31.— F31[(1) This section applies to a dwelling provided under the Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000—

(a) of which the housing authority is the owner,

(b) 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, including a rental accommodation availability agreement, or

(c) in respect of which housing assistance is being provided under Part 4 of the Housing (Miscellaneous Provisions) Act 2014.]

F32[(2) (a) In this section references to rent include a rent contribution payable by a tenant under a Chapter 4 tenancy agreement.

(b) In this section, other than subsection (6)(h), references to rent include a rent contribution payable under section 44 of the Housing (Miscellaneous Provisions) Act 2014 by a tenant who is a member of a qualified household within the meaning of section 35 of that Act.]

F33[(2A) Where payments are made in respect of rent, arrears of rent, or rescheduling arrangements are entered into, by or on behalf of one or more members of the tenant’s household, then such payments or arrangements shall not of themselves create a tenancy arrangement between the housing authority and the members concerned and, accordingly, other than in respect of the tenant, no tenancy rights shall arise or continue as a consequence of such payments or arrangements.]

(3) A housing authority may, in accordance with this section, in respect of a dwelling to which this section applies—

(a) charge such rent or make such other charge for the tenancy or occupation thereof as it may determine from time to time, and

(b) in respect of works or services provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000, make such charge, whether by rent or otherwise, as it considers appropriate.

(4) Without prejudice to the generality of subsection (3), 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, and

(b) charges relating to—

(i) the management and control of common areas appurtenant to a dwelling where such common areas are also used by the occupants of other dwellings, and

(ii) the provision of services where those services are also provided to the occupants of other dwellings.

(5) F34[(a) A housing authority shall, in accordance with regulations made for the purposes of this section, not later than the date prescribed by the Minister for the purposes of this subsection, make a scheme (in this Act referred to as a "rent scheme") providing for the manner in which rents and other charges referred to in subsection (3) shall be determined.]

(b) A housing authority may, from time to time, as it considers appropriate, or as the Minister directs, revoke the rent scheme and make a new rent scheme.

F35[(5A) For the purposes of this section and sections 33 and 34, arrears of rent or other payments due to a housing authority under section 58(3) of the Principal Act shall be deemed to be arrears of rent or other charges referred to in subsection (3).]

(6) The Minister may, for the purposes of this section, by regulations provide for the matters to be included in a rent scheme including:

(a) the manner in which the financial circumstances of households and their ability to pay rent shall be taken into account in determining rent, including the level, type and sources of household income that may be assessed for the purpose of determining rents;

(b) F36[…]

(c) the manner in which adjustments may be made to the rent in respect of any obligations imposed on the tenant under the tenancy agreement relating to the maintenance of the dwelling;

(d) the amount, or method of calculation, of any allowances in respect of rent which may be made for dependents;

(e) the procedure for rent review including rent increases during the period of the tenancy having regard to F36[…] any changes in household circumstances or income levels;

(f) the manner in which the charges referred to in subsection (4) shall be determined;

F37[(g) the waiving of rent and other charges, in whole or in part, on a temporary basis, in case of financial hardship;

(h) subject to subsection (6A), the manner in which a housing authority shall, having regard to—

(i) financial circumstances of households and their ability to pay rent,

(ii) the other provisions of regulations made under this subsection, and

(iii) any guidance issued in the matter under section 5,

determine rent and charges under this section during a transitional period that will expire on a date prescribed by the Minister, which date shall not be later than 2 years after the date subsection (3) comes into operation.]

F38[(6A) The Minister may, having regard to the composition, financial circumstances and ability to pay rent of a qualified household in receipt of housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014, prescribe the rent contribution that will be payable to a housing authority by a tenant who is a member of that household during the transitional period referred to in paragraph (h) of subsection (6). ]

(7) The making and revocation of a rent scheme are reserved functions.

(8) The charging of rents or other charges referred to in subsection (3) in respect of a dwelling to which this section applies and the review of such rents or other charges in accordance with a rent scheme are executive functions.

(9) A housing authority shall make a copy of its rent scheme available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours.