.

(c) A function shall not be delegated by a local authority in such a manner that, at the same time, it is exercisable—

(i) by a committee established under section 51, and

(ii) by municipal district members under this subsection.

(d) A resolution of a local authority delegating or revoking the delegation of a function to municipal district members shall not be treated as having been passed unless at least a half of the total number of members of the local authority concerned vote in favour of the resolution.

(e) A local authority shall not delegate any of its functions to which subparagraphs (i) to (iv) of section 51(2)(a) relates to the municipal district members.

(3) The functions, by virtue of subsection (2)(a), of municipal district members shall not be delegated by the municipal district members.

(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.

(5)(a) The Minister may make regulations specifying conditions, restrictions, procedures or other provisions to apply—

(i) generally in relation to the performance of functions to which subsections (1) and (2) relate,

(ii) specifically in relation to performance of one or more than one function to which any of those sections relate,

(iii) in relation to the delegation of functions or the revocation of a delegation of functions under subsection (2), or

(iv) in relation to a decision under subsection (4).

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may provide for any of the following:

(i) requirements for the purpose of ensuring that municipal district members performing functions do so in a manner consistent with the policies, strategies, programmes or plans of the local authority concerned;

(ii) requirements for the purpose of ensuring the avoidance of unnecessary duplication in the performance of functions between the municipal district members for each of the municipal districts in a local authority area or between the municipal district members and the local authority for that area;

(iii) that specified functions may not be delegated under subsection (2), or may only be delegated with the approval of the Minister;

(iv) that, in circumstances provided for in the regulations, a local authority may perform a specified delegated function in place of the municipal district members in a particular case or occasion;

(v) arrangements for the resolution of any difference or disagreement between a local authority and the municipal district members in relation to the performance of a function which is specified in paragraphs 5, 6 or 7 of Schedule 14 or Part 2 of Schedule 14A;

(vi) that a particular function set out in paragraphs 5, 6 or 7 of Schedule 14 or Part 1 or 2 of Schedule 14A shall only be performable in every instance by the local authority concerned;

(vii) provisions to determine whether a function specified in paragraph 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A should, in particular circumstances be performed by municipal district members or by the local authority.

(6) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this section (including any regulations made under it) and each local authority shall comply with any such guidelines.]

PART 3

Reserved Functions to be Performed by the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

....

...

45

Adopting a purchase scheme applying to the sale of dwellings.

Section 90 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act 1992) of the Housing Act 1966, as amended by section 183.

...

...

...

C52

Application of section restricted (22.12.1993) by Local Government (Dublin) Act 1993 (31/1993), s. 35 and sch. 3 part 1 para. 1(b) and 9, S.I. No. 400 of 1993.

Part I

Transfer of certain dwellings, etc., between principal authorities

1. ...

( b) In this Part “ section 90” means section 90 of the Housing Act, 1966 as substituted by section 26 of the Housing (Miscellaneous Provisions) Act, 1992

...

9. Section 12 of the Finance Act, 1895, section 83 of the Local Government Act, 1946 and section 90 shall not apply to any transfer under this Part.

C53

Application of section restricted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 3(8)(a)(iii), S. I. No. 223 of 1992; section repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, subject to transitional provision in s. 96, not commenced as of date of revision.

Granting of shared ownership leases by housing authorities, etc.

3. ...

(8) ( a) The following provisions shall not apply in relation to the granting of a shared ownership lease by a housing authority, that is to say: ...

(iii) section 90 of the Principal Act (as amended by this Act), except as may be provided for in regulations made under that section.

...

Editorial Notes:

E180

Power pursuant to subs. (7) exercised (19.12.2013) by Housing (Sale of Houses) (Amendment) Regulations 2013 (S.I. No. 507 of 2013).

E181

Power pursuant to subs. (7) exercised (27.11.2012) by Housing (Sale of Houses to Long-Standing Tenants) (Amendment) Regulations 2012 (S.I. No. 465 of 2012).

E182

Power pursuant to subs. (7) exercised (1.11.2012) by Housing (Sale of Houses) Regulations 2012 (S.I. No. 420 of 2012), in effect as per reg. 1(b).

E183

Power pursuant to subs. (7) section exercised (24.02.2011) by Housing (Sale of Houses to Long-standing Tenants) Regulations 2011 (S.I. No. 82 of 2011).

E184

Power pursuant to section exercised (28.07.1999) by Housing (Sale of Houses) (Amendment) Regulations 1999 (S.I. No. 248 of 1999).

E185

Power pursuant to section exercised (18.07.1995) by Housing (Sale of Houses) Regulations 1995 (S.I. No. 188 of 1995).

E186

Power pursuant exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

E187

Previous affecting provision: subs. (4A) inserted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2, S.I. No. 449 of 2009; deleted as per F-Note above.

E188

Previous affecting provision: subs. (6A) inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 15, S.I. No. 329 of 2002; deleted as per F-Note above.

E189

Previous affecting provisions: power pursuant exercised (31.03.1998) by Housing (Sale of Houses) Regulations, 1995 (Amendment) Regulations 1998 (S.I. No. 91 of 1998); revoked (28.07.1999) by Housing (Sale of Houses) (Amendment) Regulations 1999 (S.I. No. 248 of 1999).

E190

Previous affecting provision: application of subs. (3) restricted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 26(3), S.I. No. 223 of 1992; subsection deleted as per F-note above.

E191

Previous affecting provision: application of section extended (9.08.1979) by Housing (Miscellaneous Provision) Act 1979 (27/1979), s. 17(2), S. I. No. 276 of 1979; repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37 and sch., S. I. No. 223 of 1992.

E192

Previous affecting provision: application of section restricted (9.08.1979) by Housing (Miscellaneous Provision) Act 1979 (27/1979), s. 13, S. I. No. 276 of 1979; repealed (19.08.1988) by Housing Act 1988 (28/1988), s. 23, S.I. No. 199 of 1988, subject to transitional provisions in subs. (2).

E193

Previous affecting provision: subs. (6)(a) repealed and regulation saving provision provided (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 276 of 1979, subject to continuation in force of regulations under certain conditions; section substituted as per F-Note above.

E194

Previous affecting provision: power pursuant to section exercised (15.09.1978) by Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations 1978 (S.I. No. 270 of 1978); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), art. 5 and sch. 1.

E195

Previous affecting provision: application of section restricted (16.05.1978) by Landlord and Tenant (Ground Rents) Act 1978 (7/1978), s. 4, commenced on enactment; repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37 and sch., S. I. No. 223 of 1992.

E196

Previous affecting provision: power pursuant to section exercised (1.07.1976) by Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations 1976 (S.I. No. 143 of 1976), in effect as per reg. 3; revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), art. 5 and sch. 1.

E197

Previous affecting provision: 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.

E198

Previous affecting provision: power pursuant to section exercised (9.03.1970) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations 1970 (S.I. No. 42 of 1970); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.

E199

Previous affecting provision: 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.