Housing (miscellaneous provisions) act 2014

• Enactment Date: 26 July 2014
• Act Number: 21

Number 21 of 2014
HOUSING (MISCELLANEOUS PROVISIONS) ACT 2014
CONTENTS
PART 1
Preliminary and General
Section
1. Short title, collective citation and construction
2. Commencement
3. Definitions (generally)
4. Regulations
5. Expenses of Minister
PART 2
Termination of Local Authority Tenancies, etc.
6. Interpretation (Part 2)
7. Tenancy warning relating to anti-social behaviour, etc.
8. Tenancy warning relating to rent arrears
9. Tenancy warning relating to other tenancy breach
10. Review of tenancy warning
11. Day that tenancy warning comes into effect
12. Proceedings for possession of local authority dwelling
13. Proceedings for possession against person in occupation of local authority dwelling
14. Abandoned local authority dwellings
15. Repossession of abandoned dwellings
16. Application to court in respect of tenancy terminated under section 15
17. Death of tenant and recovery of possession in certain cases
18. Part 2 and amendment of Principal Act
19. Part 2 and amendment of Act of 1997
20. Part 2 and amendment of Act of 2009
PART 3
Purchase of Houses by Tenants
21. Interpretation (Part 3)
22. Extent of application of Part 3 to certain houses
23. Disqualifications from purchase
24. Calculation of tenant’s income
25. Sale of house to tenant
26. Charging order
27. Suspension of incremental release
28. Payment during charged period in respect of charged share or incremental release
29. Control on resale of house
30. Regulations (Part 3)
31. Part 3 and amendment of Principal Act
32. Part 3 and amendment of Act of 1992
33. Part 3 and amendment of Act of 1997
34. Part 3 and amendment of Act of 2009
PART 4
Housing Assistance
35. Interpretation (Part 4)
36. Restriction on application of Residential Tenancies Act 2004
37. Housing assistance under Part 4 and social housing support under Act of 2009
38. Sharing of dwelling by more than one household
39. Housing assistance
40. Housing authority not liable for rent due to landlord
41. Requirements in relation to dwelling
42. Requirements in relation to landlord
43. Housing assistance payments
44. Payment of rent contribution by qualified household
45. Ineligibility for housing assistance, etc.
46. Change of dwelling
47. Housing assistance in respect of accommodation provided under scheme of capital assistance
48. Review of certain decisions
49. Part 4 and amendment of Act of 2009
50. Application of Part 4 to housing authorities
51. Expenses incurred by housing authority under Part 4
PART 5
Miscellaneous
52. Definition (Part 5)
53. Deduction of local authority rent, etc., by Minister for Social Protection
54. Amendments to Act of 2005
55. Data sharing and exchange
56. Amendment of section 31 (rent schemes and charges) of Act of 2009
57. Amendment of Local Government Reform Act 2014
58. Amendment of Housing Finance Agency Act 1981
Acts Referred to
Capital Acquisitions Tax Consolidation Act 2003 (No. 1)
Capital Gains Tax Acts
Central Bank Act 1971 (No. 24)
Children Act 2001 (No. 24)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Companies Act 1963 (No. 33)
Family Home Protection Act 1976 (No. 27)
Housing (Miscellaneous Provisions) Act 1992 (No. 18)
Housing (Miscellaneous Provisions) Act 1997 (No. 21)
Housing (Miscellaneous Provisions) Act 2002 (No. 9)
Housing (Miscellaneous Provisions) Act 2009 (No. 22)
Housing (Private Rented Dwellings) Acts 1982 and 1983
Housing Act 1966 (No. 21)
Housing Act 1988 (No. 28)
Housing Acts 1966 to 2014
Housing Finance Agency Act 1981 (No. 37)
Land And Conveyancing Law Reform Act 2009 (No. 27)
Landlord and Tenant (Ground Rents)(No. 2) Act 1978 (No. 16)
Landlord and Tenant Acts 1967 to 2008
Local Government Act 2001 (No. 37)
Local Government Reform Act 2014 (No. 1)
Ministers and Secretaries (Amendment) Act 2011 (No. 10)
Ministers and Secretaries (Amendment) Act 2013 (No. 29)
Misuse of Drugs Acts 1977 to 2007
Planning and Development Act 2000 (No. 30)
Registration of Title Act 1964 (No. 16)
Residential Tenancies Act 2004 (No. 27)
Residential Tenancies Acts 2004 and 2009
Social Welfare Acts
Social Welfare Consolidation Act 2005 (No. 26)
Stamp Duties Consolidation Act 1999 (No. 31)
Tax Acts
Taxes Consolidation Act 1997 (No. 39)
Value-Added Tax Acts
Number 21 of 2014
HOUSING (MISCELLANEOUS PROVISIONS) ACT 2014
An Act to make further provision in relation to housing provided by housing authorities and for that purpose to amend and extend the Housing Acts 1966 to 2014, to provide for financial assistance by housing authorities in respect of rent payable by certain housing tenants, to provide for the direct remission to a housing authority in respect of rent or rent-related obligations of certain social welfare payments and allowances payable to a person under the Social Welfare Acts and for that purpose to amend the law relating to such payments, to amend the Housing Finance Agency Act 1981 , and to provide for connected matters. [28 th July, 2014]
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title, collective citation and construction
1. (1) This Act may be cited as the Housing (Miscellaneous Provisions) Act 2014.
	(2) This Act and the Housing Acts 1966 to 2014 shall be read together as one and shall be included in the collective citation “ Housing Acts 1966 to 2014 ”.
		Commencement
2. This Act 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.
		Definitions (generally)
3. In this Act—
	“Act of 1992” means the Housing (Miscellaneous Provisions) Act 1992 ;
	“Act of 1997” means the Housing (Miscellaneous Provisions) Act 1997 ;
	“Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009 ;
	“approved body” means a body standing approved of for the purposes of section 6 of the Act of 1992;
	“household” has the meaning assigned to it by section 2(1) of the Act of 2009
	“prescribed” means prescribed by regulations made by the Minister;
	“Principal Act” means the Housing Act 1966 .
		Regulations
4. (1) Subject to subsection (2), 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—
	(a) may contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations, and
	(b) may be expressed to apply generally or—
	(i) to specified housing authorities or areas, or
	(ii) to housing authorities, areas, apartment complexes (within the meaning of section 50 of the Act of 2009), 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 of the Act of 2009), 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 under the regulation.
		Expenses of Minister
5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
PART 2 Termination of Local Authority Tenancies, etc.
		Interpretation (Part 2)
6. (1) In this Part—
	“affordable housing” means—
	(a) an affordable house provided under Part V of the Planning and Development Act 2000 or Part 2 of the Housing (Miscellaneous Provisions) Act 2002 , or
	(b) an affordable dwelling purchased under affordable dwelling purchase arrangements provided for by Part 5 of the Act of 2009, as the case may be;
	“dwelling” means a dwelling provided by a housing authority under the Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000 , other than affordable housing, and includes any building or part of a building of which an authority is the owner and which the authority requires for the purposes of those Acts;
	“rent-related obligation” means—
	(a) the term of a tenancy agreement requiring payment on the due dates of the amount of rent determined under section 58 of the Principal Act or section 31 of the Act of 2009, and
	(b) a term of rescheduling arrangements;
	“rescheduling arrangements” means arrangements relating to payment of rent arrears and includes arrangements referred to in section 34(2) of the Act of 2009;
	“tenancy agreement” means—
	(a) an agreement, between a person and a housing authority, that is of a type referred to in section 58(4)(b) of the Principal Act, under which the person is permitted to occupy or use a dwelling to which that section applies, or
	(b) a tenancy...