Housing Authorities (Borrowing and Management) Regulations, 1974.

Date18 September 1974
Statutory Instrument No.276/1974

S.I. No. 276 of 1974.

HOUSING AUTHORITIES (BORROWING AND MANAGEMENT) REGULATIONS, 1974.

The Minister for Local Government in exercise of the powers conferred on him by section 4 of the Local Government (No. 2) Act, 1960 (No. 40 of 1960) and by sections 5 , 44 , 58 , 90 and 106 of the Housing Act, 1966 (No. 21 of 1966) and with the consent of the Minister for Finance hereby makes the following Regulations:—

1 Citation.

1. These Regulations may be cited as the Housing Authorities (Borrowing and Management) Regulations, 1974.

2 ..

2. In these Regulations:—

"the Act" means the Housing Act, 1966 (No. 21 of 1966);

"the Act of 1960" means the Local Government (No. 2) Act, 1960 (No. 40 of 1960);

"the Act of 1928" means the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928);

"building site" means a developed site for house building purposes in respect of which the Minister is satisfied that the work of developing the site commenced on or after 1st July, 1965;

"dwelling" includes any dwelling provided by a housing authority under the Act or any enactment repealed by the Act;

"the Minister" means the Minister for Local Government.

3 Revocation.

3. The Regulations specified in Part II of the Schedule hereto are hereby revoked.

4 Conditions for sanction of the Minister to borrowing.

4. Where a housing authority has, with the sanction of the Minister, borrowed under section 4 of the Act of 1960, money for the provision of dwellings or building sites, the following provisions shall be complied with:—

( a ) the dwellings or building sites shall be provided in accordance with proposals approved by the Minister;

( b ) work on the erection of the dwellings or the development of the building sites shall be completed in a proper and workmanlike manner in accordance with such plans and specifications as may be approved by the Minister;

( c ) in the construction of dwellings and the provision of building sites, materials and appliances conforming with the current standard quality for the particular work shall be used as far as possible;

( d ) dwellings shall be open to inspection when required by an authorised officer of the Minister;

( e ) dwellings let by the authority on a tenancy for a month or a lesser period than a month—

(i) in the case of dwellings let for the first time shall be let in accordance with a scheme of rents approved by the Minister, which takes account of the financial circumstances of the household and the standard of accommodation and amenity of the dwelling, and

(ii) in the case of other dwellings, shall as soon as is reasonably practicable, be let at rents in accordance with such a scheme and pending the making of such lettings, shall be let at rents which are in accordance with a scheme or not less than amounts approved by the Minister in relation to such dwellings;

( f ) lettings of dwellings to which a scheme of priorities under section 60 of the Act relates shall be in accordance with the scheme;

( g ) the authority shall ensure that dwellings let by them on a tenancy for a month or a lesser period than a month shall, subject to the terms of the tenancy, be maintained in good tenantable condition and repair;

( h ) building sites sold, leased or exchanged by the authority under section 88 of the Act shall be sold, leased or exchanged by them—

(i) in the case of a sale, lease or exchange in accordance with terms approved by the Minister before the date of these regulations, in accordance with those terms, and

(ii) in any other case, for a price not less than a sum equivalent to the cost to the authority of the acquisition and development of the site less the value of any contribution to loan charges in respect of the site by the Minister under section 44 of the Act;

( i ) dwellings sold or leased by the authority under section 90 of the Act shall be sold or leased—

(i) in case a dwelling is occupied by a tenant, to the tenant in accordance with a purchase scheme made by the authority and approved by the Minister for the purposes of this article, and

(ii) in case the dwelling is not so occupied, to any person, with the consent of the Minister;

( j ) land, other than building sites, sold, leased or exchanged under section 88 of the Act, shall be sold, leased or exchanged for the best price and on the best terms reasonably obtainable or, where the price and terms are not the best reasonably obtainable, with the consent of the Minister.

5 Cost limits for sites for purposes of contributions to loan charges.

5. For the purposes of section 44 of the Act, the amount of any money borrowed by a housing authority for the provision of building sites, shall be deemed to be the amount of the loan borrowed by the authority for the provision of building sites or an amount equal to the number of sites provided multiplied by £900, whichever is the lesser.

6 Letting of houses.

6. (1) Every letting by a housing authority of a dwelling by virtue of section 58 of the Housing Act, 1966 , shall be made subject to the following conditions:—

( a ) the tenancy shall be a weekly tenancy;

( b ) the sum for rent, payment in respect of rates under the Act of 1928 and any charges for services shall be paid punctually on the due dates;

( c ) the tenant shall not assign, sub-divide or part with the possession of the dwelling or any part thereof or make any letting in con-acre, or, without the consent of the authority, sublet or allow any part of the dwelling to be occupied by a lodger;

( d ) the tenant, may, with the consent of the authority, exchange his tenancy of the dwelling for the tenancy of another dwelling provided by a housing authority;

( e ) the tenant shall not, save with the consent of the authority, cease to reside in the dwelling for more than six weeks in any period of fifty-two weeks;

( f ) the dwelling shall not be used as a shop, work-shop or factory or for any purpose whatever other than as a dwelling-house;

( g ) no trading signs of any description shall be erected or displayed on or about the dwelling, without the consent of the authority;

( h ) the tenant shall not cause any damage to the dwelling and shall keep the dwelling in a clean and proper state, and shall not allow any refuse or offensive matter to accumulate in any portion thereof;

( i ) the tenant shall not cause any nuisance or be guilty of or permit any conduct likely to cause annoyance or disturbance to his neighbours;

( j ) where the dwelling is let by a housing authority which is a county borough corporation, borough corporation, urban district council or a town, the tenant shall not keep any poultry, pigs or other animals ( other than domestic pets which are not likely to create a nuisance or become a source of annoyance) on the premises without the...

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