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Housing (Miscellaneous Provisions) Act 2009

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This law, the Housing (Miscellaneous Provisions) Act 2009, makes further provisions for the functions of housing authorities and introduces new arrangements for housing services, social housing support, and the purchase of dwellings and apartments.

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Housing (Miscellaneous Provisions) Act 2009 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2009 Housing (Miscellaneous Provisions) Act 2009 Housing (Miscellaneous Provisions) Act 2009 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 22 of 2009 HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009 ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY AND GENERAL Section 1. Short title, collective citation, construction and commencement. 2. Interpretation. 3. Regulations. 4. Ministerial directions. 5. Guidelines. 6. Limitation on Ministerial power. 7. Repeals. 8. Consequential amendments. 9. Expenses. PART 2 FUNCTIONS OF HOUSING AUTHORITIES Chapter 1 Housing Services 10. Provision of housing services. 11. Provision of ancillary services. 12. Funding for housing services. 13. Housing authority resources. Chapter 2 Housing Services Plan 14. Obligation to make housing services plan. 15. Content of housing services plan. 16. Preparation of draft plan and making of plan. 17. Variation of housing services plan. 18. Housing action programme. Chapter 3 Social Housing Support 19. Provision of social housing support. 20. Social housing assessment. 21. Summary of social housing assessments. 22. Allocation of dwellings. Chapter 4 Rental Accommodation Arrangements 23. Interpretation (Chapter 4). 24. Rental accommodation availability agreement. 25. Chapter 4 tenancy agreement. 26. Expenses incurred by housing authority. 27. Non-application of certain provisions to disposals for purposes of this Chapter. Chapter 5 Management and Control Functions 28. Management and control functions. 29. Tenancy agreements. 30. Delegation of management and control functions. 31. Rent schemes and charges. 32. Information requirements. 33. Moneys owing to housing authority. 34. Arrangements with households for payment of moneys due and owing to housing authority. 35. Anti-social behaviour strategy. Chapter 6 Homelessness Action Plans 36. Interpretation (Chapter 6). 37. Homelessness action plan. 38. Homelessness consultative forum. 39. Management group. 40. Preparation of draft plan and making of plan. 41. Ministerial directions. 42. Power of Minister to prescribe body as specified body. PART 3 INCREMENTAL PURCHASE ARRANGEMENTS 43. Interpretation (Part 3). 44. Application of Part 3 to certain dwellings. 45. Sale of dwelling by incremental purchase arrangement. 46. Charging order. 47. Suspension of reduction of charged share. 48. Control on resale of dwelling sold under an incremental purchase arrangement. 49. Regulations (Part 3). PART 4 TENANT PURCHASE OF APARTMENTS 50. Interpretation (Part 4). 51. Consideration of designation of apartment complex. 52. Preparation of draft proposal to designate apartment complex. 53. Proposal to designate apartment complex. 54. Tenant plebiscite. 55. Designation of apartment complex. 56. Initial selling period. 57. Establishment and objects of management company. 58. Annual meetings and reports of management company. 59. Transfer of ownership of designated apartment complex to management company. 60. Lease of apartment to housing authority. 61. Consequences of designation lapsing under section 55. 62. Costs incurred by management company. 63. Management, control and maintenance of designated apartment complex. 64. Sale by housing authority of apartments to tenants. 65. Management company provisions. 66. Automatic transfer of membership of management company on sale of apartment. 67. Apartment complex service charge. 68. Sinking fund. 69. Management company annual charges. 70. Apartment complex support fund. 71. Dispute between housing authority and management company arising under section 70

(10).
  1. Accounts of management company.
  2. Property services agreement.
  3. Charging order.
  4. Suspension of reduction of charged share.
  5. Control on resale of apartment subject to a charging order.
  6. Regulations (Part 4). PART 5 AFFORDABLE DWELLING PURCHASE ARRANGEMENTS
  7. Interpretation (Part 5).
  8. Provision of dwellings.
  9. Direct sales agreement.
  10. Open market dwelling.
  11. Application of Part
  13. Affordable dwelling purchase arrangements.
  14. Assessment of eligibility of household for affordable dwelling purchase arrangement.
  15. Scheme of priority for affordable dwelling purchase arrangements.
  16. Charging order.
  17. Payments by purchaser during charged period.
  18. Registration of charging orders and agreements with financial institutions.
  19. Repayment on expiration of charged period.
  20. Control on resale of dwelling purchased under affordable dwelling purchase arrangement.
  21. Recovery of amounts due to housing authority.
  22. Valuation of dwelling for certain purposes.
  23. Discharge of charging order.
  24. Affordable Dwellings Fund.
  25. Regulations (Part 5).
  26. Transitional arrangements and savings provisions. PART 6 PROVISIONS IN RESPECT OF CERTAIN GRANTS
  27. Grants in respect of provision of sites under section 57 of Principal Act.
  28. Control on resale of certain sites or dwellings thereon.
  29. Repayment of adaptation grant. PART 7 AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 2004
  30. Amendments to Residential Tenancies Act
  31. SCHEDULE 1 Repeals SCHEDULE 2 Consequential Amendments PART 1 Amendments to Housing Act 1966 PART 2 Amendments to Housing Finance Agency Act 1981 PART 3 Amendments to Housing Act 1988 PART 4 Amendments to Housing (Miscellaneous Provisions) Act 1992 PART 5 Amendments to Housing (Miscellaneous Provisions) Act 1997 PART 6 Amendments to Housing (Traveller Accommodation) Act 1998 PART 7 Amendments to Planning and Development Act 2000 PART 8 Amendment to Civil Registration Act 2004 PART 9 Amendment to Social Welfare Consolidation Act 2005 SCHEDULE 3 Terms and Conditions of Tenancy Agreement SCHEDULE 4 Information to be Included in Property Services Agreement Acts Referred to Arbitration Acts 1954 to 1998 Central Bank Act 1971 1971, No. 24 Civil Registration Act 2004 2004, No. 3 Companies Acts Conveyancing Acts 1881 to 1911 Family Home Protection Act 1976 1976, No. 27 Garda Síochána Act 2005 2005, No. 20 Health Acts 1947 to 2008 Housing Finance Agency Act 1981 1981, No. 37 Housing (Miscellaneous Provisions) Act 1979 1979, No. 27 Housing (Miscellaneous Provisions) Act 1992 1992, No. 18 Housing (Miscellaneous Provisions) Act 1997 1997, No. 21 Housing (Miscellaneous Provisions) Act 2002 2002, No. 9 Housing (Traveller Accommodation) Act 1998 1998, No. 33 Housing Act 1966 1966, No. 21 Housing Act 1988 1988, No. 28 Housing Acts 1966 to 2004 Land Law (Ireland) Act 1881 1881, c. 49 Local Government Act 2001 2001, No. 37 Planning and Development Act 2000 2000, No. 30 Registration of Title Act 1964 1964, No. 16 Residential Tenancies Act 2004 2004, No. 27 Social Welfare Acts Social Welfare Consolidation Act 2005 2005, No. 26 State Authorities (Public Private Partnership Arrangements) Act 2002 2002, No. 1 Taxes Consolidation Act 1997 1997, No. 39 Vocational Education Act 1930 1930, No. 29 Number 22 of 2009 HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009 AN ACT TO MAKE FURTHER PROVISION FOR THE FUNCTIONS OF HOUSING AUTHORITIES; TO PROVIDE FOR THE MAKING OF HOUSING SERVICES PLANS; TO PROVIDE FOR THE CARRYING OUT OF SOCIAL HOUSING ASSESSMENTS FOR THE PURPOSES OF SOCIAL HOUSING SUPPORT AND THE ALLOCATION OF DWELLINGS; TO PROVIDE FOR RENTAL ACCOMMODATION ARRANGEMENTS; TO PROVIDE FOR THE MANAGEMENT AND CONTROL FUNCTIONS OF HOUSING AUTHORITIES; TO PROVIDE FOR THE MAKING OF HOMELESSNESS ACTION PLANS; TO PROVIDE FOR THE MAKING OF AN ANTI-SOCIAL BEHAVIOUR STRATEGY; TO MAKE FURTHER PROVISION FOR TENANT PURCHASE OF DWELLINGS UNDER INCREMENTAL PURCHASE ARRANGEMENTS; TO PROVIDE FOR THE TENANT PURCHASE OF APARTMENTS; TO PROVIDE FOR THE SALE OF CERTAIN DWELLINGS UNDER AFFORDABLE DWELLING PURCHASE ARRANGEMENTS; TO MAKE FURTHER PROVISION RELATING TO STANDARDS FOR RENTED HOUSES AND TO PROVIDE FOR THE GIVING OF IMPROVEMENT NOTICES AND PROHIBITION NOTICES TO LANDLORDS; FOR THOSE AND OTHER PURPOSES TO AMEND AND EXTEND THE HOUSING ACTS 1966 TO 2004, TO AMEND THE HOUSING FINANCE AGENCY ACT 1981, THE PLANNING AND DEVELOPMENT ACT 2000, THE CIVIL REGISTRATION ACT 2004, THE RESIDENTIAL TENANCIES ACT 2004 AND THE SOCIAL WELFARE CONSOLIDATION ACT 2005 AND TO PROVIDE FOR RELATED MATTERS. [15th July, 2009] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 PRELIMINARY AND GENERAL Short title, collective citation, construction and commencement. 1.—
(1)This Act may be cited as the Housing (Miscellaneous Provisions) Act 2009.
(2)The Housing Acts 1966 to 2004 and this Act (other than section 100 ) may be cited together as the Housing Acts 1966 to 2009 and shall be construed together as one Act.
(3)Section 100 and, in so far as it relates to that section, this section shall be construed as one with the Residential Tenancies Acts 2004 and 2009 and shall be included in the collective citation “Residential Tenancies Acts 2004 and 2009”.
