Housing (Standards For Rented Houses) Regulations, 2008

JurisdictionIreland
CitationIR SI 534/2008
Year2008

S.I. No. 534 of 2008

HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008

CONTENTS

1. Citation

2. Commencement

3. Interpretation

4. Application

5. Structural Condition

6. Sanitary Facilities

7. Heating Facilities

8. Food Preparation and Storage and Laundry

9. Ventilation

10. Lighting

11. Fire Safety

12. Refuse Facilities

13. Electricity and Gas

14. Revocation

S.I. No. 534 of 2008

HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th December, 2008.

In exercise of the powers conferred on the Minister for the Environment, Heritage and Local Government by section 5 of the Housing Act 1966 (No. 21 of 1966), as amended by section 24 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992), and by section 18 of the Housing (Miscellaneous Provisions) Act 1992 (as adapted by the Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 ( S.I. No. 233 of 2003 ) which powers are delegated to me by the Environment, Heritage and Local Government (Delegation of Ministerial Functions) (No. 2) Order 2008 ( S.I. No. 225 of 2008 ), I, Michael Finneran, Minister of State at the Department of the Environment, Heritage and Local Government hereby make the following Regulations—

Citation

1. These Regulations may be cited as the Housing (Standards for Rented Houses) Regulations 2008.

Commencement

2. (a) Subject to sub-article (b), these Regulations shall come into operation on the 1st day of February 2009.

(b) In respect of an existing tenancy, Articles 6 to 8 of these Regulations shall come into operation on the 1st day of February 2013.

Interpretation

3. (1) In these Regulations:

(i) “existing tenancy” means a house let for rent or other valuable consideration solely as a dwelling at any time from the 1st day of September 2004 to the 31st day of January 2009,

(ii) “house” includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith,

(iii) “landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a house by the tenant thereof,

(iv) “tenant” means the person for the time being entitled to the occupation of a house under a tenancy, and

(v) “tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied.

(2) In these Regulations, any reference to a sub-article is a reference to a sub- article of the article in which the reference occurs.

(3) Any requirement of these Regulations with respect to repair shall be construed as requiring a standard of repair that is reasonable in all the circumstances and, in determining the appropriate standard of repair, regard shall be had to the age, character and prospective life of the house.

(4) Nothing in these Regulations shall be taken—

(a) as requiring or authorising anything to be done in connection with a water supply, drainage system or the supply of gas or electricity otherwise than in accordance with the enactments relating thereto,

(b) as creating an obligation to—

(i) take any action which is the responsibility of a local authority or statutory undertaker, other than such action as may be necessary to bring the matter to the attention of the local authority or statutory undertaker concerned, or

(ii) repair or maintain in good repair, working order or in a clean condition anything which a tenant is entitled to remove from a house.

(5) Sub-article (4) shall not be construed as exempting a housing authority from their duties under these Regulations as respects houses let by them.

(6) In this Article:

“local authority” has the meaning assigned to it by the Local Government Act 2001 (No. 37 of 2001);

“statutory undertaker” means a person authorised by or under statute to construct, work, or carry on a railway, canal, inland navigation, dock, harbour, gas, electricity, telephone, postal or other public undertaking.

Application

4. (1) Subject to Article 2, these Regulations shall apply to every house let for rent or other valuable consideration solely as a dwelling unless the house is let—

(a) to a person only for the purpose of conferring on that person the right to occupy the house for a holiday,

(b) by the Health Service Executive or by an approved body, as accommodation with sanitary, cooking or dining facilities provided for communal use within the building which contains the house, or

(c) by a housing authority pursuant to any of their functions under the Housing Acts 1966 to 2004, and is a demountable house.

(2) In sub-article (1)(b) “approved body” means—

(a) a body standing approved of under section 6 of the Housing (Miscellaneous Provisions) Act 1992 , or

(b) a voluntary body standing approved of by the Minister for Health and Children or by the Health Service Executive for the purposes of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder.

Structural Condition

5. (1) A house to which these Regulations apply (hereinafter referred to as “the house”) shall be maintained in a proper state of structural repair.

(2) For the...

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