IE-2009-act-22 — Housing (Miscellaneous Provisions) Act 2009 | Law Reform

PART 1 PRELIMINARY AND GENERAL 1 .— (1) This Act may be cited as the Housing (Miscellaneous Provisions) Act 2009. (2) The Housing Acts 1966 to 2004 and this Act (other than section 100 ) may be cited together as the Housing Acts 1966 to 2009 and shall be construed together as one Act. (3) Section 100 and, in so far as it relates to that section, this section shall be construed as one with the Residential Tenancies Acts 2004 and 2009 and shall be included in the collective citation “Residential Tenancies Acts 2004 and 2009”. (4) This Act (other than section 100 ) comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, including the application of section 7 or 8 to different enactments specified in Schedule 1 or Schedule 2 and to different provisions of those enactments. 2 .— (1) In this Act— “Act of 1988” means the Housing Act 1988 ; “Act of 1992” means the Housing (Miscellaneous Provisions) Act 1992 ; “Act of 1997” means the Housing (Miscellaneous Provisions) Act 1997 ; “Act of 2002” means the Housing (Miscellaneous Provisions) Act 2002 ; “affordable housing” means F1 [ affordable dwellings within the meaning of section 4 of the Affordable Housing Act 2021 purchased under Part 2 of that Act ] or affordable housing provided under Part V of the Planning and Development Act 2000 or Part 2 of the Act of 2002, as the case may be; “allocation scheme” has the meaning given to it by section 22 ; “anti-social behaviour” has the same meaning as in section 1 of the Act of 1997; “approved body” means a body standing approved of for the purposes of section 6 of the Act of 1992; “caravan” has the same meaning as in section 13 of the Act of 1988; “ Chapter 4 tenancy agreement” has the meaning given to it by section 25 and references to “ Chapter 4 tenancy” shall be construed accordingly; F2 [ “ chief executive ” means, as respects a local authority, a chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001 ; ] “development plan” has the same meaning as in section 2 of the F3 [ Planning and Development Act 2024 ] ; “dwelling” includes any building or part of a building occupied or intended for occupation as a normal place of residence and includes any out-office, yard, garden or other land appurtenant thereto or usually enjoyed therewith and includes a house, flat, apartment, maisonette or hostel; “estate management” has the same meaning as in section 1 of the Act of 1997; “executive function” has the same meaning as in section 2 of the Local Government Act 2001 ; “homelessness action plan” has the meaning given to it by section 37 ; “homelessness consultative forum” has the meaning given to it by section 38 ; “homeless person” means a person who is regarded by a housing authority as being homeless within the meaning of section 2 of the Act of 1988 and “homeless” and “homeless household” shall be construed accordingly; “joint homelessness consultative forum” shall be read in accordance with section 38 ; “household” means, subject to sections 20 and 84 , a person who lives alone or 2 or more persons who live together; “housing action programme” has the meaning given to it by section 18 ; F4 [ … ] “housing services” shall be read in accordance with section 10 ; “housing services plan” has the meaning given to it by section 14 ; “housing strategy” has the same meaning as in F3 [ section 2 of the Planning and Development Act 2024 ] ; “housing support” shall be read in accordance with section 10 (a) ; F5 [ “ local authority ” means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014); ] F4 [ … ] “market rent” has the same meaning as in section 24 of the Residential Tenancies Act 2004 ; “material improvements” F1 [ means improvements made to a dwelling sold under an incremental purchase arrangement under Part 3 ] ; whether for the purposes of extending, enlarging, repairing or converting the dwelling, but does not include decoration, or any improvements carried out on the land including the construction of the dwelling; “Minister” means the Minister for the Environment, Heritage and Local Government; “prescribed” means prescribed by regulations made by the Minister under this Act; “Principal Act” means the Housing Act 1966 ; “public private partnership arrangement” has the same meaning as in section 3 of the State Authorities (Public Private Partnership Arrangements) Act 2002 ; “refurbishment” in relation to a dwelling or other building, includes the enlargement, improvement, adaptation or reconstruction of such dwelling or other building; “rental accommodation availability agreement” has the meaning given to it by section 24 ; “rent scheme” has the meaning given to it by section 31 ; F5 [ “ reserved function ” means a reserved function for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014); ] “social housing assessment” has the meaning given to it by section 20 ; “social housing support” shall be read in accordance with section 19 . (2) F4 [ … ] 3 .— (1) The Minister may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect. (2) Regulations made under this Act may— ( a ) contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations, and ( b ) may be expressed to apply either generally or to specified housing authorities or areas or to housing authorities, areas, apartment complexes (within the meaning of section 50 ), dwellings, tenancies, loans, mortgages, persons, households, works or any other matter of a specified class or classes, denoted by reference to such matters to which the provision or provisions of this Act under which the regulations are made relate, as the Minister considers appropriate, and different provisions of such regulations may be expressed to apply in relation to different housing authorities or areas or different classes of housing authorities, areas, apartment complexes (within the meaning of section 50 ), dwellings, tenancies, loans, mortgages, persons, households, works or other matters. (3) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. 4 .— (1) The Minister may, from time to time, as he or she considers appropriate, give general policy directions in writing to a housing authority in relation to the performance by the housing authority of any of its functions under the Housing Acts 1966 to 2009 and the housing authority shall comply with any such directions. (2) The Minister may, by direction in writing, revoke or amend a direction under subsection (1) , including a direction under this subsection. (3) Whenever the Minister gives a direction under this section, he or she shall publish the direction or cause it to be published in the manner he or she considers appropriate. (4) A housing authority shall make available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours, a copy of any direction given to it under this section. 