(4)This Act (other than section 100 ) comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, including the application of section 7 or 8 to different enactments specified in Schedule 1 or Schedule 2 and to different provisions of those enactments. Interpretation. 2.—
(1)In this Act— “ Act of 1988 ” means the Housing Act 1988 ; “Act of 1992” means the Housing (Miscellaneous Provisions) Act 1992 ; “Act of 1997” means the Housing (Miscellaneous Provisions) Act 1997 ; “ Act of 2002 ” means the Housing (Miscellaneous Provisions) Act 2002 ; “ affordable housing ” means affordable dwellings purchased under affordable dwelling purchase arrangements under Part 5 or affordable housing provided under Part V of the Planning and Development Act 2000 or Part 2 of the Act of 2002, as the case may be; “ allocation scheme ” has the meaning given to it by section 22 ; “ anti-social behaviour ” has the same meaning as in section 1 of the Act of 1997; “ approved body ” means a body standing approved of for the purposes of section 6 of the Act of 1992; “ caravan ” has the same meaning as in section 13 of the Act of 1988; “Chapter 4 tenancy agreement” has the meaning given to it by section 25 and references to “Chapter 4 tenancy” shall be construed accordingly; “ development plan” has the same meaning as in section 2 of the Planning and Development Act 2000 ; “ dwelling ” includes any building or part of a building occupied or intended for occupation as a normal place of residence and includes any out-office, yard, garden or other land appurtenant thereto or usually enjoyed therewith and includes a house, flat, apartment, maisonette or hostel; “ estate management ” has the same meaning as in section 1 of the Act of 1997; “ executive function ” has the same meaning as in section 2 of the Local Government Act 2001 ; “homelessness action plan” has the meaning given to it by section 37 ; “homelessness consultative forum” has the meaning given to it by section 38 ; “homeless person” means a person who is regarded by a housing authority as being homeless within the meaning of section 2 of the Act of 1988 and “homeless” and “homeless household” shall be construed accordingly; “joint homelessness consultative forum” shall be read in accordance with section 38 ; “household” means, subject to sections 20 and 84 , a person who lives alone or 2 or more persons who live together; “ housing action programme ” has the meaning given to it by section 18 ; “ housing authority ” has the same meaning as in section 23 of the Act of 1992; “ housing services ” shall be read in accordance with section 10 ; “ housing services plan ” has the meaning given to it by section 14 ; “ housing strategy ” has the same meaning as in section 93 of the Planning and Development Act 2000 ; “ housing support ” shall be read in accordance with section 10 (a); “ local authority ” means a local authority for the purposes of the Local Government Act 2001 ; “ manager ” has the same meaning as in section 2 of the Local Government Act 2001 ; “ market rent ” has the same meaning as in section 24 of the Residential Tenancies Act 2004 ; “material improvements” means improvements made to— (a) a dwelling sold under an incremental purchase arrangement under Part 3 , or (b) subject to section 78
(3), a dwelling sold under an affordable dwelling purchase arrangement under Part 5 , whether for the purposes of extending, enlarging, repairing or converting the dwelling, but does not include decoration, or any improvements carried out on the land including the construction of the dwelling; “ Minister ” means the Minister for the Environment, Heritage and Local Government; “ prescribed ” means prescribed by regulations made by the Minister under this Act; “ Principal Act” means the Housing Act 1966 ; “public private partnership arrangement” has the same meaning as in section 3 of the State Authorities (Public Private Partnership Arrangements) Act 2002 ; “ refurbishment ” in relation to a dwelling or other building, includes the enlargement, improvement, adaptation or reconstruction of such dwelling or other building; “ rental accommodation availability agreement ” has the meaning given to it by section 24 ; “ rent scheme ” has the meaning given to it by section 31 ; “ reserved function ” has the same meaning as in section 2 of the Local Government Act 2001 ; “ social housing assessment ” has the meaning given to it by section 20 ; “ social housing support ” shall be read in accordance with section 19 .
(2)In this Act references to “borough council”, “county council” and “town council” shall be read in accordance with the Local Government Act 2001 . Regulations. 3.—
(1)The Minister may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect.
(2)Regulations made under this Act may— (
  1. a)contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations, and (
  2. b)may be expressed to apply either generally or to specified housing authorities or areas or to housing authorities, areas, apartment complexes (within the meaning of section 50 ), dwellings, tenancies, loans, mortgages, persons, households, works or any other matter of a specified class or classes, denoted by reference to such matters to which the provision or provisions of this Act under which the regulations are made relate, as the Minister considers appropriate, and different provisions of such regulations may be expressed to apply in relation to different housing authorities or areas or different classes of housing authorities, areas, apartment complexes (within the meaning of section 50 ), dwellings, tenancies, loans, mortgages, persons, households, works or other matters.
(3)Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Ministerial directions. 4.—
(1)The Minister may, from time to time, as he or she considers appropriate, give general policy directions in writing to a housing authority in relation to the performance by the housing authority of any of its functions under the Housing Acts 1966 to 2009 and the housing authority shall comply with any such directions.
(2)The Minister may, by direction in writing, revoke or amend a direction under subsection
(1), including a direction under this subsection.
(3)Whenever the Minister gives a direction under this section, he or she shall publish the direction or cause it to be published in the manner he or she considers appropriate.
(4)A housing authority shall make 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, a copy of any direction given to it under this section. Guidelines. 5.—
(1)The Minister may, from time to time, as he or she considers appropriate, issue to housing authorities such guidelines in relation to the performance of their functions under the Housing Acts 1966 to 2009 as he or she considers appropriate and housing authorities shall have regard to such guidelines in the performance of those functions.
(2)The Minister shall publish or cause to be published, in the manner he or she considers appropriate, any guidelines issued under this section.
(3)A housing authority shall make 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, a copy of any guidelines issued to it under this section. Limitation on Ministerial power. 6.— Without prejudice to section 12 , sections 4 and 5 shall not be construed as enabling the Minister to exercise any power or control in relation to any particular case with which a housing authority is or may be concerned. Repeals. 7.— The Acts specified in column
(3)of Schedule 1 are repealed to the extent specified in column
(4)of that Schedule. Consequential amendments. 8.— The Acts specified in Schedule 2 are amended as indicated in that Schedule. Expenses. 9.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 FUNCTIONS OF HOUSING AUTHORITIES Chapter 1 Housing Services Provision of housing services. 10.— In performing its functions under the Housing Acts 1966 to 2009, a housing authority may provide housing services, including, but not necessarily limited to, all or any of the following— (
  1. a)housing support provided to households for the purposes of meeting their accommodation needs, including: (
  2. i)social housing support; (
  3. ii)affordable housing; (iii) the granting of shared ownership leases under section 3 of the Act of 1992; (
  4. iv)the sale, or consent to the sale, of dwellings under section 90 of the Principal Act; (
  5. v)subsidies payable under section 4 of the Act of 1992 or section 7 of the Act of 2002; (
  6. vi)loans made under section 11 of the Act of 1992 or section 25
(1)of the Housing (Traveller Accommodation) Act 1998 ; (vii) grants for works of improvement or adaptation to houses under section 5 of the Act of 1992; (viii) grants and other assistance for the provision of new houses or improvement works to houses under section 6 of the Housing (Miscellaneous Provisions) Act 1979 ; (
  1. ix)services provided to homeless persons under section 10 of the Act of 1988; (
  2. x)the provision of sites under section 57 of the Principal Act, (
  3. b)assistance, other than financial assistance or housing support, provided— (
  4. i)in accordance with a homelessness action plan to households that were formerly homeless before their occupation of their current accommodation and, in the opinion of the housing authority, such assistance is necessary for the purposes of supporting those households in remaining in occupation of that accommodation, or (
  5. ii)to tenants of dwellings to which section 31
(1)applies, (
  1. c)the management, maintenance and refurbishment under section 28 of any dwelling, building or land of which the housing authority is the owner or which is under its management and control, and (
  2. d)the reconstruction or improvement under section 12 of the Act of 1988 of certain houses provided by housing authorities. Provision of ancillary services. 11.—
(1)In this section “ ancillary services ” include roads, shops, facilities for the benefit of the community (including health and leisure facilities), playgrounds, places of recreation, parks, allotments, open spaces, sites for places of worship, factories, schools, offices and other buildings or land and other such works or services, as will, in the opinion of a housing authority, serve a beneficial purpose either in connection with the requirements of the households for which the dwellings concerned are provided or in connection with the requirements of other households.
(2)In providing housing services and in connection with dwellings provided, to be provided or which, in the opinion of the housing authority will in the future require to be provided, a housing authority may provide and, if it considers appropriate, maintain in good order and repair, the ancillary services.
(3)For the purposes of subsection
(2)— (
  1. a)reference to the provision of dwellings includes dwellings provided, or maintained, on behalf of a housing authority pursuant to arrangements with an approved body, or public private partnership arrangements, and (
  2. b)reference to the provision and maintenance of ancillary services includes ancillary services provided pursuant to arrangements with an approved body, or public private partnership arrangements. Funding for housing services. 12.—
(1)The Minister may, for the purposes of the provision of housing services, with the consent of the Minister for Finance, pay to a housing authority, out of moneys provided by the Oireachtas, a grant or subsidy in respect of all or any one or more of the following: (
  1. a)the provision of dwellings or sites by the authority; (
  2. b)the refurbishment of dwellings provided by the authority; (
  3. c)the provision of caravans, or the provision, improvement or management by the authority of sites for caravans referred to in section 13 of the Act of 1988 for persons to whom that section applies; (
  4. d)the acquisition of land for the provision of dwellings or sites; (
  5. e)the provision of ancillary services in connection with the provision or improvement of dwellings or sites; (
  6. f)subject to such regulations as may be made under this section, the provision of assistance to an approved body under section 6 of the Act of 1992; (
  7. g)such measures as may be taken by the housing authority pursuant to its housing services plan for the purposes of improving its housing services; (
  8. h)such measures as may be taken by the housing authority pursuant to its homelessness action plan relating to the provision of assistance under section 10 (
  9. b)(i).
(2)A grant or subsidy shall not be paid under this section in respect of a dwelling, site or works unless the relevant dwelling, site or works comply on completion with such conditions, if any, as may, from time to time, be determined by the Minister for the purposes of this section in relation to standards of construction and works and the provision of water, sewerage and other services in dwellings or to sites.
(3)A subsidy under subsection
(1)in respect of loan charges incurred in the provision of any of the housing services referred to in that subsection may be made either to the housing authority concerned or, on its behalf, to the person who made the relevant loan in respect of which the loan charges were incurred.
(4)The Minister may make regulations in relation to the payment of a grant or subsidy under subsection
(1)(
  1. f)providing for all or any one or more of the following: (
  2. a)the class or classes of accommodation in respect of which the grant or subsidy may be paid and the class or classes of households for whom such accommodation is provided; (
  3. b)the amount of the grant or subsidy; (
  4. c)requirements in relation to— (
  5. i)the assistance in respect of which the grant or subsidy may be paid, (
  6. ii)the payment of the grant or subsidy, (iii) the financial and other circumstances of households occupying accommodation in respect of which the grant or subsidy may be paid, (
  7. iv)the occupation and maintenance of accommodation in respect of which the grant or subsidy may be paid, (
  8. v)the floor area of accommodation in respect of which the grant or subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister, (
  9. vi)standards of construction, works and repair and the availability in accommodation, in respect of which the grant or subsidy may be paid, of water, sewerage and other services, and (vii) the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of the accommodation concerned. Housing authority resources. 13.— Any moneys accruing to a housing authority from— (
  10. a)the sale of a dwelling owned by the authority, including a sale under section 90 of the Principal Act or Part 3 or 4, (
  11. b)the resale of a dwelling under section 48 or 76 , (
  12. c)an approved body in respect of the resale of a dwelling referred to in paragraph (b), (
  13. d)payments in respect of any amounts outstanding under section 47 or 75 , as the case may be, (
  14. e)the resale of a dwelling under section 9 of the Act of 2002, (
  15. f)the purchase of the interest of the housing authority or the sale of a dwelling, as the case may be, under section 10 of the Act of 2002, (
  16. g)the resale of certain sites, or dwellings on such sites, under section 98 , or (
  17. h)the repayment of a grant to which section 99 applies, shall be accounted for by the housing authority in a separate account and, subject to the prior approval of the Minister, may be used for the provision of housing or for the refurbishment or maintenance of existing housing, or any other related purposes. Chapter 2 Housing Services Plan Obligation to make housing services plan. 14.—
(1)Each housing authority shall make a plan (in this Act referred to as a “housing services plan”) setting out the objectives which the housing authority considers to be reasonable and necessary for the provision of housing services having regard to the requirements of the housing strategy or strategies relating to housing supports for its administrative area.
(2)A housing services plan shall be in writing and shall specify how the housing authority proposes to provide housing services.
(3)Subject to subsection
(5), a housing authority shall adopt a housing services plan not later than 6 months after the date on which the current development plan is made.
(4)A housing services plan shall relate to the remaining period of the housing authority’s current development plan.
(5)(
  1. a)The Minister may direct a housing authority or housing authorities to make a housing services plan relating to the remaining period of the development plan in operation, on the coming into operation of this section, in respect of the administrative area concerned and this Chapter shall apply to the preparation and making of such a plan. (
  2. b)A housing authority shall comply with any direction given to it under paragraph (a).
(6)The preparation, making, adoption or variation of a housing services plan, or draft plan, as the case may be, is a reserved function. Content of housing services plan. 15.—
(1)In making a housing services plan, a housing authority shall, in particular, have regard to the following: (
  1. a)the development plan or plans for its administrative area; (
  2. b)any summary or summaries of social housing assessments prepared under section 21 ; (
  3. c)the demand for affordable housing in its administrative area; (
  4. d)the accommodation programme or programmes adopted for its administrative area in accordance with section 7 of the Housing (Traveller Accommodation) Act 1998 ; (
  5. e)the homelessness action plan adopted in accordance with Chapter 6 in respect of its administrative area; (
  6. f)the need to ensure that housing services are delivered in a manner which promotes sustainable communities, including but not necessarily limited to the need to— (
  7. i)counteract undue segregation in housing between persons of different social backgrounds, and (
  8. ii)ensure that a mixture of dwelling types and sizes and of classes of tenure is provided to reasonably match the different types of housing support required in its administrative area; (
  9. g)its anti-social behaviour strategy (if any) under section 35 ; (
  10. h)any directions given by the Minister under subsection
(2); (i) the matters specified in section 69 of the Local Government Act 2001 to which local authorities are required to have regard in performing their functions.
(2)(
  1. a)The Minister may direct a housing authority to include in its housing services plan such information as he or she considers necessary, including, but not necessarily limited to, information on, and priorities relating to, each of the following: (
  2. i)the provision of appropriate housing supports; (
  3. ii)proposed measures to ensure that housing supports are delivered in a manner which promotes sustainable communities; (iii) the quality, standards and condition of housing owned by the housing authority, and priorities for refurbishment; (
  4. iv)plans for the regeneration of the administrative area concerned or any part of it; (
  5. v)the policies of the housing authority relating to the management and maintenance of dwellings or sites owned or controlled by it. (
  6. b)A housing authority shall comply with any direction given to it under paragraph (a).
(3)A housing services plan shall include the summary or summaries, prepared under section 21 , of the social housing assessments carried out in respect of the administrative area concerned. Preparation of draft plan and making of plan. 16.—
(1)A housing authority shall prepare a draft of the housing services plan and shall send a copy of the draft housing services plan to— (
  1. a)the Minister, (
  2. b)every local authority whose administrative area adjoins, or is contained in, the administrative area of the authority preparing the draft plan, (
  3. c)the Health Service Executive, (
  4. d)approved bodies engaged in the provision of accommodation or shelter in the administrative area concerned, (
  5. e)the homelessness consultative forum in its administrative area, or joint homelessness consultative forum, as the case may be, (
  6. f)any local traveller accommodation consultative committee in the administrative area concerned appointed under section 21 of the Housing (Traveller Accommodation) Act 1998 , and (
  7. g)such local community bodies in the administrative area concerned and any other person, as the housing authority considers appropriate.
(2)Written submissions or observations with respect to the draft housing services plan may be made by the persons specified in subsection
(1)to the housing authority within 8 weeks from the date on which the draft plan is sent under subsection
(1).
(3)Where the Minister considers that any draft housing services plan fails to adequately take account of any of the matters specified in section 15
(1), the Minister may, within the period specified in subsection
(2), for stated reasons, direct the housing authority concerned to take specified measures to ensure that the housing services plan, when made, takes adequate account of those matters and the housing authority shall comply with any such direction.
(4)Not later than 4 weeks after the end of the period specified in subsection
(2), the manager shall prepare and submit to the housing authority a report on— (a) any submissions or observations made under subsection
(2), (b) the directions (if any) of the Minister under subsection
(3)and the stated reasons for those directions, and (c) any aspect of the draft housing services plan (other than aspects of the draft plan the subject of any ministerial direction under subsection
(3)) that, in his or her opinion, fails to adequately take account of any of the matters specified in section 15
(1).
(5)The housing authority shall, having taken account of the directions of the Minister (if any) under subsection
(3)and the manager’s report under subsection
(4), adopt the housing services plan, with or without modification, within 6 weeks after the submission of the manager’s report.
(6)The housing authority shall— (
  1. a)give a copy of the housing services plan to the Minister as soon as practicable after it is adopted, (
  2. b)make the housing services plan available for inspection on request by any person, without charge, at its offices and such other places as it considers appropriate, during normal office hours, (
  3. c)on request by any person, provide a copy of the housing services plan at a price not exceeding the reasonable cost of reproduction, and (
  4. d)publish and maintain a copy of the housing services plan on the Internet for the period of the plan. Variation of housing services plan. 17.—
(1)Where the manager considers that there has been a change in any of the matters specified in section 15
(1)that significantly affects the housing services plan, including any adjustment of a housing strategy pursuant to section 95
(3)of the Planning and Development Act 2000 , the manager shall submit a report on the matter to the members of the housing authority and, where the manager considers it necessary and appropriate, he or she may recommend that the housing services plan be varied accordingly and the housing authority may, having taken account of any such recommendations, as it considers appropriate, decide to vary the plan or part or parts thereof accordingly.
(2)Where the Minister considers that there has been a change in circumstances that significantly affects all or any part or parts of one or more than one housing services plan, he or she may give a direction requiring the housing authority or authorities concerned to vary the plan or plans or part or parts thereof accordingly and the housing authority or authorities, as the case may be, shall comply with any such direction.
(3)Section 16 applies to the variation of a plan as it applies to the preparation and adoption of a plan, with any necessary modifications. Housing action programme. 18.—
(1)The manager shall, from time to time, in such form and for such period as the Minister may direct, prepare a programme (in this Act referred to as a “housing action programme”) for implementation of the housing services plan.
(2)A housing action programme shall— (
  1. a)take account of the financial resources available for the period to which the programme relates, and (
  2. b)include such matters as the Minister may specify in a direction given under subsection
(1), including (except in the case of the first housing action programme) a review of progress made in the implementation of the housing services plan during the period of the previous housing action programme.
(3)The manager shall provide a copy of the housing action programme to the Minister, the members of the housing authority and the members of any borough council or town council situated in the administrative area of the housing authority. Chapter 3 Social Housing Support Provision of social housing support. 19.—
(1)A housing authority may, in accordance with the Housing Acts 1966 to 2009 and regulations made thereunder, provide, facilitate or manage the provision of social housing support.
(2)Without prejudice to the generality of subsection
(1), social housing support may include all or any of the following: (
  1. a)dwellings provided by a housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , other than affordable housing; (
  2. b)dwellings provided by an approved body; (
  3. c)the sale of a dwelling under Part 3; (
  4. d)entering into and maintaining rental accommodation availability agreements; (
  5. e)the provision of sites for caravans referred to in section 13 of the Act of 1988 and any accommodation provided to travellers under the Housing (Traveller Accommodation) Act 1998 ; (
  6. f)the provision of sites for building purposes under section 57 of the Principal Act.
(3)A housing authority may, in accordance with the Housing Acts 1966 to 2009 and regulations made thereunder, for the purposes of providing social housing support to households, whether provided on a permanent or temporary basis— (a) purchase, build, lease or otherwise acquire dwellings or sites, (b) convert buildings, and (c) refurbish dwellings.
(4)In performing its functions under subsections
(2)and
(3)a housing authority shall have regard to its housing services plan and the need to— (
  1. a)counteract undue segregation in housing between persons of different social backgrounds, and (
  2. b)ensure that a mixture of dwelling types and sizes and of classes of tenure is provided to reasonably match the requirements of households.
(5)A housing authority may, with the approval of the Minister, enter into a public private partnership arrangement for the performance of its functions under subsection
(1).
(6)The power of a housing authority to provide dwellings and sites for building purposes under the Housing Acts 1966 to 2009 shall, in the case of a county council, be deemed to include, and always to have included, a power to provide dwellings or sites, as the case may be, in a town listed in Part 2 of Schedule 6 of the Local Government Act 2001 , as if, for the purpose of such provision, the town formed part of the administrative area of the council. Social housing assessment. 20.—
(1)A reference in this section to a household shall be read as including a reference to 2 or more persons who, in the opinion of the housing authority concerned, have a reasonable requirement to live together.
(2)Where a household applies for social housing support, the housing authority concerned shall, subject to and in accordance with regulations made for the purposes of this section, carry out an assessment (in this Act referred to as a “ social housing assessment ”) of the household’s eligibility, and need for, social housing support for the purposes of determining— (a) whether the household is qualified for such support, and (b) the most appropriate form of any such support.
(3)A housing authority may carry out a social housing assessment where a household has been in receipt of a supplement under section 198
(3)of the Social Welfare Consolidation Act 2005 towards the amount of rent payable by the household in respect of the household’s residence for such period as may be prescribed.
(4)The Minister may make regulations providing for the means by which the eligibility of households for social housing support shall be determined including, but not necessarily limited to, the following: (
  1. a)the maximum income threshold based on a household comprising one person; (
  2. b)the methodology according to which the threshold referred to in paragraph (
  3. a)shall be adjusted for households comprising more than one person; (
  4. c)the manner in which a housing authority shall set the income threshold, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, which in any case shall not be more than the maximum income threshold referred to in paragraph (a); (
  5. d)the procedures to be applied by a housing authority for the purposes of determining a household’s eligibility by reference to income; (
  6. e)the availability to the household of alternative accommodation that would meet its housing need; (
  7. f)social housing support previously provided by any housing authority to the household which may be taken account of by a housing authority in making a determination as to the most appropriate form of social housing support for that household; (
  8. g)the period for which a household is required to be in receipt of the supplement referred to in subsection
(3).
(5)A household shall not be eligible for social housing support where— (
  1. a)at any time during the 3 years immediately before the carrying out of the social housing assessment, the household or a member of the household was in arrears of rent for an accumulated period of 12 weeks or more in respect of any dwelling or site let to them by any housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , and (
  2. b)the housing authority has not entered into an arrangement under section 34 with the household or the member concerned for the payment of the moneys due and owing to the housing authority in respect of those arrears.
(6)The Minister may make regulations providing for the matters by reference to which a household’s need for social housing support and the form of such support shall be determined including, but not necessarily limited to, the following: (
  1. a)the description and classification of household need; (
  2. b)the description of specific accommodation requirements according to different categories of household need; (
  3. c)the description of accommodation need based on the composition of the household.
