First Previous (PART VII Exercise and Default in Exercise of Functions under this Act) Next (FIRST SCHEDULE Repeals)

21 1966

HOUSING ACT, 1966

PART VIII

Miscellaneous

Provision of technical assistance.

112. —A housing authority may provide technical assistance to persons purchasing or otherwise providing sites or reconstructing, enlarging, improving, purchasing or otherwise providing dwellings.

Power to provide prizes or other incentives for the maintenance of houses, etc.

113. —For the purpose of encouraging the proper maintenance of houses, gardens, open spaces or amenities, a housing authority may, if they so think fit, provide such prizes in competitions or such other incentives as the authority may determine for the maintenance of the houses, gardens, open spaces, or amenities in their functional area or in a particular part of their functional area.

Conditions to be complied with on letting of house for habitation.

114. —(1) Subject to subsection (2) of this section, in any contract entered into after the commencement of this section for letting for habitation a house at a rent not exceeding one hundred and thirty pounds per annum there shall, notwithstanding any stipulation to the contrary, be implied a condition that the house is at the commencement of the tenancy and an undertaking that the house will be kept by the landlord during the tenancy, in all respects reasonably fit for human habitation but nothing in this section shall affect the liability of the tenant or occupier of any such house for any wilful act or default of such tenant or occupier whereby the house is rendered other than reasonably fit for human habitation.

(2) The condition and undertaking mentioned in subsection (1) of this section shall not be implied in any case in which—

(a) a house is let for a term of not less than three years upon the terms that it be put by the lessee into a condition reasonably fit for habitation, and

(b) the tenancy agreement is not determinable at the option of either the landlord or the tenant before the expiration of three years.

(3) The Minister may by regulations vary the amount of the rent specified in subsection (1) of this section.

(4) Where regulations are proposed to be made under subsection (3) of this section, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House.

(5) In this section, “landlord” means any person who lets for habitation to a tenant any house under a contract to which this section applies, and includes his successor in title.

Prohibition on persons interested voting as members of housing authority or certain committees.

115. —(1) A person shall not vote as a member of a housing authority or any committee mentioned in section 110 of this Act upon any resolution or question which is proposed or arises in pursuance of this Act, if it relates to any house or other land in which he is beneficially interested and if, at the time of the vote on any such resolution or question, it is known to the person recording the vote that a member of the authority or committee is beneficially interested in any house or land to which the resolution or question relates, any vote of such member on the resolution or question shall be disregarded in determining the decision of the authority or committee on the resolution or question.

(2) A person to whom a dwelling provided under this Act is for the time being let by a housing authority, shall, for the purposes of this section, be deemed to be beneficially interested also in any other dwelling so provided and of which an authority are the owner.

(3) Any person who votes in contravention of this section shall—

(a) in case the person is a member of a housing authority or a member of a committee mentioned in section 110 of this Act—thereupon cease to be a member of the authority or the committee, as may be appropriate, and

(b) in case the person is a member of both a housing authority and such a committee—thereupon cease to be a member of both the authority and the committee,

and shall in either case be disqualified for being elected or chosen or being a member of the authority during the period which, but for the cessation of his membership under this section, would be the remainder of his term.

(4) Any person who votes in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

(5) In case any person votes in contravention of this section or acts as a member of a housing authority or committee while disqualified for membership under this section, the fact of his giving the vote or so acting, as the case may be, shall not invalidate any resolution or proceeding of the authority or committee.

Prosecutions and offences.

116. —(1) An offence under this Act may be prosecuted by the housing authority in whose functional area the offence is committed and in case the offence relates to a function being performed by or on behalf of the Minister under section 111 of this Act, or by a housing authority outside their functional area, the offence may be prosecuted by:

(a) in case the function is being performed by or on behalf of the Minister—the Minister,

(b) in case the function is being performed by a housing authority—that authority, or

(c) in case the function is being performed by a person—that person.

(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other officer of such body corporate, such director, manager, secretary or other officer or any person purporting to act in such capacity shall also be deemed to have committed the said offence and he as well as the body corporate shall be deemed to be guilty of the offence.

Power of authorised person to enter on land.

117. —(1) An authorised person may, subject to the provisions of this section, enter on any land at all reasonable times for any purpose connected with this Act.

(2) Without prejudice to the generality of subsection (1) of this section, an authorised person may enter on land in accordance with the said subsection (1) for the purpose of—

(a) survey or valuation, in the case of any house, building or other land which the housing authority by whom the authorised person was appointed may be authorised to acquire for the purposes of this Act,

(b) survey and examination where it appears to the housing authority by whom the authorised person was appointed that survey or examination is necessary in order to determine whether any function under this Act ought to be performed in respect of any house, building or other land.

(3) An authorised person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made.

(4) Before an authorised person enters under this section on any land, the housing authority shall either obtain the consent, in the case of occupied land, of the occupier, or, in the case of unoccupied land, the owner or shall give to the owner or occupier, as the case may be, not less than fourteen days' notice in writing of the intention to make the entry.

(5) A person to whom a notice of intention to enter on land has been given under this section by the housing authority may, not later than fourteen days after the giving of such notice, apply, on notice to such authority, to the justice of the District Court having jurisdiction in the district court district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.

(6) Where a justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.

(7) Every person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds; and, if in the case of a continuing offence the obstruction is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which the obstruction is so continued.

(8) In this section, “authorised person” means a person who is appointed by the housing authority to be an authorised person for the purposes of this section.

Certain dwellings to be deemed to be provided under this Act.

