Housing Act 1966

The Housing Act section 74(4) was amended by the 2009 Act to allow for the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act, 2009” for “mortgage made by deed within the meaning of the Conveyancing Act, 1811-1911, and the substitution of “that Act” for “those Acts” in both places where this occurs.

1. General

The Housing Act 1966, except sections 88, 90 and 115 and certain scheduled repeals under section 6(1) of the Act (see the Housing Act 1966, (Commencement) Order 1966) came into operation on 31st December 1966.

It is important to note also that this Practice Direction does not apply (unless otherwise stated) to transactions, e.g. deeds, charges, vesting orders, leases, statutory receipts, executed before the date of coming into operation of the Act but not lodged until after the Act. All such cases shall be referred to the Divisional Manager.

2. Acquisition of Land by Housing Authorities

Under section 23(1)(b) of the Registration of Title Act 1964, where land (freehold or leasehold) is acquired by a housing authority after the date of coming into operation of that Act (1st January 1967) registration of such land is compulsory.

2.1 Compulsory Acquisition of Unregistered Land

(i) If the purchase money or compensation does not exceed €1,000,000.

The housing authority may be registered as full owner with an absolute title (or good leasehold title, as the case may be) on lodgement of the conveyance or other instrument accompanied by a certificate in LR Form 3 of the Land Registration Rules 2012.

If the purchase money or compensation does not exceed €19,046.07, (the euro equivalent of £15,000 as fixed by section 31 of the Housing (Miscellaneous Provisions) Act 1992), and the housing authority is satisfied that:

(a) the claimant has power to sell under the Land Purchase Acts or Land Clauses Acts, and

(b) that he, or his immediate predecessor in title, has been personally, or by an agent, in receipt of the rents and profits of the land, or in actual occupation thereof, for a period of not less than six years, the purchase money may be paid to him.

In this case the housing authority may be registered as full owner with an absolute title on lodgement of a receipt in the prescribed form (Form No. 11 of the Housing Act 1966 (Acquisition of Land) Regulations 2000 [S.I. No. 454 of 2000], accompanied by a statement by its Secretary or Solicitor that the authority is satisfied regarding (a) and (b) supra. In this case, a certificate in LR Form 3 is unnecessary.

If the purchase money or compensation does not exceed €19,046.07 and a receipt in the prescribed form is given by a person who is described therein as first mortgagee or chargee, the housing authority may be registered as full owner with an absolute title on production of the receipt and a statement by its Secretary or Solicitor that the authority is satisfied that the recipient of the purchase money or compensation is a first mortgagee or chargee. A certificate in LR Form 3 is unnecessary in this case also.

Note: Housing authorities invariably acquire the fee simple interest. In practice, compulsory purchase orders are not made merely to acquire leasehold interests.

The above mentioned cases are to be dealt with in the Dealing Sections.

Land Clauses Consolidation Act 1845

Note: It should be remembered that sections 71 and 72 of this Act are unrepealed and that the provisions of section 72 now apply to cases where the purchase money or compensation does not exceed €19,046.07. It is not anticipated that applications by reference specifically to these sections will be lodged; if they are, a question may arise as to the proper mode of conveyance to the housing authority. This matter should be referred to the Divisional Manager.

(ii) If the purchase money or compensation exceeds €1,000,000 or if the purchase money or compensation does not exceed €19,046.07 and the case is not dealt with under (i) supra.

The case should be passed to the Examiner Cross Functional Team to enquire into title which should commence as follows:

  1. Title beginning 20 years previous to date of claim.
  2. If there has been a conveyance on sale less than 20 years and more than 10 years prior to the date of claim with that conveyance on sale. See Article 10 of 2nd Schedule to the Housing of the Working Classes Act 1890.
  3. An affidavit of discovery should also be lodged and a statutory declaration as to title.

Exception:

If the purchase money or compensation does not exceed €50,789.52, (the euro equivalent of £40,000 as fixed by section 31 of the Housing (Miscellaneous Provisions) Act 1992), and (a) it appears to the housing authority that the person making any claim for purchase money or compensation is not absolutely entitled to the land, or (b) the title to the land is not satisfactorily shown to the housing authority, the purchase money or compensation may be paid into the Circuit Court in which case the authority may be registered as full owner with an absolute title on lodgement of a deed poll with evidence that the purchase money or compensation has been paid into such Court.

Such cases are to be dealt with in the Dealings Sections.

(iii) If the acquisition is effected by means of a Vesting Order under section 81 of the Act

A housing authority has power under section 81 of the Act to acquire land by means of a Vesting Order.

Such Vesting Orders are to be dealt with in the Dealings Sections. On lodgement of the original Vesting Order (with map attached) and the appropriate fees, the housing authority shall be registered as full owner with an absolute title. The date of registration is to be the date on which the draft entry or folio is settled subject as hereunder. If the date of vesting is not 21 days or more later than the date of execution of the Order, the Order is not to be accepted for registration.

If a Vesting Order is lodged prior to the date on which it vests the land in the housing authority the registration is not to be effected or the draft entry or folio settled until after the date of vesting. The registration of the housing authority is to be effected subject to the Land Purchase Annuity or other annual sum payable to the Department of Agriculture, Food and the Marine or Commissioners of Public Works. A memorial is to be filed in the Registry of Deeds.

The following note is to be entered in Part 3 of the housing authority’s folio:

“The property herein is subject to any purchase annuity, payment in lieu of rent or other annual sum or portion thereof which may be payable under section 82(2) of the Housing...

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