(7)The Minister may make regulations in relation to the carrying out of social housing assessments, including, but not necessarily limited to, the following: (
  1. a)the form and manner in which a social housing assessment shall be carried out; (
  2. b)the period within which an application for social housing support shall be dealt with by a housing authority; (
  3. c)notification by the housing authority of the making of a decision in respect of an application for social housing support; (
  4. d)the frequency of reviewing and updating assessments.
(8)In carrying out a social housing assessment under this section, a housing authority may disregard the accommodation the household is occupying where the authority has reason to believe that the household, or any member of it, has deliberately or without good and sufficient reason done or failed to do anything (other than an action or omission in good faith) in consequence of which the accommodation the household is so occupying is less suitable for its adequate housing than other accommodation which it would have been, or would be, reasonable for the household to occupy.
(9)A household in receipt of social housing support referred to in section 19
(2)(b), before the coming into operation of this section, is deemed to have been assessed and qualified for such social housing support under this section.
(10)A housing authority shall not be required to carry out a social housing assessment for the purposes of the sale of a dwelling under an incremental purchase arrangement (within the meaning of section 43 ) to an eligible household (within the meaning of paragraph (
  1. b)of the definition of “eligible household” in section 43 ). Summary of social housing assessments. 21.— A housing authority shall— (
  2. a)for the purposes of preparing an estimate under section 94
(4)(a)(
  1. i)of the Planning and Development Act 2000 of the amount of housing required for households assessed under section 20 as being qualified for social housing support, (
  2. b)when preparing a draft housing services plan under section 16 , (
  3. c)when preparing an accommodation programme under section 7 of the Housing (Traveller Accommodation) Act 1998 , or (
  4. d)as the Minister may from time to time direct, prepare a summary, in the prescribed form, of the social housing assessments carried out in its administrative area. Allocation of dwellings. 22.—
(1)This section applies to— (
  1. a)dwellings provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 — (
  2. i)of which a housing authority is the owner, or (
  3. ii)of which the housing authority is not the owner and which are provided under a contract or lease between the housing authority and the owner concerned, including rental accommodation availability agreements, and (
  4. b)dwellings owned and provided by approved bodies to whom assistance is given under section 6 of the Act of 1992 for the purposes of such provision.
(2)A housing authority may allocate a dwelling under this section to a household in accordance with a scheme made under subsection
(3).
(3)A housing authority shall, not later than one year after the coming into operation of this section, in accordance with this section and any regulations made thereunder, make a scheme (in this Act referred to as an “ allocation scheme ”) determining the order of priority to be accorded in the allocation of dwellings to— (
  1. a)households assessed under section 20 as being qualified for social housing support, and (
  2. b)households, in receipt of social housing support, that have applied to the housing authority to transfer to another dwelling or to purchase a dwelling under Part 3 and the housing authority consents to the transfer, or purchase, as the case may be.
(4)The Minister may make regulations providing for the matters to be included in an allocation scheme, including the following: (
  1. a)the manner in which dwellings, or different categories of dwellings, are allocated to households; (
  2. b)the order or priority in accordance with which dwellings are allocated under the allocation scheme; (
  3. c)the conditions relating to refusals by a household of reasonable offers of social housing support offered in accordance with an allocation scheme by reference to the availability of social housing support in the administrative area concerned, the number of offers made to, and refusals made by, a household and the period during which those offers and refusals are made.
(5)Having regard to section 19
(4), a housing authority shall make provision in its allocation scheme for the proportion of dwellings in any part or parts of its administrative area which may be reserved for all or any of the following purposes: (
  1. a)allocation to particular classes of household; (
  2. b)particular forms of tenure; (
  3. c)allocation to households transferring from other forms of social housing support.
(6)An allocation scheme may include conditions subject to which the preference of a household to reside in a particular area or areas may be taken into account in allocating a dwelling to such a household, including, but not necessarily limited to, conditions relating to— (
  1. a)whether the household or any member of it currently resides, or at any time has resided, and for what period, in the area or areas concerned, (
  2. b)the distance of the area or areas from the place of employment of any member of the household, (
  3. c)whether any members of the household are attending any university, college, school or other educational establishment in the area or areas concerned, and (
  4. d)whether any relatives of any member of the household reside in the area or areas concerned.
(7)Notwithstanding the generality of subsection
(2), a housing authority may disregard the order of priority given to a household under an allocation scheme where the household is being provided with social housing support— (a) in a dwelling let to the household under a Chapter 4 tenancy agreement having been assessed under section 20
(3), or (b) arising from specified exceptional circumstances, including displacement by fire, flood or any other emergency, development, redevelopment or regeneration of an area by the housing authority, or exceptional medical or compassionate grounds.
(8)An allocation scheme may provide that the housing authority shall obtain and have regard to a report from a medical practitioner employed by the Health Service Executive in the allocation of dwellings where priority is claimed on grounds consisting of, or including, exceptional medical grounds.
(9)A housing authority may from time to time review its allocation scheme and, as it considers necessary and appropriate, amend the scheme or make a new scheme.
(10)The making of an allocation scheme, or the amendment to such a scheme, are reserved functions.
(11)The allocation of a dwelling to a household is an executive function.
(12)The manager shall— (
  1. a)prepare and submit to the members of the housing authority not later than 30 April in each year a written report on allocations made under its allocation scheme by specifying the different categories of dwellings and households and the proportions of each such category, by reference to the total number of such allocations in the preceding year, and (
  2. b)provide a copy of the report prepared under paragraph (
  3. a)to the Minister, if the Minister requests such a copy.
(13)Notwithstanding the repeal by this Act of section 11 of the Act of 1988, a scheme of priorities made by a housing authority under that section and in force immediately before the coming into operation of this section continues to have effect after such coming into operation and is deemed to have been made under this section until an allocation scheme under this section comes into force.
(14)A housing authority shall make a copy of its allocation 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.
(15)Before making or amending an allocation scheme, a housing authority shall provide a draft of the scheme or amendment to the scheme, as the case may be, to the Minister, who may direct the housing authority to amend the draft scheme or draft amendment, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.
(16)The Minister may, as he or she considers necessary and appropriate, direct a housing authority to amend an allocation scheme, in such manner as he or she may direct, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.
(17)(
  1. a)The Minister may issue directions to a housing authority regarding the operation of an allocation scheme and the housing authority shall comply with any such direction in operating the scheme. (
  2. b)Nothing in paragraph (
  3. a)shall be construed or operate to enable the Minister to direct the allocation of a dwelling to a specific household. Chapter 4 Rental Accommodation Arrangements Interpretation (Chapter 4). 23.— In this Chapter— “ Act of 2004 ” means the Residential Tenancies Act 2004 ; “ authorised agent ” has the same meaning as in the Act of 2004; “ dwelling to which this Chapter applies ” means a dwelling which is the subject of a rental accommodation availability agreement; “ qualified tenant ” means a household assessed under section 20 as being qualified for social housing support; “ rental accommodation availability agreement ” has the meaning given to it by section 24 and references to “availability agreement” shall be construed accordingly; “ rental accommodation provider ” means a person who makes a dwelling, of which he or she is the owner, available under a rental accommodation availability agreement for the purposes of letting to a qualified tenant in accordance with this Chapter, and references to “provider” shall be construed accordingly; “ rent contribution ” has the meaning given to it by section 25 . Rental accommodation availability agreement. 24.—
(1)Subject to such regulations as may be made for the purposes of this section and such terms and conditions as may be prescribed, a housing authority may, by order of the manager, enter into an agreement (in this Act referred to as a “rental accommodation availability agreement” ) with a rental accommodation provider pursuant to the terms and conditions of which availability agreement the provider agrees to— (
  1. a)make the dwelling available for a specified period for the purposes of this Chapter, and (
  2. b)let the dwelling pursuant to a tenancy agreement— (
  3. i)to such qualified tenant as the housing authority may from time to time allocate to the tenancy in accordance with section 22 , or to the housing authority, or (
  4. ii)to the qualified tenant specified in the availability agreement, in consideration of which availability agreement and subject to the terms and conditions thereof and the tenancy agreement, the housing authority guarantees the payment of the rent specified in the tenancy agreement and agrees to pay any other moneys, payable by the housing authority, specified in the availability agreement or the tenancy agreement, as the case may be.
(2)A housing authority shall not enter into a rental accommodation availability agreement unless the provider— (
  1. a)satisfies the housing authority, in accordance with regulations made for the purposes of this section, that the dwelling complies with any standards for dwellings for the time being prescribed under section 18 of the Act of 1992, and (
  2. b)gives to the housing authority— (
  3. i)his or her tax reference number within the meaning of section 888 of the Taxes Consolidation Act 1997 , and (
  4. ii)a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997 .
(3)A rental accommodation availability agreement shall be in writing and shall include the following information— (
  1. a)the address of the dwelling, (
  2. b)the name and address for correspondence of the provider and of the housing authority, (
  3. c)the name and address for correspondence of the provider’s authorised agent (if any), (
  4. d)if the provider or his or her authorised agent, as the case may be, is a company, the registered number and registered office of the company, (
  5. e)a description of the dwelling, indicating— (
  6. i)the estimated floor area, (
  7. ii)the number of bed spaces, (iii) a statement as to which of the following categories it belongs, namely, a whole or part of a house, a maisonette, an apartment or a flat and, where it is within the category of a house or maisonette, an indication as to whether the house or maisonette is detached, semi-detached or terraced, and (
  8. iv)the number of bedrooms, and (
  9. f)the term of the availability agreement.
(4)An availability agreement shall include terms and conditions relating to— (
  1. a)the payment of the rent and any other moneys, payable by the housing authority, specified in the tenancy agreement, (
  2. b)the responsibility of the provider in relation to any works to be carried out, as are necessary to ensure that the dwelling complies with the standards for dwellings for the time being prescribed under section 18 of the Act of 1992, before the commencement of the tenancy or where there is more than one tenancy during the term of the availability agreement, before each such tenancy, (
  3. c)the registration by the provider under Part 7 of the Act of 2004 of the tenancy or each tenancy entered into during the term of the availability agreement, (
  4. d)such access as may reasonably be required by officers or agents authorised by the housing authority for the purposes of inspection of the dwelling during the term of the availability agreement, (
  5. e)termination of the availability agreement by the housing authority or the provider, as the case may be, and (
  6. f)such other matters as the housing authority considers necessary and appropriate relating to the standard of the accommodation concerned.
(5)The Minister may make regulations for the purposes of this section providing for, but not necessarily limited to, the following: (a) the manner in which a provider shall satisfy the housing authority for the purposes of subsection
(2)(a), including by the provision of a certificate of compliance; (
  1. b)the class or classes of persons who may provide a certificate of compliance referred to in paragraph (a); (
  2. c)the information to be provided by a provider to the housing authority before entering into an availability agreement including information relating to the provider, his or her authorised agent (if any) and the dwelling concerned; (
  3. d)in relation to the termination of an availability agreement by the housing authority or the provider— (
  4. i)the terms and conditions relating to, and procedures for, termination, (
  5. ii)the grounds on which an availability agreement may be terminated, (iii) the giving of notice and notice periods, and (
  6. iv)the procedure for resolution of any dispute arising from the proposed termination of the availability agreement including appeal procedures, and (
  7. e)the period within which a provider shall serve a notice of termination on a qualified tenant pursuant to section 25
(6). Chapter 4 tenancy agreement. 25.—
(1)A housing authority may allocate a dwelling to which this Chapter applies to a qualified tenant in accordance with section 22 .
