S.I. No. 71/1967:

HOUSING AUTHORITIES (LOAN CHARGES CONTRIBUTIONS AND MANAGEMENT) REGULATIONS, 1967.

HOUSING AUTHORITIES (LOAN CHARGES CONTRIBUTIONS AND MANAGEMENT) REGULATIONS, 1967.

The Minister for Local Government in exercise of the powers conferred on him 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. These regulations may be cited as the Housing Authorities (Loan Charges Contributions and Management) Regulations, 1967.

2. In these regulations : --

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

"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;

"built-up area" means an area which is a county borough, borough, urban district, town or place the population of which, as ascertained by the census of population which is for the time being the last published census of population, exceeds two hundred and fifty, or the environs of such area;

"dwelling" includes any dwelling provided by a housing authority under the Act or any enactment repealed by the Act ;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. (1) The Housing (Loan Charges Contributions) Regulations, 1932 (S.R. & O. 1932, No. 96), the Housing (Loan Charges Contributions) (Amendment) Regulations, 1938 (S.R .& O., 1938, No. 26), the Housing (Loan Charges Contributions) (Amendment) Regulations, 1951 ( S.I. No. 362 of 1951 ), the Housing (Loan Charges Contributions) (Amendment) Regulations, 1953 ( S.I. No. 149 of 1953 ), the Housing (Loan Charges Contributions) Regulations, 1959 ( S.I. No. 87 of 1959 ) and the Housing (Loan Charges Contributions) (Amendment) Regulations, 1962 ( S.I. No. 179 of 1962 ) are hereby revoked.

(2) Articles 5, 6, 7 and 8 and Part III of the Housing (Management and Letting) Regulations, 1950 ( S.I. No. 47 of 1950 ) as amended by paragraphs (d) and (e) of article 2 of the Housing (Management and Letting) (Amendment) Regulations, 1953 ( S.I. No. 336 of 1953 ) are hereby revoked.

(3) "Ten" is substituted for "twelve" where that word occurs in paragraph (b) and (c) of article 2 of the Housing (Management and Letting) (Amendment) Regulations, 1953.

(4) "or under section 77 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), section 3 of the Local Government (Sanitary Services) Act, 1964 (No. 29 of 1964) or the Housing Act, 1966 (No. 21 of 1966)" shall be inserted at the end of the definition of "displaced person" in article 2 of the Housing (Management and Letting) Regulations, 1950.

4. (1) The payment by the Minister under or by virtue of Chapter IV of Part II of the Act of contributions towards the annual loan charges incurred by a housing authority in respect of the provision of dwellings or building sites, as the case may be, shall be conditional upon the observance by the authority of the following conditions : --

(a) the dwellings or building sites shall be provided in accordance with proposals approved of 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) the 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 less period than a month--

(i) in the case of dwellings let for the first time after the date of these regulations, 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 dwellings; 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 less 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.

(2) A purchase scheme approved by the Minister for the purposes of this article shall provide for the sale or lease of the dwellings to which it applies for a sum equivalent to the market value or replacement value of the dwellings, as the authority may decide, less a deduction from such value for each year after five during which the tenant has been continuously in occupation of the dwelling or any other dwelling of a housing authority, not exceeding--

(a) 3%, subject to a maximum deduction of 45%, in the case of dwellings in groups of six or less situate in an area which is not a built-up area;

(b) 2%, subject to a maximum deduction of 30%, in the case of other dwellings.

(3) In calculating the replacement value of a dwelling for the purposes of this article, a housing authority may make allowances for the age and standard of accommodation of the dwelling.

