Transfer Orders under the Housing Acts 1966 – 2014

• Original version: <a href='/vid/transfer-orders-under-the-907695908'>Transfer Orders under the Housing Acts 1966 – 2014</a>

1. DEFINITIONS:

“The Act of 1966” means the Housing Act 1966.

“The Act of 1978” means the Landlord and Tenant (Ground Rents) Act 1978.

“The Act of 1978 (No.2)” means the Landlord and Tenant (Ground Rents) No.2 Act 1978.

“The 1978 Regulations” means the Housing Authorities (Borrowing And Management) Regulations, 1974 (Amendment) Regulations, 1978 (S.I. 270 of 1978).

“The Act of 1992” means the Housing (Miscellaneous Provisions) Act, 1992.

“The Act of 1999” means the Stamp Duties Consolidation Act 1999.

“The Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009.

“The 2010 Regulations” means Housing (Incremental Purchase) Regulations 2010 (S.I. 252 of 2010.

“2012 Rules” means the Land Registration Rules 2012 (S.I. 483 of 2012).

“The Act of 2014” means the Housing (Miscellaneous Provisions) Act 2014.

“The 2015 Regulations” means the Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. 484 of 2015 refers).

1. RELEVANT LEGISLATION:

Section 90 of the Housing Act 1966:

Under Section 90 of the Act of 1966, a Housing Authority may sell or lease certain dwellings by way of a Transfer Order in the prescribed form and subject to such terms and conditions including special conditions (if any) as may be specified therein.

Section 4 of the Act of 1978 (which commenced on 16^th May 1978) provides that the Housing Authority, in exercising its power under the Act of 1966, can only vest the fee simple interest in the dwelling (does not include a separate and self-contained flat in premises divided into two or more such flats) subject to such terms and conditions as may be specified in the Transfer Order. In addition to such terms and conditions (if any), every Transfer Order shall include the following special conditions which will be binding upon the Purchasers and their successors for a period of 25 years from the date of vesting:

1. The dwelling shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser’s successor in title or by a member of the purchaser’s family or the family of his successor in title.
2. The dwelling or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.

Further amendments to Section 90 of the Act of 1966 took place by virtue of Section 26(1) of the Act of 1992 and Sections 31 and 32 of the Act of 2014.

Section 26(1) of the Landlord and Tenant (No.2) Act 1978:

Section 26(1) of the Act of 1978 (No.2) provides “Where a housing authority have leased to a tenant a dwelling (excludes a separate and self-contained flat in premises divided into two or more such flats) provided by them under statutory authority, the tenant shall be entitled to acquire from them the fee simple in the dwelling subject to the provisions of this section. The vesting of the fee simple interest will be by way of a Transfer Order under Section 90 of the Act of 1966.

Section 45 of the Housing (Miscellaneous Provisions) Act 2009:

Section 45 of the Act of 2009 provides that a housing authority or an approved body may enter into an arrangement with an eligible household whereby, in consideration of the receipt by the housing authority or approved body of the purchase money, the housing authority or approved body may sell a dwelling, in the state of repair and condition existing on the date of sale, to the eligible household, by means of a transfer order, in the prescribed form, which shall be expressed and shall operate to vest, on the date specified in the order, the interest specified in the order, in accordance with the terms and conditions specified in Section 45(2) and the terms and conditions of the charging order, made under Section 46.

Section 25(1) of the Housing (Miscellaneous Provisions) Act 2014:

Section 25(1) of the Act of 2014 (which commenced on 1^st January 2016) provides that a Housing Authority may, in consideration of the receipt of the purchase money, sell a house to the tenant of the house by means...