(2)The provider shall, subject to the terms and conditions of the rental accommodation availability agreement enter into a tenancy agreement (in this Act referred to as a “Chapter 4 tenancy agreement”) with the qualified tenant to whom the dwelling concerned is allocated.
(3)A dwelling to which this Chapter applies which is the subject of a Chapter 4 tenancy agreement shall not be construed as a dwelling let by or to a public authority for the purposes of section 3
(2)(c) of the Act of 2004.
(4)A Chapter 4 tenancy agreement shall be in writing, for such period as may be specified therein, and shall include the following particulars relating to the parties to the tenancy, the tenancy and the dwelling concerned: (
  1. a)the address of the dwelling; (
  2. b)the name of the tenant; (
  3. c)the name and address for correspondence of the provider and of the housing authority; (
  4. d)the name and address for correspondence of the provider’s authorised agent (if any); (
  5. e)if the provider or his or her authorised agent, as the case may be, is a company, the registered number and registered office of the company; (
  6. f)a description of the dwelling; (
  7. g)the date of commencement of the tenancy; (
  8. h)where the tenancy is for a fixed term, the period of that term.
(5)A Chapter 4 tenancy agreement shall, in addition to the obligations imposed under Part 2 of the Act of 2004, include terms and conditions relating to— (
  1. a)occupation of the dwelling, (
  2. b)the payment by the qualified tenant to the housing authority of an amount specified in the tenancy agreement (in this Act referred to as the “rent contribution”) at such times as may be specified therein, and (
  3. c)termination of the tenancy for— (
  4. i)failure to pay the rent contribution in accordance with the terms and conditions of the tenancy agreement, (
  5. ii)breach of the terms and conditions relating to occupation of the dwelling under paragraph (a), or (iii) knowingly permitting a person, against whom an excluding order under section 3 of the Act of 1997 or an interim excluding order under section 4 of that Act is in force in respect of the dwelling concerned, to enter the dwelling in breach of the excluding order or interim excluding order, as the case may be.
(6)(a) Where a qualified tenant does any of the things specified in subsection
(5)(c), he or she shall have failed to comply with the obligations of the tenancy for the purposes of section 67 of the Act of 2004. (b) Where it comes to the notice of the housing authority that a tenant is doing or has done any of the things specified in subsection
(5)(
  1. c)or is or was behaving in a way that is anti-social in breach of the obligation specified in section 16(
  2. h)of the Act of 2004, the housing authority may notify the provider in writing regarding the failure to comply with the said obligations. (
  3. c)A provider, having received notification from the housing authority under paragraph (b), shall, within such period as may be prescribed under section 24
(5)(e), if the provider has not already done so under section 67 of the Act of 2004, serve a notice of termination on the qualified tenant in accordance with subsection
(2)of the said section 67.
(7)Where a provider serves a notice of termination on a qualified tenant pursuant to a notice from a housing authority under subsection
(6)(b), the provider shall give a copy of the notice to the housing authority as soon as practicable thereafter.
(8)Where the provider intends to serve notice of termination on a qualified tenant in accordance with the terms and conditions of the tenancy agreement, other than pursuant to a notice from the housing authority under subsection
(6)(b), the provider shall give notice in writing to the housing authority not less than 14 days before serving the notice of termination on the qualified tenant.
(9)Where the housing authority intends to apply to the District Court for an excluding order against a person under section 3
(2)of the Act of 1997, in respect of a dwelling the subject of a Chapter 4 tenancy agreement, the housing authority shall give notice in writing to the provider of its intention to apply not less than 14 days before making the application.
(10)The rent contribution shall be determined by a housing authority in accordance with a rent scheme under section 31 .
(11)A housing authority may reduce the rent contribution payable under a Chapter 4 tenancy agreement, for a specified period of the tenancy, where the costs of the accommodation to the tenant before the tenancy agreement was entered into were substantially lower than the costs under the tenancy agreement, resulting in hardship to the household. Expenses incurred by housing authority. 26.— The Minister may, subject to the prior consent of the Minister for Finance, make payments, out of moneys provided by the Oireachtas, to a housing authority in respect of some or all of the expenses, including administrative expenses, incurred by the authority by virtue of this Chapter. Non-application of certain provisions to disposals for purposes of this Chapter. 27.— Section 211
(2)of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal, for any of the purposes of this Chapter, of land or a dwelling by a housing authority. Chapter 5 Management and Control Functions Management and control functions. 28.—
(1)Subject to this section, the management and control of any— (
  1. a)dwelling, building, site or other land of which a housing authority is the owner, or (
  2. b)works or services provided by the authority under the Housing Acts 1966 to 2009, shall be vested in and exercised by the housing authority.
(2)Where a dwelling is provided by a housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , the management and control of the common areas appurtenant to and enjoyed with the dwelling are not required to be vested in the housing authority under subsection
(1).
(3)Subject to this section, a housing authority may perform management and control functions in respect of any dwelling 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.
(4)Subject to the Housing Acts 1966 to 2009 and regulations made thereunder, a housing authority may in respect of a dwelling or site to which subsection
(1)(
  1. a)applies: (
  2. a)allocate the dwelling to a household in accordance with section 22 ; (
  3. b)specify the terms and conditions of the tenancy agreement between the housing authority and the tenant governing the letting of the dwelling in accordance with section 29 ; (
  4. c)specify such rent and make any other charges for the tenancy, occupation or use of the dwelling as the housing authority may determine from time to time in accordance with section 31 ; (
  5. d)in relation to any other building or land or works or services provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 , make such charges, whether by way of rent or otherwise, as it considers appropriate; (
  6. e)sell the dwelling under section 90 of the Principal Act or Part 3 or 4; (
  7. f)carry out such works of maintenance, repair or refurbishment, or other activities, as the housing authority may consider necessary and appropriate, for the purposes of securing the proper maintenance of the dwelling or the estate in which the dwelling is situated and the good management of that estate, having regard to the objectives set out in its housing services plan.
(5)Subject to the Housing Acts 1966 to 2009 and regulations made thereunder, a housing authority may, in respect of a dwelling to which subsection
(3)applies, subject to the provisions of any contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement: (
  1. a)allocate the dwelling to a household in accordance with section 22 ; (
  2. b)specify the terms and conditions of a tenancy agreement governing the letting of the dwelling in accordance with section 29 , as appropriate; (
  3. c)specify such rent and any other charges for the tenancy, occupation or use of the dwelling as the housing authority may determine from time to time in accordance with section 31 ; (
  4. d)carry out such works of maintenance, repair or refurbishment or other activities, as the authority may consider necessary and appropriate, for the purposes of securing the proper maintenance of the dwelling or the estate in which the dwelling is situated and the good management of that estate, having regard to the objectives set out in its housing services plan.
(6)The Land Law (Ireland) Act 1881 shall not apply as respects the letting by a housing authority of an allotment provided under section 11 and such letting shall, unless a provision to the contrary is contained in a letting agreement, be deemed to be a letting for temporary convenience and determinable at the end of any month. Tenancy agreements. 29.—
(1)This section applies to— (a) a dwelling referred to in section 28
(1), and (b) a dwelling referred to in section 28
(3), other than a dwelling which is the subject of a rental accommodation availability agreement.
(2)The letting of a dwelling to which this section applies shall be subject to a tenancy agreement which shall be in writing, in the prescribed form and, subject to subsection
(3)— (
  1. a)shall include the terms and conditions specified in Schedule 3 under which the household is permitted to occupy or use the dwelling, and (
  2. b)may include such other terms and conditions as the housing authority concerned considers necessary and appropriate in respect of the letting.
(3)In the case of a dwelling referred to in subsection
(1)(b), the terms and conditions of a tenancy agreement shall be subject to the terms of the contract or lease between the housing authority and the owner of the dwelling.
(4)The Minister may by regulations prescribe all or any one or more of the following: (
  1. a)the form or forms of tenancy agreement; (
  2. b)the term of a tenancy by reference to a specified class or specified classes of dwelling and whether the tenancy is periodic or for a fixed term; (
  3. c)the notice periods required for termination of a class or classes of tenancy by the housing authority or tenant, as the case may be; (
  4. d)procedures for termination of a tenancy by the housing authority or tenant, as the case may be. Delegation of management and control functions. 30.—
(1)Subject to such regulations as may be made for the purposes of this section, a housing authority may delegate to a designated body all or any one or more of its functions (including maintenance) in respect of the management and control of a dwelling of which it is the owner.
(2)A delegation by a housing authority under subsection
(1)shall specify— (
  1. a)the designated body for the purposes of the delegation, (
  2. b)the functions being delegated to the designated body, and (
  3. c)the dwellings to which the delegation applies.
(3)Without prejudice to the generality of subsection
(2), the Minister may make regulations providing for, but not necessarily limited to, all or any one or more of the following: (
  1. a)the constitution and composition of a designated body; (
  2. b)the procedures of a designated body; (
  3. c)the terms and conditions of a delegation; (
  4. d)the form of an agreement between a housing authority and a designated body in relation to a delegation; (
  5. e)the class or classes of dwellings in respect of which a delegation may be made; (
  6. f)the monitoring by a housing authority of activities being carried out by a designated body under a delegation, including the inspection by the authority of dwellings; (
  7. g)the provision by a designated body of periodic reports and accounts on its activities to a housing authority; (
  8. h)the auditing of the annual accounts of a designated body.
(4)A housing authority may, at its discretion, revoke a delegation under this section whereupon the functions which had been delegated shall again be vested in and exercised by the authority with effect from a date specified in the resolution revoking the delegation.
(5)The delegation of a function to a designated body or the revocation of any such delegation under this section shall be reserved functions.
(6)A delegation under subsection
(1)may provide for all or any of the following: (
  1. a)arrangements in relation to the carrying out of works of maintenance, repair or environmental improvement or ancillary works; (
  2. b)the collection of rent or any other charges due to the housing authority from a tenant, in accordance with a rent scheme under section 31 ; (
  3. c)the assignment of all or any part of the proceeds of such rent or other charges to the designated body to defray in whole or in part the costs of management and maintenance of a dwelling and common areas appurtenant to such dwelling; (
  4. d)the right of the housing authority to inspect any book, document or other record (including records stored in a non-legible form) of the designated body in relation to the management and control of a dwelling; (
  5. e)assistance by the housing authority to the designated body whether financial or otherwise; (
  6. f)any other related or incidental matter which the housing authority considers appropriate, including matters set out in the relevant housing services plan relating to the policy on management and maintenance of dwellings owned by the housing authority.
(7)For the purposes of this section “ designated body ” means an association, council, committee or other body whether corporate or unincorporated which is— (
  1. a)(
  2. i)established by and represents residents of an area within which are located dwellings that are to be the subject of a delegation under this section, or (
  3. ii)established jointly by such residents and the housing authority and any other person or body (whether corporate or unincorporated) approved of by the authority, and (
  4. b)declared by the authority by resolution to be a designated body for the purposes of this section. Rent schemes and charges. 31.—
(1)This section applies to a dwelling provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 — (
  1. a)of which the housing authority is the owner, or (
  2. 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.
