Housing (Miscellaneous Provisions) Act 2014


Number 21 of 2014


HOUSING (MISCELLANEOUS PROVISIONS) ACT 2014

REVISED

Updated to 1 February 2022


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 Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, and all statutory instruments up to and including the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (Continuation of Sections 4, 5 and 6 of Part 2) Order 2022 (S.I. No. 47 of 2022), made 1 February 2022, 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 1 February 2022


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Housing Acts 1966 to 2021 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Affordable Housing Act 2021 (25/2021), s. 1(2)). The Acts in this group are:

Housing Act 1966 (21/1966)

Housing Act 1969 (16/1969)

Housing Act 1970 (18/1970)

Housing (Miscellaneous Provisions) Act 1979 (27/1979)

Housing Act 1984 (1/1984)

Housing Act 1988 (28/1988), other than ss. 27 and 28

Housing (Miscellaneous Provisions) Act 1992 (18/1992), other than ss. 29 and 30 and ss. 38(3) and (4)

Housing (Miscellaneous Provisions) Act 1997 (21/1997), other than ss. 16, 17 and s. 24(3)

Housing (Traveller Accommodation) Act 1998 (33/1998), other than ss. 26 and 27

Housing (Miscellaneous Provisions) Act 2002 (9/2002), apart from ss. 17-20, 22, 23 and 24 and Schs. 2 and 3

Housing (Miscellaneous Provisions) Act 2004 (43/2004), other than s. 2

Housing (Miscellaneous Provisions) Act 2009 (22/2009), other than s. 100

Housing (Amendment) Act 2013 (22/2013)

Local Government Reform Act 2014 (1/2014), ss. 1(4), 5(3), Sch. 2, Part 1, Sch. 4, paras. 1 and 14 and Sch. 4, para. 16 in so far as they relate to the Housing Act 1966 (21/1966)

Housing (Miscellaneous Provisions) Act 2014 (21/2014)

Residential Tenancies (Amendment) Act 2015 (42/2015), ss. 1(3), 15, 85 and 87

Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 67

Affordable Housing Act 2021 (25/2021)

Local Government Acts 1925 to 2019 : this Act, s. 57, is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Act 2019 (1/2019), s. 1(3)). The Acts in this group are:

Local Government Act 1925 (5/1925)

Local Government Act 1927 (3/1927)

Local Government (Amendment) Act 1930 (26/1930)

Local Government Act 1931 (19/1931)

Local Government Act 1933 (5/1933)

Local Government (Amendment) Act 1934 (5/1934)

Local Government (Amendment) (No. 2) Act 1934 (44/1934)

Local Government Act 1936 (46/1936)

Local Government (Amendment) Act 1939 (9/1939)

Local Government Act 1941 (23/1941)

Local Government Act 1946 (24/1946)

Local Government Act 1953 (12/1953)

Local Government Act 1955 (9/1955)

Local Government Act 1958 (9/1958)

Local Government Act 1959 (10/1959)

Local Government Act 1960 (23/1960)

Local Government (No. 2) Act 1960 (40/1960)

Local Government (Buncrana) Act 1968 (2/1968)

Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Local Government Acts 1925 to 1967

Local Government (Roads and Motorways) Act 1974 (6/1974)

Local Government (Financial Provisions) Act 1978 (35/1978)

Local Government (Toll Roads) Act 1979 (34/1979)

Local Government (Financial Provisions) Act 1983 (10/1983)

Local Government (Financial Provisions) (No. 2) Act 1983 (21/1983)

Local Government (Reorganisation) Act 1985 (7/1985)

Local Government Act 1991 (11/1991)

Local Government Act 1994 (8/1994)

Local Government (Financial Provisions) Act 1997 (29/1997)

Local Government Act 1998 (16/1998)

Local Government (Financial Provisions) Act 2000 (6/2000)

Local Government Act 2000 (25/2000)

Local Government Act 2001 (37/2001), other than ss. 163, 164 and 211 and pts. 23 (ss. 238-234) and 24 (ss. 243-247)

Local Government Act 2003 (8/2003)

Local Government (No. 2) Act 2003 (17/2003)

Electoral (Amendment) Act 2004 (15/2004), s. 34

Local Government (Business Improvement Districts) Act 2006 (42/2006), ss. 2-7

Water Services Act 2007 (30/2007), ss. 1(7), 13 and 115

Copyright and Related Rights (Amendment) Act 2007 (39/2007), s. 14

Local Government (Miscellaneous Provisions) Act 2012 (17/2012), pt. 4

Electoral, Local Government and Planning and Development Act 2013 (27/2013), pt. 9

Local Government Reform Act 2014 (1/2014), other than ss. 1(3)-(8), 5(3)-(5) and Sch. 2

Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 57

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), ss. 1(2)(c), 52

Local Government Act 2019 (1/2019), s. 1(2)