118. —(1) Dwellings of which a housing authority are the owner which—

(a) immediately before the commencement of this section were deemed, by virtue of section 16 of the Housing (Amendment) Act, 1954 , to have been provided under the Housing of the Working Classes Acts, 1890 to 1958,

(b) immediately before the commencement of this section were deemed, by virtue of section 20 of the said Act, to have been provided under the Labourers Acts, 1883 to 1962, or

(c) are used by the authority for the purposes of this Act and which, apart from this section, would be dwellings not provided by the authority under this Act,

shall be deemed to be dwellings provided under this Act.

(2) A housing authority may, as respects a dwelling mentioned in subsection (1) of this section or a dwelling provided under this Act, certify that the dwelling is a dwelling so provided or a dwelling deemed to have been so provided, as may be appropriate, and in any proceedings a certificate issued by the authority under this subsection shall be prima facie evidence of the contents thereof and it shall not be necessary to prove any signature on the certificate.

Small dwellings.

119. —Notwithstanding section 6 of this Act, where the ownership of a house has been acquired by means of an advance under the Small Dwellings Acquisition Acts and the advance with interest was not fully paid to the housing authority before the repeal of the said Acts, then—

(a) the provisions of the said Acts which by reason of the making of the advance had effect in any particular case immediately before such repeal shall as respects the case continue to have effect,

(b) the provisions of the said Acts in relation to the application of capital money and the keeping of separate accounts shall continue in force,

until the advance with interest has been fully repaid or the authority have by virtue of this section taken possession of or ordered and conducted a sale of the house and any requirement of the said provisions as to the payment of a sum to the proprietor or the disposal of the proceeds has been satisfied.

Amendment of Housing of Working Classes Act, 1890.

120. —In the Housing of the Working Classes Act, 1890, any reference to a local authority shall be construed as a reference to a local authority within the meaning of this Act.

Savings.

121. —(1) Notwithstanding section 6 of this Act, where a charging or other order, regulation, loan, advance (other than an advance mentioned in section 119 of this Act), letting or demand is made, or charge created, or condition imposed (including a condition imposed by or under statute other than the Small Dwellings Acquisition Acts), or lease, undertaking, notice or certificate is given or other thing is made, given or done under any enactment repealed by this Act, such hereinbefore mentioned matter or thing, if in force, recoverable or enforceable immediately before such repeal, shall—

(a) in so far as it could have been made, created, imposed, given or done under this Act, have effect as if it were, and be regarded as having been made, created, imposed, given or done under the corresponding provision of this Act, and

(b) in so far as it could not have been so made, created, imposed, given or done, continue to be in force, recoverable or enforceable, and the like proceedings may be taken thereon and the like consequences shall ensue as might have been taken or would have ensued if this Act had not been enacted.

(2) Without prejudice to the generality of subsection (1) of this section:

(a) where, before the repeal by this Act of the Labourers Acts, 1883 to 1962 (other than the Labourers Act, 1936 ), land is acquired by a housing authority for the purposes of those Acts, the following shall apply:

(i) the provisions of section 22 of the Labourers (Ireland) Act, 1906, shall continue to have effect in respect of the registration of the ownership of the land or any searches made or land certificate issued to the authority in respect of the land,

(ii) the provisions of section 23 of the said Act shall continue to have effect in respect of any agreement, deed, receipt or other instrument whereby the land is vested in the authority and issued under the said Acts;

(b) where, before the commencement of the said section 6, land is acquired by a housing authority under Part II of the Housing (Miscellaneous Provisions) Act, 1931 , the provisions of subsection (1) of section 18 of that Act shall continue to apply as respects any public right of way over the land;

(c) where a house is, immediately before the commencement of the said section 6, a house appropriated under section 3 of the Housing (Amendment) Act, 1942 , the provisions of the said section 3 shall continue to apply in relation to the house;

(d) the provisions of section 32 of the Act of 1952 and the amendment effected by section 19 of the Housing (Amendment) Act, 1954 , shall continue to have effect.

(3) Notwithstanding subsection (1) of this section—

(a) the provisions of Part II of the Housing (Management and Letting) Regulations, 1950, shall continue to apply in relation to the letting of a dwelling to which the regulations applied immediately before the commencement of section 6 of this Act as if this Act other than section 60 had not been enacted,

(b) where, before the commencement of the said section 6, a compulsory purchase order is made by—

(i) a housing authority under section 37 of the Housing (Miscellaneous Provisions) Act, 1931 , or section 20 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 , or

(ii) a local authority under section 10 of the Act of 1960,

the provisions of any enactment which immediately before such commencement applied as respects the order, or the house, building or other land to which the order relates, or any right, title, interest or easement in or over such house, building or other land shall continue so to apply.

(4) Any acquisition, sale or lease of land by a housing authority effected before the 22nd day of July, 1952, which would be valid if effected by virtue of section 8 or 11 of the Housing (Ireland) Act, 1919, as amended by section 31 of the Act of 1952, shall continue to be deemed always to have been validly effected under the Housing of the Working Classes Acts and shall henceforth be deemed to have been validly effected under this Act.

(5) In this Act, “under this Act” when used in relation to any land, housing accommodation or other property or in relation to any other matter or thing and any other expression, describing any matter or thing by reference to this Act or to any provision of this Act, shall, save where the context otherwise requires, be construed as including a reference to any Act repealed by this Act or to the corresponding provision of any Act so repealed.

(6) Any document referring to any enactment repealed by this Act shall, save where the context otherwise requires, be construed as referring to the corresponding provisions of this Act.

(7) Nothing in this section shall be held to prejudice or affect the general application of section 20 of the Interpretation Act, 1937 .