(2)In this section references to rent include a rent contribution payable by a tenant under a Chapter 4 tenancy agreement.
(3)A housing authority may, in accordance with this section, in respect of a dwelling to which this section applies— (
  1. a)charge such rent or make such other charge for the tenancy or occupation thereof as it may determine from time to time, and (
  2. 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— (
  1. 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 (
  2. b)charges relating to— (
  3. 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 (
  4. ii)the provision of services where those services are also provided to the occupants of other dwellings.
(5)(a) A housing authority shall, in accordance with this section and regulations made for the purposes of this section, within one year of its coming into operation, 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.
(6)The Minister may, for the purposes of this section, by regulations provide for the matters to be included in a rent scheme including: (
  1. 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; (
  2. b)the manner in which the size, standard, location and amenity of any class or classes of dwellings shall be taken into account in determining rent, having regard to the market rent in respect of dwellings of a similar size, standard, location and amenity situated in the administrative area concerned; (
  3. 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; (
  4. d)the amount, or method of calculation, of any allowances in respect of rent which may be made for dependents; (
  5. e)the procedure for rent review including rent increases during the period of the tenancy having regard to the cost of providing social housing support and any changes in household circumstances or income levels; (
  6. f)the manner in which the charges referred to in subsection
(4)shall be determined; (g) the waiving of rent and other charges, in whole or in part, on a temporary basis, in case of financial hardship.
(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. Information requirements. 32.—
(1)This section applies to— (
  1. a)a household which has applied for housing support and in respect of whom a decision has not been made to provide a dwelling or site, including a household which applied for housing support before the coming into operation of this section, (
  2. b)a household in respect of whom— (
  3. i)a social housing assessment is being carried out under section 20
(3), and (
  1. ii)a decision has not yet been made to allocate a dwelling, and (
  2. c)a household in receipt of housing support, whether before or after the coming into operation of this section.
(2)In the performance of its functions under the Housing Acts 1966 to 2009, a housing authority may request— (
  1. a)a household to which this section applies, to give to the housing authority all or any of the following information: (
  2. i)the number of household members, together with the age, sex, occupation and condition of health of each member; (
  3. ii)the weekly income of each household member, including any assistance, benefit or allowance received by or on behalf of any household member under the Social Welfare Acts, the Health Acts 1947 to 2008 or the legislation of any other state or from any other source; (iii) the means of transport available to the household and the cost of such transport, and (
  4. b)in the case of a household referred to in subsection
(1)(
  1. a)or (b), to give to it all or any of the following information: (
  2. i)the terms upon which premises are currently occupied by the household, the amount of rent payable in respect of such premises and the name and address of the person to whom rent is payable; (
  3. ii)any dwelling or site provided by a housing authority, or an approved body, previously let or sold to the household or any household member at any time before the application is made; (iii) any dwelling previously let to the household or any household member under a Chapter 4 tenancy agreement at any time before the application is made.
(3)A request for information shall be in writing and shall specify a period of not less than 14 days from the date of the request within which the information shall be given to the housing authority.
(4)Information shall be given in writing unless the housing authority agrees to the information being given in another form and subject to any conditions it may specify.
(5)Without prejudice to subsection
(2), for the purposes of carrying out social housing assessments under section 20 , the Minister may make regulations providing for— (
  1. a)the form in which an application for social housing support shall be made, including by electronic means, (
  2. b)the information and particulars to be provided by a household applying for social housing support and verification of such information and particulars, (
  3. c)the furnishing of such additional information as a housing authority considers appropriate for the purposes of carrying out an assessment, (
  4. d)the period within which the information and particulars, including any additional information, shall be provided by the household concerned, and (
  5. e)such other matters as the Minister considers necessary and appropriate.
(6)(a) Without prejudice to subsection
(2), the Minister may make regulations for the purposes of— (
  1. i)the purchase of a dwelling under an incremental purchase arrangement under Part 3 , (
  2. ii)the purchase of an apartment under Part 4 , or (iii) the purchase of a dwelling under an affordable dwelling purchase arrangement under Part 5 . (
  3. b)Regulations made under this subsection may provide for the following: (
  4. i)the form and manner in which an application to purchase may be made, including by electronic means; (
  5. ii)the information and particulars to be provided by a household applying to purchase and verification of such information and particulars; (iii) the furnishing of such additional information as the housing authority considers appropriate for the purposes of considering the application; (
  6. iv)the period within which the information and particulars, including any additional information, shall be provided by the household making the application, and (
  7. v)such other matters as the Minister considers necessary and appropriate.
(7)(a) A person is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,000 where he or she is a member of a household requested to give information to a housing authority under this section or any regulations made under subsection
(5)or
(6), as the case may be, and he or she— (
  1. i)knowingly makes any statement or representation (whether written or verbal) which is to his or her knowledge false or misleading in any material respect, or knowingly conceals any material fact, or (
  2. ii)produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular. (
  3. b)An offence under paragraph (
  4. a)may be prosecuted by the housing authority who requested the information referred to in that paragraph.
(8)Where a person is convicted of an offence under subsection
(7)(a) and by reason of that offence the housing authority incurred a higher level of expenditure in providing housing support for a household than it would have incurred otherwise, any such expenditure shall be repayable to the housing authority and the person or the personal representative of that person shall be liable to pay to the housing authority, on demand, the expenditure so repayable and that expenditure, if not so repaid, may be recovered by the housing authority as a simple contract debt in any court of competent jurisdiction.
(9)Where a person is convicted of an offence under subsection
(7)(a) and by reason of that offence the housing authority charged a lower rent in respect of the provision of housing support than it would otherwise have charged, the amount by which the rent was undercharged shall be repayable to the housing authority and the person or the personal representative of that person shall be liable to pay to the housing authority, on demand, the amount so repayable and that amount, if not so repaid, may be recovered by the housing authority as a simple contract debt in any court of competent jurisdiction. Moneys owing to housing authority. 33.—
(1)This section applies to the following provisions: (a) sections 28 , 31 , 32
(8)and
(9), 47
(4), 48
(5)and
(6), 75
(4), 76
(5), 98 and 99 ; (
  1. b)section 13 of the Act of 1988; (
  2. c)sections 3 and 11 of the Act of 1992; (
  3. d)section 25 of the Housing (Traveller Accommodation) Act 1998 ; and (
  4. e)sections 9 and 10 of the Act of 2002.
(2)Interest is payable in accordance with this section on so much of any rent, charges, fees or loan repayments or any other moneys due and owing to a housing authority under any of the provisions to which this section applies which remain unpaid in respect of the period between the date on which the moneys become payable and the date on which payment is made.
(3)The rate of interest payable under subsection
(2)shall be that for the time being prescribed for the purposes of this section but in any case shall not be more than the rate for the time being applicable to a High Court civil judgement debt.
(4)Where there are moneys due and owing by a household to a housing authority under any of the provisions to which this section applies and, at the same time, another sum is due by the local authority concerned to that household, the former sum may be set off against the latter, in whole or in part, as appropriate. Arrangements with households for payment of moneys due and owing to housing authority. 34.—
(1)This section applies to the following provisions: (a) sections 28 , 31 and 32
(8)and
(9); (
  1. b)section 13 of the Act of 1988; (
  2. c)sections 3 and 11 of the Act of 1992, and (
  3. d)section 25 of the Housing (Traveller Accommodation) Act 1998 .
(2)Where there are moneys due and owing by a household to a housing authority under any of the provisions to which this section applies and the housing authority is satisfied that the household would otherwise suffer undue hardship, the housing authority may enter into arrangements with the household for the payment of those moneys (together with any interest that may have accrued under section 33
(2)) by such instalments and at such times as the housing authority considers reasonable in all the circumstances in addition to any rent, charges, fees or loan repayments that the household is paying to the authority. Anti-social behaviour strategy. 35.—
(1)A housing authority shall, within one year of the coming into operation of this section, draw up and adopt a strategy (in this section referred to as an “ anti-social behaviour strategy ”) in respect of that part or those parts of its administrative area in which are situated— (
  1. a)dwellings let by the housing authority to tenants under the Housing Acts 1966 to 2009, (
  2. b)dwellings which are the subject of Chapter 4 tenancy agreements, (
  3. c)dwellings in which relevant purchasers (within the meaning of section 1 of the Act of 1997) reside, and (
  4. d)sites (within the meaning of section 1 of the Act of 1997).
(2)An anti-social behaviour strategy shall have as its principal objectives— (
  1. a)the prevention and reduction of anti-social behaviour, (
  2. b)the co-ordination of services within the housing authority directed at dealing with, or preventing or reducing, anti-social behaviour, (
  3. c)the promotion of co-operation with other persons, including the Garda Síochána, in the performance of their respective functions insofar as they relate to dealing with, or the prevention or reduction of, anti-social behaviour, having regard to the need to avoid duplication of activities by the housing authority and such other persons in the performance of those functions, and (
  4. d)the promotion of good estate management.
(3)An anti-social behaviour strategy shall set out the proposals of the housing authority for achieving the principal objectives referred to in subsection
(2), including, but not necessarily limited to, the following: (
  1. a)procedures in relation to the making of complaints to the housing authority in respect of anti-social behaviour; (
  2. b)initiatives for the prevention and reduction of anti-social behaviour; (
  3. c)the provision of education relating to, and the carrying out of research into, anti-social behaviour and its prevention and reduction.
(4)A housing authority— (
  1. a)shall, not less than 6 months before the expiration of its housing services plan, and (
  2. b)may, from time to time as it thinks fit, review its anti-social behaviour strategy and amend the strategy or draw up and adopt a new strategy, as it considers appropriate.
(5)When drawing up a strategy, or before amending a strategy, a housing authority shall consult with— (
  1. a)any joint policing committee established under section 36 of the Garda Síochána Act 2005 in respect of its administrative area, (
  2. b)the Garda Síochána, (
  3. c)the Health Service Executive, and (
  4. d)any other person as the authority considers appropriate.
(6)The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy shall be a reserved function.
(7)The drawing up and adoption of, and amendment of, an anti-social behaviour strategy is not to be taken to confer on any person a right in law that the person would not otherwise have to require a housing authority in a particular case to exercise any function conferred on it under the Act of 1997 or this Act or to seek damages for a housing authority’s failure to perform any such function. Chapter 6 Homelessness Action Plans Interpretation (Chapter 6). 36.— In this Chapter— “ management group ” has the meaning given to it by section 39 ; “ responsible housing authority ” has the meaning given to it by section 38 ; “ specified body ” means— (
  1. a)an Foras Áiseanna Saothair, (
  2. b)the Irish Prison Service, where there is a prison located in— (
  3. i)the administrative area of the housing authority, or (
  4. ii)in the case of a joint homelessness consultative forum, the administrative area of any housing authority concerned, (
  5. c)the Probation Service, (
  6. d)a vocational education committee within the meaning of section 7 of the Vocational Education Act 1930 whose functional area corresponds to— (
  7. i)the administrative area of the housing authority, or (
  8. ii)in the case of a joint homelessness consultative forum, the administrative area of any housing authority concerned, and (
  9. e)such other body as may be prescribed for the purposes of this Chapter. Homelessness action plan. 37.—
(1)A housing authority shall, in respect of its administrative area, not later than 8 months after the coming into operation of this Chapter, adopt a plan (in this Act referred to as a “ homelessness action plan ”) to address homelessness.
