Landlord and Tenant (Amendment) Act 1980

Works required by public authority.

[New in pt. cf. 1931, s. 13]

49

49. (1) Where a sanitary authority serves under the Local Government (Sanitary Services) Acts, 1878 to 1964, or a housing authority serves under the Housing Act, 1966, a notice on the tenant of a tenement requiring him to execute an improvement, the tenant shall, within three days, serve on the landlord a notice in writing (in this Act referred to as a work notice) stating the fact of the service of the notice by that authority and stating the material portions of that notice.

(2) Where a work notice is served, the landlord may, within three days, serve on the tenant a notice (in this Act referred to as a work undertaking) in the prescribed form undertaking to execute the work in consideration of either (as the landlord states in the notice) a specified increase of rent or an increase of rent to be fixed by the Court.

(3) In the case of works required to a controlled dwelling the increase of rent shall not exceed the allowance provided for by section 10 (2) ( g) of the Rent Restrictions Act, 1960, inserted by section 6 (2) of the Rent Restrictions (Amendment) Act, 1967.

(4) The service of a work undertaking shall have the same effect as the service on the tenant of an improvement undertaking, and the provisions of this Act in relation to an improvement undertaking shall apply accordingly.

(5) A copy of a work undertaking may be served by the tenant on the authority and thereupon the obligation to comply with the notice served by the authority and the liability for failure to comply with it shall become the obligation and liability of the landlord in exoneration of the tenant.

(6) Where a work notice is served and, within three days, the landlord does not serve a work undertaking, the tenant shall be entitled to execute the improvement mentioned in the notice by the authority which occasioned the work notice.

Annotations:

Modifications (not altering text):

C14

“Sanitary authority” construed (31.12.2007) by Water Services Act 2007 (30/2007), s. 39, S.I. No. 846 of 2007, and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7, S.I. No. 575 of 2013.

Transfer of functions from sanitary authorities.

39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.

...

Transfer of functions from water service authorities to Irish Water

7. (1) Subject to section 10, all functions conferred on water services authorities by the Act of 2007 (other than an excluded provision and section 22) shall, on the transfer day, stand transferred to Irish Water.

(2) References to a water services authority or relevant water services authority in—

(a) the Act of 2007 or in any instrument made under that Act, or

(b) any other enactment (other than the Act of 2013) or instrument under any other enactment, in so far as they relate to any function transferred by this Act, shall on and after the transfer day, be construed as references to Irish Water.

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.