Housing (Management and Letting) Regulations, 1950

JurisdictionIreland
CitationIR SI 47/1950
Year1950

S.I. No. 47 of 1950.

HOUSING (MANAGEMENT AND LETTING) REGULATIONS, 1950.

The Minister for Local Government in exercise of the powers conferred on him by the Housing (Amendment) Act, 1948 , and of all other powers enabling him in that behalf, hereby makes the following regulations :—

PART I. PRELIMINARY AND GENERAL.

1 Citation.

1. These regulations may be cited as the Housing (Management and Letting) Regulations, 1950.

2 Definitions.

2. In these regulations :—

The expression " the Minister " means the Minister for Local Government ;

the expression " reserved house " means a dwelling provided by a housing authority under Section 30 of the Housing (Amendment) Act, 1948 (No. 1 of 1948) ;

the word " house " means a dwelling (not being a reserved house) provided by a housing authority under the Housing of the Working Classes Acts, 1890 to 1948 ;

the word " cottage " means a dwelling (other than a dwelling vested in a person pursuant to the Labourers Act, 1936 (No. 24 of 1936)) provided by a county council under the Labourers Acts, 1893 to 1948, and shall include any plot or garden attached thereto ;

the expression " premises provided by a housing authority " includes a house, cottage or reserved house erected or acquired by a housing authority ;

the expression " member of the special class " means a person with a family living in a one-roomed dwelling where :—

(a) one or more than one member of the family is suffering from tuberculosis, or

(b) one or more than one member of the family (exclusive of the parents) has attained the age of sixteen years, or

(c) the dwelling has been condemned as being unfit for human habitation ;

the expression " displaced person " means a person displaced or about to be displaced by the collapse or destruction of his dwelling or by any operation of a housing authority under the Housing of the Working Classes Acts, 1890 to 1948, Section 75 to 78 of the Towns Improvement Clauses Act, 1847, as incorporated with any enactment, Section 20 of the Dublin Improvement Acts Amendment Act, 1864, or Part II of the Dublin Corporation Act, 1890 ;

the expression " chief medical officer " means a county medical officer for a county or a city medical officer for a county borough and

the expression " housing authority " means :—

(a) the corporation of a county or other borough ;

(b) the council of a county ;

(c) the council of an urban district and

(d) the commissioners of a town.

3 Application of regulations relating to reserved houses.

3. In so far as they relate to reserved houses these regulations shall apply to every housing authority for the time being empowered under the Act to provide reserved houses.

4 Revocations.

4. The following are hereby revoked :—

(a) Sub-article (5) of Article 4 of the Housing (Loan Charges Contributions) Regulations, 1932 ( S. R. & O. No. 96 of 1932 ) ;

(b) Sub-article (3) of Article 2 of the Housing (Loan Charges Contributions) (Amendment) Regulations, 1938 ( S. R. & O. No. 26 of 1938 ).

5 Inspection and Repair of Premises.

5.—(1) Every housing authority shall make arrangements for the inspection, from time to time, of premises provided by them, and shall obtain and consider reports from rent collectors and any other officers to whom duties under this Article are assigned regarding the state of repair of the premises, the manner in which the premises are maintained by the tenants, and any breaches, non-performance or non-observance of any provisions of letting agreements on the part of the tenants.

(2) Every housing authority shall keep any premises provided by them in tenantable condition and repair and shall have any necessary repairs carried out as expeditiously as possible.

6 Instruction in care of equipment and appliances.

6. A housing authority may, and shall if so required by the Minister, arrange for affording instruction and advice to the tenants of premises provided by them, on the care and management of cooking and heating appliances and other equipment and on such other matters as the housing authority or the Minister may, from time to time, deem necessary.

7 Rent of Premises.

7.—(1) The rent of any premises provided by a housing authority shall not exceed such sum as may from time to time be approved by the Minister together, where appropriate, with such increase in respect of rates as may be required by Section 9 of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928).

(2) Where a differential rent scheme approved by the Minister applies to any premises provided by a housing authority, the housing authority may, from time to time, reduce or increase the rent of such premises in accordance with such scheme.

(3) In determining the rent to be charged for any premises provided by them and in increasing or reducing the rent of any such premises, a housing authority may take into account

(a) the financial circumstances of the tenant or proposed tenant ;

(b) the aggregated capital cost of all premises or a particular class or classes of premises provided by them, and

(c) the annual costs of administration.

(4) In this Article the word " rent " means rent exclusive of rates.

8 Provisions to be included in letting agreements.

8.—(1) Every letting agreement of premises provided by a housing authority shall provide that :—

(a) the tenancy shall be a weekly tenancy ;

(b) the rent shall be paid promptly and at regular intervals ;

(c) the tenancy may be terminated at any time on the giving of one week's notice by the tenant or housing authority ;

(d) the tenant shall not assign or sublet or subdivide or part with the possession of the premises or any part thereof, or allow any part thereof to be occupied by a lodger, or (in the case of a cottage) make any letting in con-acre ; provided that the tenant of a house or cottage may, with the consent of the housing authority, exchange his tenancy of a house or cottage for the...

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