(2)A homelessness action plan shall specify the measures proposed to be undertaken to address homelessness in the administrative area or administrative areas concerned by the housing authority or housing authorities, as the case may be, the Health Service Executive, specified bodies, or approved bodies or other bodies providing services to address homelessness or the performance of whose functions may affect or relate to the provision of such services, including but not necessarily limited to measures to achieve the following objectives— (
  1. a)the prevention of homelessness, (
  2. b)the reduction of homelessness in its extent or duration, (
  3. c)the provision of services, including accommodation, to address the needs of homeless households, (
  4. d)the provision of assistance under section 10 (
  5. b)(i), as necessary, to persons who were formerly homeless, and (
  6. e)the promotion of effective co-ordination of activities proposed to be undertaken by the bodies referred to in this subsection for the purposes of addressing homelessness in the administrative area or areas concerned.
(3)A homelessness action plan shall be in writing and shall take account of— (
  1. a)any available information regarding the extent of the need for services to address homelessness, including, in the case of housing supports, any summary of social housing assessments prepared under section 21 in respect of homeless households, (
  2. b)the costs of the proposed measures referred to in subsection
(2)and the financial resources that are available or are likely to be available for the period of the homelessness action plan to the housing authority or housing authorities concerned, the Health Service Executive or any specified body, as the case may be, for the purposes of undertaking those measures and the need to ensure the most beneficial, effective and efficient use of such resources, (
  1. c)such policies and objectives for the time being of the Government or the Minister in so far as they may affect or relate to the provision of services to homeless persons, and (
  2. d)such other matters as the Minister may specify in a direction given to the housing authority under subsection
(4), including (except in the case of the first homelessness action plan) a review of progress made in the implementation of the homelessness action plan during the period of the previous plan.
(4)(
  1. a)The Minister may, from time to time, give directions in writing to a housing authority for the purpose of either or both of the following— (
  2. i)providing guidance as to the form and content of a homelessness action plan, and (
  3. ii)specifying the period for which such a plan is to remain in force, which period shall not in any case be less than 3 years. (
  4. b)The housing authority shall comply with any directions given under paragraph (a). Homelessness consultative forum. 38.—
(1)Subject to subsections
(3)and
(4), as soon as practicable after the coming into operation of this Chapter and having regard to section 37
(1), a housing authority shall establish a body to be known as the homelessness consultative forum and shall appoint its members.
(2)The functions of a homelessness consultative forum are to provide information, views, advice or reports, as appropriate, to the management group in relation to— (
  1. a)homelessness and the operation and implementation of the homelessness action plan in the administrative area concerned, (
  2. b)the provisions of the draft homelessness action plan, and (
  3. c)any proposed modification of the draft homelessness action plan pursuant to section 40
(6).
(3)Where either or both of the conditions specified in subsection
(4)(a) are met or where the Minister so directs pursuant to subsection
(4)(b), a housing authority shall enter into an arrangement with any other housing authority whose administrative area adjoins the administrative area of the housing authority concerned or with any other housing authority, as appropriate, to establish a joint homelessness consultative forum which shall perform the functions specified in subsection
(2)in relation to the administrative areas of the housing authorities which are parties to the arrangement.
(4)(a) The conditions referred to in subsection
(3)are that the housing authority considers that— (
  1. i)a joint homelessness consultative forum would further the objectives of a homelessness action plan because of the extent or nature of homelessness in its administrative area, or (
  2. ii)a joint homelessness consultative forum and the sharing of administrative services relating thereto would ensure the most beneficial, effective and efficient use of resources. (
  3. b)The Minister may, where he or she considers it appropriate, direct housing authorities to enter into an arrangement pursuant to subsection
(3)and the housing authorities shall comply with any such direction.
(5)In the case of an arrangement pursuant to subsection
(3)for the establishment of a joint homelessness consultative forum, the housing authorities concerned shall, by agreement in writing, appoint one housing authority (in this Chapter referred to as the “ responsible housing authority ”) for the purposes of the performance, on behalf of the housing authorities concerned, of their functions under this Chapter.
(6)A housing authority or, in the case of a joint homelessness consultative forum, the responsible housing authority, in accordance with such directions as the Minister may give under section 41 , shall appoint a chairperson of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, from the membership thereof.
(7)The chairperson appointed under subsection
(6)shall also be the chairperson of the management group.
(8)The membership of the homelessness consultative forum shall comprise the following persons: (
  1. a)one or more than one employee of the housing authority or, in the case of a joint homelessness consultative forum, one or more than one employee of each of the housing authorities concerned nominated by the housing authority or housing authorities concerned, as the case may be; (
  2. b)one or more than one employee of the Health Service Executive nominated by the Health Service Executive; (
  3. c)subject to such directions as the Minister may give under section 41
(1)(a), persons nominated by specified bodies, and (d) subject to subsection
(9), persons nominated by— (
  1. i)approved bodies, and (
  2. ii)any other bodies, providing services to homeless persons in the administrative area or, in the case of a joint homelessness consultative forum, administrative areas concerned or the performance of whose functions may affect or relate to the provision of such services, as the housing authority or responsible authority, as the case may be, consider appropriate in accordance with such directions as the Minister may give under section 41 .
(9)The number of persons referred to in subsection
(8)(d) shall not exceed one half of the membership of the homelessness consultative forum or joint homelessness consultative forum, as the case may be.
(10)A homelessness consultative forum or joint homelessness consultative forum, as the case may be, shall regulate, by standing orders or otherwise, the meetings and proceedings of the forum.
(11)The housing authority or, in the case of a joint homelessness consultative forum, the housing authorities concerned, may provide such services and support relating to the operation of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, as is considered necessary by the housing authority or housing authorities, in accordance with such directions as the Minister may give under section 41 .
(12)The proceedings of a homelessness consultative forum or joint homelessness consultative forum, as the case may be, shall not be invalidated by any vacancies among the membership. Management group. 39.—
(1)The housing authority or responsible housing authority, as the case may be, shall appoint a group (in this Chapter referred to as a “ management group ”) consisting of certain members of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, being such person or persons referred to in section 38
(8)(a), (
  1. b)and (
  2. c)as the housing authority or responsible authority, as the case may be, considers appropriate in accordance with such directions as the Minister may give under section 41 .
(2)The management group may regulate, by standing orders or otherwise, its meetings and proceedings.
(3)The housing authority or responsible housing authority, as the case may be, may provide such services and support relating to the operation of the management group, as such housing authority considers appropriate, in accordance with such directions as the Minister may give under section 41 .
(4)The management group— (
  1. a)shall perform the functions conferred on it by this Chapter in relation to the preparation and modification of the draft homelessness action plan and the review of the homelessness action plan, and (
  2. b)may make recommendations to the housing authority or, in the case of a joint homelessness consultative forum, the housing authorities concerned, to the Health Service Executive or to any specified body, in relation to all or any of the following: (
  3. i)services required to address homelessness in the administrative area or administrative areas concerned; (
  4. ii)funding for such services taking into account the financial resources that are available or are likely to be available; (iii) the operation of the homelessness action plan having regard to any information, views, advice or reports provided by the homelessness consultative forum or joint homelessness consultative forum, as the case may be.
(5)The proceedings of a management group shall not be invalidated by any vacancies among the membership. Preparation of draft plan and making of plan. 40.—
(1)The manager of a housing authority or of a responsible housing authority, as the case may be, not later than 6 weeks after the coming into operation of this Chapter, shall send a request, in writing, to the chairperson of the management group to arrange for the preparation of a draft homelessness action plan in respect of the administrative area concerned or, in the case of a joint homelessness consultative forum, the administrative areas concerned.
(2)For the purposes of preparing a draft homelessness action plan under this section and before submission of the draft homelessness action plan pursuant to subsection
(3), the management group— (
  1. a)shall consult— (
  2. i)the other members of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, and (
  3. ii)any town council whose administrative area is contained in the administrative area of the housing authority, or, in the case of a joint homelessness consultative forum, in the administrative areas of the housing authorities, to which the plan relates, and (
  4. b)may consult any housing authority whose administrative area adjoins the administrative area of the housing authority concerned or, in the case of a joint homelessness consultative forum, the administrative areas of the housing authorities concerned.
(3)Not later than 10 weeks from the date on which the request referred to in subsection
(1)is sent, the management group shall approve and submit the draft homelessness action plan to the housing authority or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned for adoption.
(4)Subject to subsections
(5)to
(8), the housing authority, or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned, shall adopt the homelessness action plan within 6 weeks of receipt of the draft homelessness action plan, with or without modification.
(5)Where any part of a draft homelessness action plan relates to the functions of the Health Service Executive or of a specified body, the housing authority, or responsible housing authority, as the case may be, shall send a request in writing to the chairperson of the management group to seek its approval to any proposed modification pursuant to subsection
(4)in respect of such part of the draft plan.
(6)The management group, not later than 3 weeks from the date on which the request referred to in subsection
(5)is sent, following consultation with the other members of the homelessness consultative forum, or joint homelessness consultative forum, as the case may be, shall— (a) accept or reject the proposed modification referred to in subsection
(5), and (b) notify, in writing, the housing authority or responsible housing authority, as the case may be, of the decision and the reasons for that decision.
(7)The housing authority or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned, shall adopt the homelessness action plan not later than 6 weeks from the date on which the notification under subsection
(6)is sent, with the modification, in a case where it is accepted by the management group, or without the modification, in a case where it is rejected.
(8)Where the housing authority or, in the case of a joint homelessness consultative forum, any of the housing authorities concerned, fail to adopt the homelessness action plan in accordance with this section, the manager of each housing authority, as appropriate, shall, by order, as soon as practicable and in any event not later than the end of the period referred to in section 37
(1), adopt the draft homelessness action plan in accordance with subsection
(4)or
(7), as appropriate.
(9)The housing authority or responsible housing authority, as the case may be, shall— (
  1. a)give a copy of the homelessness action plan to the Minister and each member of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, as soon as practicable after it is adopted, (
  2. b)make the homelessness action plan available for inspection on request by any person, without charge, at its offices and such other places as it considers appropriate, during normal office hours, (
  3. c)on request by any person, provide a copy of the homelessness action plan at a price not exceeding the reasonable cost of reproduction, and (
  4. d)publish and maintain a copy of the homelessness action plan on the Internet for the period of the plan.
(10)A housing authority or responsible housing authority, as the case may be, may, at any time, and shall, in any case, not less than 8 months before the end of the period of the homelessness action plan decide to arrange for— (
  1. a)the review and, where appropriate, amendment of the homelessness action plan, or (
  2. b)the preparation and adoption of a new homelessness action plan.
(11)Where a housing authority or responsible housing authority, as the case may be, makes a decision for the purposes of subsection
(10), the manager of the housing authority or responsible housing authority, as the case may be, shall send a request in writing to the chairperson of the management group to arrange for the review of the homelessness action plan or the preparation of a new homelessness action plan and subsections
(2)to
(9)shall apply accordingly with any necessary modifications.