Local Government Rates and other Matters Act 2019 (24/2019), other than ss. 23, 24, 25, 26

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Finance (Local Property Tax) (Amendment) Act 2021 (31/2021)

Affordable Housing Act 2021 (25/2021)

Residential Tenancies (Amendment) Act 2015 (42/2015)

All Acts up to and including Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Housing (Sale of Local Authority Houses) (Amendment) Regulations 2021 (S.I. No. 776 of 2021)

Housing Assistance Payment (Amendment) Regulations 2017 (S.I. No. 56 of 2017)

Housing Assistance Payment (Section 50) Regulations 2017 (S.I. No. 55 of 2017)

Housing Assistance Payment (Amendment) (No. 4) Regulations 2016 (S.I. No. 575 of 2016)

Housing Assistance Payment (Section 50) (No. 2) Regulations 2016 (S.I. No. 574 of 2016)

Housing Assistance Payment (Amendment) (No. 3) Regulations 2016 (S.I. No. 354 of 2016)

Housing Assistance Payment (Amendment) (No. 2) Regulations 2016 (S.I. No. 338 of 2016)

Housing Assistance Payment (Amendment) Regulations 2016 (S.I. No. 40 of 2016)

Housing Assistance Payment (Section 50) Regulations 2016 (S.I. No. 38 of 2016)

Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015)

Housing (Miscellaneous Provisions) Act 2014 (Commencement of Certain Provisions) (No. 2) Order 2015 (S.I. No. 482 of 2015)

Housing Assistance Payment (Amendment) (No. 4) Regulations 2015 (S.I. No. 474 of 2015)

Housing Assistance Payment (Section 50) (No. 3) Regulations 2015 (S.I. No. 473 of 2015)

Housing Assistance Payment (Amendment) (No. 3) Regulations 2015 (S.I. No. 304 of 2015)

Housing Assistance Payment (Amendment) (No. 2) Regulations 2015 (S.I. No. 246 of 2015)

Housing Assistance Payment (Section 50) (No. 2) Regulations 2015 (S.I. No. 245 of 2015)

Housing Assistance Payment (Amendment) Regulations 2015 (S.I. No. 200 of 2015)

Housing Assistance Payment (Section 50) Regulations 2015 (S.I. No. 199 of 2015)

Housing (Local Authority Tenancy Warnings) Regulations 2015 (S.I. No. 122 of 2015)

Housing (Miscellaneous Provisions) Act 2014 (Commencement of Certain Provisions) Order 2015 (S.I. No. 121 of 2015)

Housing Assistance Payment (Amendment) (No. 2) Regulations 2014 (S.I. No. 576 of 2014)

Housing Assistance Payment (Section 50) (No. 3) Regulations 2014 (S.I. No. 575 of 2014)

Housing Assistance Payment (Amendment) Regulations 2014 (S.I. No. 428 of 2014)

Housing Assistance Payment (Section 50) (No. 2) Regulations 2014 (S.I. No. 427 of 2014)

Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014)

Housing Assistance Payment (Section 50) Regulations 2014 (S.I. No. 406 of 2014)

Housing (Miscellaneous Provisions) Act 2014 (Commencement of Certain Provisions) Order 2014 (S.I. No. 404 of 2014)

All statutory instruments up to and including Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (Continuation of Sections 4, 5 and 6 of Part 2) Order 2022 (S.I. No. 47 of 2022), made 1 February 2022, were considered in the preparation of this revision.


Number 21 of 2014


HOUSING (MISCELLANEOUS PROVISIONS) ACT 2014

REVISED

Updated to 1 February 2022


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation and construction

2. Commencement

3. Definitions (generally)

4. Regulations

5. Expenses of Minister

PART 2

Termination of Local Authority Tenancies, etc.

6. Interpretation (Part 2)

7. Tenancy warning relating to anti-social behaviour, etc.

8. Tenancy warning relating to rent arrears

9. Tenancy warning relating to other tenancy breach

10. Review of tenancy warning

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

PART 3

Purchase of Houses by Tenants

21. Interpretation (Part 3)

22. Extent of application of Part 3 to certain houses

23. Disqualifications from purchase

24. Calculation of tenant’s income

25. Sale of house to tenant

26. Charging order

27. Suspension of incremental release

28. Payment during charged period in respect of charged share or incremental release

29. Control on resale of house

30. Regulations (Part 3)

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

PART 4

Housing Assistance

35. Interpretation (Part 4)

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

39. Housing assistance

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.

46. Change of dwelling

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

PART 5

Miscellaneous

52. Definition (Part 5)

53. Deduction of local authority rent, etc., by Minister for Social Protection

54. Amendments to Act of 2005

55. Data sharing and exchange

56. Amendment of section 31 (rent schemes and charges) of Act of 2009

57. Amendment of Local Government Reform Act 2014

58. Amendment of Housing Finance Agency Act 1981


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 1 February 2022


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: