Housing Act 1988

• Enactment Date: 13 July 1988
• Act Number: 28

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Number 28 of 1988

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HOUSING ACT 1988

REVISED

Updated to 12 March 2019

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This Revised Act is an administrative consolidation of the Housing Act 1988. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including European Parliament Elections (Amendment) Act 2019 (7/2019), enacted 12 March 2019, and all statutory instruments up to and including Housing (Financial Assistance) Regulations 2019 (S.I. No. 104 of 2019), made 12 March 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 28 of 1988

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HOUSING ACT 1988

REVISED

Updated to 12 March 2019

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Introduction

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

Related legislation

Cork City Management Acts 1929 to 1994: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Act 1994 (8/1994), s. 1(3)). The Acts in this group are:

• Cork City Management (Amendment) Act 1941 (5/1941)

• Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Cork City Management Acts 1929 to 1965

• Housing Act 1988 (28/1988), s. 27

• Local Government Act 1991 (11/1991), in so far as it relates to the management of the county borough of Cork

• Local Government Act 1994 (8/1994), in so far as it relates to the management of the county borough of Cork

Acts previously included in this collective citation and construction but now repealed are:

• Cork City Management Act 1929 (1/1929)

• City and County Management (Amendment) Act (12/1955), in so far as it relates to the county borough of Cork

• Cork City Management (Amendment) Act 1965 (8/1965)

County Management Acts 1940 to 1994: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Act 1994 (8/1994), s. 1(3)). The Acts in this group are:

• Local Government (Reorganisation) Act 1985 (7/1985), s. 7

• Housing Act 1988 (28/1988), s. 27

• Local Government Act 1991 (11/1991), in so far as it relates to the management of counties, elective bodies and the county borough of Galway

• Local Government (Dublin) Act 1993 (31/1993)

• Local Government Act 1994 (8/1994), in so far as it relates to the management of counties, elective bodies and the county borough of Galway

Acts previously included in this collective citation and construction but now repealed are:

• County Management Act 1940 (12/1940)

• County Management (Amendment) Act 1942 (13/1942)

• City and County Management (Amendment) Act 1955 (12/1955), in so far as it relates to counties and elective bodies

• County Management (Amendment) Act 1972 (32/1972)

Housing Acts 1966 to 2015: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Residential Tenancies (Amendment) Act 2015 (42/2015), s. 1(3)). The Acts in this group are:

• Housing Act 1966 (21/1966)

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

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

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

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

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

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

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

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

• Housing (Amendment) Act 2013 (22/2013)

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

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

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

Acts previously included in this collective citation and construction but now repealed are:

• Housing Act 1969 (16/1969)

• Housing Act 1970 (18/1970)

• Housing Act 1984 (1/1984)

Limerick City Management Acts 1934 to 1994: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Act 1994 (8/1994), s. 1(6)). The Acts in this group are:

• Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Limerick City Management Acts 1934 to 1955

• Housing Act 1988 (28/1988), s. 27

• Local Government Act 1991 (11/1991), in so far as it relates to the management of the county borough of Limerick

• Local Government Act 1994 (8/1994), in so far as it relates to management of the county borough of Limerick

Acts previously included in this collective citation and construction but now repealed are:

• Limerick City Management Act 1934 (35/1934)

• Limerick City Management Act 1950 (24/1950)

• City and County Management (Amendment) Act 1955 (12/1955), in so far as it relates to the county borough of Limerick

Local Government (Dublin) Acts 1930 to 1994: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Act 1994 (8/1994), s. 1(5)). The Acts in this group are:

• Local Government (Dublin) Act 1930 (27/1930)

• Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Local Government (Dublin) Acts 1930 to 1971

• Local Government (Reorganisation) Act 1985 (7/1985), Part III

• Housing Act 1988 (28/1988), s. 27

• Local Government Act 1991 (11/1991), in so far as it relates to the management of the county borough of Dublin

• Local Government (Dublin) Act 1993 (31/1993)

• Local Government Act 1994 (8/1994), in so far as it relates to the management of the county borough of Dublin

Acts previously included in this collective citation and construction but now repealed are:

• Local Government (Dublin) Act 1935 (10/1935)

• Local Government (Dublin) (Amendment) Act 1940 (21/1940)

• Local Government (Dublin) Act 1945 (8/1945)

• Local Government (Dublin) (Amendment) Act 1953 (10/1953)

• City and County Management (Amendment) Act 1955 (12/1955)

• Local Government (Dublin) Act 1967 (4/1967)

Vagrancy Acts 1824 to 1994: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Criminal Justice (Public Order) Act 1994 (2/1994), s. 1(2)). The Acts in this group are:

• Vagrancy Act 1824 (5 Geo. 4. c. 83), as applied to Ireland by Prevention of Crimes Act 1871, s. 15

• Housing Act 1988 (28/1988), s. 28

• Criminal Justice (Public Order) Act 1994 (2/1994), s. 12

Waterford City Management Acts 1939 to 1994: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Act 1994 (8/1994), s. 1(7)). The Acts in this group are:

• Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Waterford City Management Acts 1939 and 1955

• Housing Act 1988 (28/1988), s. 27

• Local Government Act 1991 (11/1991), so much of this Act as relates to the management of the county borough of Waterford

• Local Government Act 1994 (8/1994), so much of this Act as relates to the management of the county borough of Waterford

Acts previously included in this collective citation and construction but now repealed are:

• Waterford City Management Act 1939 (25/1939)

• City and County Management (Amendment) Act 1955 (12/1955), so much of this Act as relates to the county borough of Waterford

Annotations

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

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

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

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

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

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (S.I. No. 24 of 2010)

• Housing (Miscellaneous Provisions) Act 2009 (22/2009)

• Registration of Deeds and Title Act 2006 (12/2006)

• Health Act 2004 (42/2004)

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