(12)Subject to subsection
(8), the adoption or amendment of a homelessness action plan is a reserved function.
(13)(a) Notwithstanding section 37
(1), where, before the coming into operation of this Chapter, a housing authority has adopted a plan which meets the conditions specified in paragraph (b), then such a plan is deemed to be a homelessness action plan duly adopted by the housing authority for the purposes of this Chapter. (
  1. b)The conditions referred to in paragraph (
  2. a)are that the plan— (
  3. i)specifies the measures proposed to be undertaken to achieve the objectives of a homelessness action plan specified in section 37
(2), and (ii) does not expire before the end of one year after the date of coming into operation of this Chapter. Ministerial directions. 41.—
(1)The Minister may give directions to a housing authority or responsible housing authority, as the case may be, in relation to all or any of the following: (
  1. a)the number of members and composition, including an appropriate gender balance, of a homelessness consultative forum or joint homelessness consultative forum, as the case may be; (
  2. b)the number of members and composition of a management group; (
  3. c)the period of appointment of the members of a homelessness consultative forum or joint homelessness consultative forum, as the case may be, and the management group; (
  4. d)the terms and conditions of appointment (including terms and conditions relating to removal, resignation, the filling of casual vacancies and re-appointment) of the members of a homelessness consultative forum or joint homelessness consultative forum, as the case may be, and the management group; (
  5. e)the appointment of the chairperson of a homelessness consultative forum or of the joint homelessness consultative forum, as the case may be; (
  6. f)services and support relating to the operation of the homelessness consultative forum, joint homelessness consultative forum or management group, as the case may be.
(2)A housing authority or responsible housing authority, as the case may be, shall, in the performance of its functions under this Chapter, comply with any directions given by the Minister under subsection
(1). Power of Minister to prescribe body as specified body. 42.— The Minister may prescribe any body which provides services to address homelessness or the performance of whose functions may affect or relate to the provision of such services to be a specified body and any body so prescribed shall be a specified body for the purposes of this Chapter. PART 3 INCREMENTAL PURCHASE ARRANGEMENTS Interpretation (Part 3). 43.—
(1)In this Part— “ charging order ” has the meaning given to it by section 46 ; “ charged period ” has the meaning given to it by section 46 ; “charged share” has the meaning given to it by section 46 ; “ eligible household ” means— (
  1. a)a household assessed by a housing authority under section 20 as being qualified for social housing support, which has been allocated a dwelling to which this Part applies in accordance with an allocation scheme and which has resided in the dwelling concerned for not more than 5 years from the date of the allocation, or (
  2. b)subject to subsection
(2), a household referred to in section 22
(5)(c) which has been allocated a dwelling to which this Part applies in accordance with an allocation scheme; “ incremental purchase arrangement ” has the meaning given to it by section 45 ; “ incremental release ” has the meaning given to it by section 46 ; “ market value ”, in relation to a dwelling to which this Part applies, means the price for which the unencumbered fee simple of the dwelling might reasonably be expected to be sold on the open market and, in a case where the site for the dwelling was provided to the housing authority by the eligible household for a nominal sum, excludes an amount equal to the excess (if any) of the market value of the site over such sum; “ net market value ” means the market value reduced by an allowance equal to the amount of the market value attributable to material improvements; “ purchase money ”, in relation to a dwelling to which this Part applies, means the monetary value of the proportion of the purchase price of the dwelling fixed by the housing authority, in accordance with regulations made under section 49 for the purposes of calculating the purchase money, as the proportion that is required to be paid to purchase the dwelling; “ purchase price ”, in relation to a dwelling to which this Part applies, means the price of the dwelling determined by a housing authority in accordance with regulations made under section 49 for the purposes of calculating the purchase price; “ purchaser ” means a person who purchases a dwelling under an incremental purchase arrangement and includes a person in whom there subsequently becomes vested (other than for valuable consideration) the interest of the purchaser or his or her successor in title and the personal representative of that person or successor in title; “ transfer order ” has the meaning given to it by section 45 .
(2)A housing authority shall not proceed with the sale of a dwelling under an incremental purchase arrangement to a household referred to in paragraph (b) of the definition of “ eligible household ” in subsection
(1)where— (
  1. a)at any time during the 3 years immediately before applying to the authority to purchase a dwelling under this Part, the household was in arrears of rent for an accumulated period of 12 weeks or more in respect of any dwelling or site let to them by any housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , and (
  2. b)the housing authority has not entered into an arrangement under section 34 with the household for the payment of the moneys due and owing to the housing authority in respect of those arrears. Application of Part 3 to certain dwellings. 44.—
(1)Subject to subsection
(2), this Part applies to a dwelling— (
  1. a)provided by a housing authority under the Housing Acts 1966 to 2009 or by an approved body with the assistance of a housing authority under section 6 of the Act of 1992 or provided under Part V of the Planning and Development Act 2000 — (
  2. i)constructed after the coming into operation of this Part, or the construction of which began before the coming into operation of this Part and which is completed after such coming into operation and which is allocated to an eligible household in accordance with an allocation scheme within one year of its completion, or (
  3. ii)which has not previously been let in accordance with an allocation scheme and is vacant on the coming into operation of this Part, and (
  4. b)and which is of a class of dwelling prescribed for the purposes of this Part as being a class of dwelling to which an incremental purchase arrangement may apply.
(2)(a) This Part does not apply to a dwelling referred to in subsection
(1)which is— (
  1. i)an apartment in a designated apartment complex, or (
  2. ii)a dwelling which is a separate and self-contained apartment in a premises, divided into 2 or more apartments, which requires arrangements for the upkeep and management of all or any part of the common areas, structures, works or services other than by the purchaser. (
  3. b)For the purposes of paragraph (
  4. a)(i), “ apartment ” and “ designated apartment complex ” have the same meaning as they have in section 50 . Sale of dwelling by incremental purchase arrangement. 45.—
(1)Subject to and in accordance with this Part and the Housing Acts 1966 to 2009 and subject to such regulations as may be made under section 49 , a housing authority or an approved body may enter into an arrangement (in this Part referred to as an “ incremental pur chase arrangement ”) with an eligible household whereby, in consideration of the receipt by the housing authority of the purchase money, the housing authority may sell a dwelling to which this Part applies, in the state of repair and condition existing on the date of sale, to the eligible household, by means of an order (in this Part referred to as a “ transfer order ”), in the prescribed form, which shall be expressed and shall operate to vest, on the date specified in the order, the interest specified in the order, in accordance with the terms and conditions specified in subsection
(2)and the terms and conditions of a charging order.
(2)The terms and conditions referred to in subsection
(1)shall include the following: (a) that where the purchaser sells the dwelling to a person other than a housing authority or approved body during the charged period, the purchaser shall pay to the authority or approved body, as appropriate, an amount calculated in accordance with section 48
(5)or
(6); (
  1. b)that the dwelling shall, during the charged period, unless the housing authority or approved body, as appropriate, gives its prior written consent, be occupied as the normal place of residence of the purchaser or of a member of the purchaser’s household; (
  2. c)that the dwelling or any part thereof shall not, during the charged period, without the prior written consent of the housing authority or approved body, as the case may be, be sold, assigned, let or sublet or otherwise disposed of or mortgaged, charged or alienated, otherwise than by devise or operation of law; (
  3. d)the purchaser shall not, during the charged period, without the prior written consent of the housing authority or approved body, as the case may be, make material improvements to the dwelling; (
  4. e)terms and conditions relating to— (
  5. i)maintenance of the dwelling by the purchaser, and (
  6. ii)the provision and maintenance of adequate property insurance by the purchaser in respect of the dwelling; (
  7. f)such other terms and conditions relating to the sale of the dwelling as may be prescribed for the purposes of a transfer order.
(3)Save as provided for by any other enactment or regulations made thereunder, the sale of a dwelling to which this Part applies under an incremental purchase arrangement shall not imply any warranty on the part of the housing authority or approved body concerned in relation to the state of repair or condition of the dwelling or its fitness for human habitation.
(4)An approved body may, with the consent of the housing authority and subject to such regulations as may be made under section 49 , reserve a number of dwellings for sale under this Part, being dwellings provided with the assistance of a housing authority under section 6 of the Act of 1992.
(5)Section 211
(2)of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under this section. Charging order. 46.—
(1)As soon as practicable after a dwelling to which this Part applies is sold under an incremental purchase arrangement, the housing authority or approved body, as appropriate, shall, subject to such regulations as may be made under section 49 , shall make an order (in this Part referred to as a “charging order”), in the prescribed form, charging the dwelling in the terms specified in this section for the period specified in the order (in this Part referred to as the “charged period” ).
(2)The charging order shall create a charge in favour of the housing authority or approved body concerned in respect of an undivided percentage share (in this Part referred to as the “charged share”), calculated in accordance with subsection
(3), in the dwelling which charged share shall be reduced in accordance with subsection
(4).
(3)The charged share is calculated in accordance with the following formula: Y x 100 Z where— (
  1. a)Y is the difference between the purchase price of the dwelling at the time of sale to the purchaser and the purchase money, and (
  2. b)Z is the purchase price of the dwelling at the time of sale to the purchaser.
(4)(
  1. a)Subject to paragraph (
  2. b)and section 47 , the charged share shall be reduced, in equal proportions (referred to in this section as “incremental releases”) applied annually, on the anniversary of the date of the transfer order, in respect of each complete year after that date during which a purchaser or a member of his or her household has been in occupation of the dwelling as his or her normal place of residence, until the earlier of— (
  3. i)subject to section 48 , the first resale of the dwelling, or (
  4. ii)subject to section 47 , the expiration of the charged period. (
  5. b)The reduction of the charged share for the period of 5 years from the date of the transfer order shall be cumulative and shall not apply until the expiration of that period, provided the purchaser or a member of his or her household has been in occupation of the dwelling as his or her normal place of residence for that period.
(5)The housing authority or approved body, as the case may be, shall, at any time where requested by the purchaser, give a statement in writing, in the prescribed form, to the purchaser indicating the accumulated amount of incremental releases that have been applied under the charging order.
(6)A charging order shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 and to have been executed, at the time of the sale of the dwelling, in favour of the housing authority or approved body, as appropriate, for a charge in the terms provided for in this section.
(7)Accordingly, the housing authority or approved body shall, as on and from the making of the charging order— (
  1. a)be deemed to be a mortgagee of the dwelling for the purposes of the Conveyancing Acts 1881 to 1911, and (
  2. b)have, in relation to the charge referred to in subsection
(6), all the powers conferred by those Acts on mortgagees under mortgages made by deed.
(8)Where a housing authority or an approved body makes a charging order, it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the charge in respect of which the order is being registered to state that charge to be the charge referred to in section 46
(2)of the Housing (Miscellaneous Provisions) Act 2009.
(9)A charging order affecting a dwelling which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in the order as the owner of the land is or is not registered under the said Act as the owner of the land.
(10)A housing authority or an approved body may, subject to subsection
(11), enter into an agreement with a holder of a licence under the Central Bank Act 1971 , a building society or other financial institution that a charge proposed to be created by it by a charging order shall have a priority, as against a mortgage or charge proposed to be created in favour of that holder, society or institution, that is different from the priority the charge would otherwise have if

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