Housing (Miscellaneous Provisions) Act 2014
Number 21 of 2014
HOUSING (MISCELLANEOUS PROVISIONS) ACT 2014
REVISED
Updated to 16 May 2024
This Revised Act is an administrative consolidation of the Housing (Miscellaneous Provisions) Act 2014. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) (No. 2) Order 2024 (S.I. No. 207 of 2024), made 14 May 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 21 of 2014
HOUSING (MISCELLANEOUS PROVISIONS) ACT 2014
REVISED
Updated to 16 May 2024
CONTENTS
Preliminary and General
Section
1. Short title, collective citation and construction
Termination of Local Authority Tenancies, etc.
7. Tenancy warning relating to anti-social behaviour, etc.
8. Tenancy warning relating to rent arrears
9. Tenancy warning relating to other tenancy breach
11. Day that tenancy warning comes into effect
12. Proceedings for possession of local authority dwelling
13. Proceedings for possession against person in occupation of local authority dwelling
14. Abandoned local authority dwellings
15. Repossession of abandoned dwellings
16. Application to court in respect of tenancy terminated under section 15
17. Death of tenant and recovery of possession in certain cases
18. Part 2 and amendment of Principal Act
19. Part 2 and amendment of Act of 1997
20. Part 2 and amendment of Act of 2009
Purchase of Houses by Tenants
22. Extent of application of Part 3 to certain houses
23. Disqualifications from purchase
24. Calculation of tenant’s income
27. Suspension of incremental release
28. Payment during charged period in respect of charged share or incremental release
29. Control on resale of house
31. Part 3 and amendment of Principal Act
32. Part 3 and amendment of Act of 1992
33. Part 3 and amendment of Act of 1997
34. Part 3 and amendment of Act of 2009
Housing Assistance
36. Restriction on application of Residential Tenancies Act 2004
37. Housing assistance under Part 4 and social housing support under Act of 2009
38. Sharing of dwelling by more than one household
40. Housing authority not liable for rent due to landlord
41. Requirements in relation to dwelling
42. Requirements in relation to landlord
43. Housing assistance payments
44. Payment of rent contribution by qualified household
45. Ineligibility for housing assistance, etc.
47. Housing assistance in respect of accommodation provided under scheme of capital assistance
48. Review of certain decisions
49. Part 4 and amendment of Act of 2009
50. Application of Part 4 to housing authorities
51. Expenses incurred by housing authority under Part 4
Miscellaneous
53. Deduction of local authority rent, etc., by Minister for Social Protection
56. Amendment of section 31 (rent schemes and charges) of Act of 2009
Acts Referred to
Capital Acquisitions Tax Consolidation Act 2003 (No. 1)
Capital Gains Tax Acts
Central Bank Act 1971 (No. 24)
Children Act 2001 (No. 24)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Companies Act 1963 (No. 33)
Family Home Protection Act 1976 (No. 27)
Housing (Miscellaneous Provisions) Act 1992 (No. 18)
Housing (Miscellaneous Provisions) Act 1997 (No. 21)
Housing (Miscellaneous Provisions) Act 2002 (No. 9)
Housing (Miscellaneous Provisions) Act 2009 (No. 22)
Housing (Private Rented Dwellings) Acts 1982 and 1983
Housing Act 1966 (No. 21)
Housing Act 1988 (No. 28)
Housing Acts 1966 to 2014
Housing Finance Agency Act 1981 (No. 37)
Land And Conveyancing Law Reform Act 2009 (No. 27)
Landlord and Tenant (Ground Rents)(No. 2) Act 1978 (No. 16)
Landlord and Tenant Acts 1967 to 2008
Local Government Act 2001 (No. 37)
Local Government Reform Act 2014 (No. 1)
Ministers and Secretaries (Amendment) Act 2011 (No. 10)
Ministers and Secretaries (Amendment) Act 2013 (No. 29)
Misuse of Drugs Acts 1977 to 2007
Planning and Development Act 2000 (No. 30)
Registration of Title Act 1964 (No. 16)
Residential Tenancies Act 2004 (No. 27)
Residential Tenancies Acts 2004 and 2009
Social Welfare Acts
Social Welfare Consolidation Act 2005 (No. 26)
Stamp Duties Consolidation Act 1999 (No. 31)
Tax Acts
Taxes Consolidation Act 1997 (No. 39)
Value-Added Tax Acts
Number 21 of 2014
HOUSING (MISCELLANEOUS PROVISIONS) ACT 2014
REVISED
Updated to 16 May 2024
An Act to make further provision in relation to housing provided by housing authorities and for that purpose to amend and extend the Housing Acts 1966 to 2014, to provide for financial assistance by housing authorities in respect of rent payable by certain housing tenants, to provide for the direct remission to a housing authority in respect of rent or rent-related obligations of certain social welfare payments and allowances payable to a person under the Social Welfare Acts and for that purpose to amend the law relating to such payments, to amend the Housing Finance Agency Act 1981, and to provide for connected matters. [28 th July, 2014]
Be it enacted by the Oireachtas as follows:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh Chomhairleoir
23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
|
Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
|
No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14. |
PART 2
Enactments for Purposes of Sections 10 and 26
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... |
... |
... |
|
No. 21 of 2014 |
Housing (Miscellaneous Provisions) Act 2014 |
Sections 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 22, 23, 24, 25, 26, 27, 28, 29, 53 and 55; Part 4. |
|
... |
... |
... |