5. (1) For the purposes of section 44 of the Act, the amount of any money borrowed by a housing authority for the provision of dwellings (other than dwellings in respect of which a special contribution is made) and building sites, shall be deemed to be whichever of the following amounts is the lesser : --

(a) the amount of the loan borrowed by the authority for the provision of the dwellings or building sites; or

(b) (i) in respect of dwellings in buildings of six or more storeys an amount equal to the total number of serviced dwellings multiplied by £2,600;

(ii) in respect of dwellings in buildings of less than six storeys--

(A) containing more than one dwelling--an amount equal to the number of serviced dwellings provided multiplied by £2,200;

(B) containing one serviced dwelling--an amount equal to the total number of dwellings provided multiplied by £1,650;

(C) containing one dwelling which is not a serviced dwelling--an amount equal to the number of dwellings provided multiplied by £1,100;

(iii) in respect of building sites--an amount equal to the number of sites provided multiplied by £450.

(2) For the purposes of section 44 of the Act, the amount of any money borrowed by a housing authority for the provision of a dwelling in respect of which a special contribution is made shall be deemed to be equivalent to the cost, as approved by the Minister, of providing the dwelling less--

(a) £100, and

(b) a sum calculated in the following manner at the rate of interest at and for the period which the authority borrowed the money for the provision of the dwelling--

(i) where the rent or purchase annuity fixed by the housing authority for the dwelling is equivalent to or greater than £19 10s. a year--the capital equivalent of the rent or purchase annuity, or

(ii) where the rent or purchase annuity so fixed is less than £19 10s. a year--the capital equivalent of £19 10s. a year plus half the capital equivalent of the amount by which the rent or purchase annuity is less than £19 10s. a year.

(3) In this article--

"serviced dwelling" means a dwelling in which a piped water supply and sewerage facilities are installed,

"special contribution" means a contribution made by the Minister under section 44 of the Act, equivalent to the loan charges on the amount of money borrowed by a housing authority for the provision of a dwelling as calculated in accordance with sub-article (2) of this article.

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, subdivide 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 of any conduct likely to cause annoyance or disturbance to his neighbours;

(j) where the dwelling is let by a housing authority who are 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 consent of the housing authority;

(k) where a dwelling is let by an authority who are a county council, 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 if required to refrain from so doing by the authority;

(l) the tenant shall not execute any additions, alterations, improvements or other works in, or in relation to, the dwelling or erect any shed, garage, out-office or other building, without the consent of the authority;

(m) the tenant shall be responsible for all internal decoration and for any breakage of glass in the windows and any damage to the fixtures, fittings or structure of the dwelling and for the proper maintenance of fences of the garden or plot and shall cause to be made good any damage or breakage without delay and where such works, damage or breakage is carried out or repaired by the authority, shall pay the cost of such works to the authority;

(n) the tenant shall allow authorised officers and servants of the authority to enter and inspect the dwellings at all reasonable times and to carry out thereon any necessary works;

(o) the tenant shall, on the termination of the tenancy, peaceably and quietly deliver up possession of the dwelling to the authority;

(p) the authority shall have a right to re-enter upon and resume possession of the dwelling for breach, non-performance or non-observance of any of the provisions of the letting agreement;

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

(r) notice to quit may be served by the authority on the tenant either personally or by leaving it with some person over sixteen years of age resident or employed in the house or by leaving it at the dwelling.

(2) Every letting agreement in respect of a dwelling shall contain an indication of the liability of the tenant under section 9 of the Act of 1928 for the payment in respect of rates for the dwelling.

7. Every housing authority shall make arrangements for the inspection, from time to time, of dwellings provided by them, and shall obtain and consider reports from rent collectors and any other authorised officers or servants regarding the state of repair of the dwellings, the manner in which the dwellings are maintained by the tenants and any breach, non-performance, or non-observance of any provisions of letting agreements on the part of the tenants.

8. A fee of one pound is prescribed for the purposes of subsection (3) of section 106 of Act.

9. The transfer order for the purposes of section 90 of the Act shall be in the form set out in the schedule to these regulations or in a form substantially to the like effect.

SCHEDULE.

FORM OF TRANSFER ORDER.

Housing Act, 1966 , (section 90).

TRANSFER ORDER.

County

County Borough of................................................¹

Borough

Urban District

Town

¹Insert name of functional area of housing authority.

1. In consideration of ²............................................................ ............................................................ .....

............................................................ ............................................................ ...............

the ³............................................................ ........................................................hereinafter referred to as the housing authority) in exercise of the powers conferred on them by section 90 of the Housing

² Insert consideration e.g. "£.........................," and/or "the rent herein reserved".

³Insert name of housing authority.

Act, 1966 HEREBY VEST on the............day of............ 19......the dwelling described in the Schedule to this Order in⁴............................................................ ................... of ............................................................ ............................ hereinafter referred to as "the purchaser" which expression where the context so admits includes his successors in title) in

fee simple (or⁵ for the term of..................years from the said............day of............19......) subject to the terms, conditions and special conditions herein specified.

⁴Insert name and address of purchaser.

⁵Insert appropriate words having regard to the interest being vested.

2. The sum of £     ⁶being the purchase money for the said dwelling shall be paid by the purchaser in the following manner, that is to say :--⁶....................................

............................................................ ............................................................ ...............

⁶Insert amount and manner for payment of purchase money where appropriate.

3. There is hereby reserved out of the said dwelling a rent of £............per............⁷ which shall be paid by the purchaser in the following manner, that is to say : --⁷

⁷Insert amount and manner for payment of rent where appropriate.

4. The following special conditions shall apply to the dwelling : --⁸

⁸Delete special conditions not appropriate.

(a) payments in respect of the purchase money shall be paid punctually on the due dates;

(b) 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;

(c) 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.

5. The following conditions shall apply to the dwelling : --⁹

⁹Insert the appropriate conditions as to repair by purchaser, use as dwelling only, right of entry of housing authority, payment by purchaser of rates, rents, taxes, etc., alterations and additions, insurance in joint names of purchaser and authority, re-entry of housing authority in case of breach of condition and such other conditions as are required.

SCHEDULE TO TRANSFER ORDER.

Description of dwelling.¹⁰

¹⁰Insert suitable description. Where description is by reference to a map the map should be clearly identified and attached to the Order.

The official seal of the housing authority was affixed hereto in the presence of

....................................

.....................................               ........................

Manager

Directions for completing this Form

GIVEN under the Official Seal of the Minister for Local Government this 13th day of April, 1967.

CAOIMHGHÍN Ó BEOLÁIN,

Aire Rialtais Áitiúil.

The Minister for Finance hereby consents to the foregoing Regulations.

Dated this 13th day of April, 1967.

CHARLES J. HAUGHEY,

Minister for Finance.

EXPLANATORY NOTE.

These regulations repeal the Housing (Loan Charges Contributions) Regulations, 1932 to 1962, and provide for the cost limits on which contributions to loan charges may be made by the Minister for Local Government under section 44 of the Housing Act, 1966 , including new limits in respect of money borrowed by a housing authority for the provision of building sites and dwellings in buildings of six or more storeys.

The regulations lay down conditions as to building standards, rents and the disposal by housing authorities of houses, building sites and other land, subject to which the contributions will be payable by the Minister. Section 46 of the Housing Act, 1966 , enables the Minister to reduce, suspend or discontinue the payment of these contributions where an authority fails to observe these conditions.

The regulations also repeal the Housing (Management and Letting) Regulations, 1950 and 1953, with the exception of the provisions specifying the priorities to be followed by housing authorities in the letting of houses. These priorities will cease to apply to lettings by an authority on the coming into force of the authority's own scheme of priorities under section 60 of the Housing Act, 1966 . The regulations also incorporate the conditions subject to which lettings of dwellings may be made by housing authorities, including a condition permitting an authority to consent to sub-tenanting.

The fee to accompany an appeal to the Minister under section 106 of the Act, dealing with the structural condition of dwellings on their sale or lease by a housing authority, and the form of transfer order for the sale or lease of dwellings under section 90 of the Act are also prescribed.