5 .— (1) The Minister may, from time to time, as he or she considers appropriate, issue to housing authorities such guidelines in relation to the performance of their functions under the Housing Acts 1966 to 2009 as he or she considers appropriate and housing authorities shall have regard to such guidelines in the performance of those functions. (2) The Minister shall publish or cause to be published, in the manner he or she considers appropriate, any guidelines issued under this section. (3) A housing authority shall make available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours, a copy of any guidelines issued to it under this section. 6 .— Without prejudice to section 12 , sections 4 and 5 shall not be construed as enabling the Minister to exercise any power or control in relation to any particular case with which a housing authority is or may be concerned. 7 .— The Acts specified in column (3) of Schedule 1 are repealed to the extent specified in column (4) of that Schedule. 8 .— The Acts specified in Schedule 2 are amended as indicated in that Schedule. 9 .— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 FUNCTIONS OF HOUSING AUTHORITIES – Chapter 1 Housing Services 10 .— In performing its functions under the Housing Acts 1966 to 2009 , a housing authority may provide housing services, including, but not necessarily limited to, all or any of the following— ( a ) housing support provided to households for the purposes of meeting their accommodation needs, including: (i) social housing support; (ii) affordable housing; (iii) the granting of shared ownership leases under section 3 of the Act of 1992; F7 [ (iv) the sale, or consent to the sale, of a dwelling under section 90(1)(b) of the Principal Act to a person other than another housing authority; ] (v) subsidies payable under section 4 of the Act of 1992 or section 7 of the Act of 2002; (vi) loans made under section 11 of the Act of 1992 or section 25 (1) of the Housing (Traveller Accommodation) Act 1998 ; (vii) grants for works of improvement or adaptation to houses under section 5 of the Act of 1992; (viii) grants and other assistance for the provision of new houses or improvement works to houses under section 6 of the Housing (Miscellaneous Provisions) Act 1979 ; (ix) services provided to homeless persons under section 10 of the Act of 1988; (x) the provision of sites under section 57 of the Principal Act, ( b ) assistance, other than financial assistance or housing support, provided— (i) in accordance with a homelessness action plan to households that were formerly homeless before their occupation of their current accommodation and, in the opinion of the housing authority, such assistance is necessary for the purposes of supporting those households in remaining in occupation of that accommodation, or (ii) to tenants of dwellings to which section 31 (1) applies, ( c ) the management, maintenance and refurbishment under section 28 of any dwelling, building or land of which the housing authority is the owner or which is under its F8 [ management and control, ] ( d ) the reconstruction or improvement under section 12 of the Act of 1988 of certain houses provided by F8 [ housing authorities, and ] F9 [ ( e ) cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021. ] 11 .— (1) In this section “ancillary services” include roads, shops, facilities for the benefit of the community (including health and leisure facilities), playgrounds, places of recreation, parks, allotments, open spaces, sites for places of worship, factories, schools, offices and other buildings or land and other such works or services, as will, in the opinion of a housing authority, serve a beneficial purpose either in connection with the requirements of the households for which the dwellings concerned are provided or in connection with the requirements of other households. (2) In providing housing services and in connection with dwellings provided, to be provided or which, in the opinion of the housing authority will in the future require to be provided, a housing authority may provide and, if it considers appropriate, maintain in good order and repair, the ancillary services. (3) For the purposes of subsection (2) — ( a ) reference to the provision of dwellings includes dwellings provided, or maintained, on behalf of a housing authority pursuant to arrangements with an approved body, or public private partnership arrangements, and ( b ) reference to the provision and maintenance of ancillary services includes ancillary services provided pursuant to arrangements with an approved body, or public private partnership arrangements. 12 .— (1) The Minister may, for the purposes of the provision of housing services, with the consent of the Minister for Finance, pay to a housing authority, out of moneys provided by the Oireachtas, a grant or subsidy in respect of all or any one or more of the following: ( a ) the provision of dwellings or sites by the authority; ( b ) the refurbishment of dwellings provided by the authority; ( c ) the provision of caravans, or the provision, improvement or management by the authority of sites for caravans referred to in section 13 of the Act of 1988 for persons to whom that section applies; ( d ) the acquisition of land for the provision of dwellings or sites; ( e ) the provision of ancillary services in connection with the provision or improvement of dwellings or sites; ( f ) subject to such regulations as may be made under this section, the provision of assistance to an approved body under section 6 of the Act of 1992; ( g ) such measures as may be taken by the housing authority pursuant to its housing services plan for the purposes of improving its housing services; ( h ) such measures as may be taken by the housing authority pursuant to its homelessness action plan relating to the provision of assistance under section 10 (b) (i) . (2) A grant or subsidy shall not be paid under this section in respect of a dwelling, site or works unless the relevant dwelling, site or works comply on completion with such conditions, if any, as may, from time to time, be determined by the Minister for the purposes of this section in relation to standards of construction and works and the provision of water, sewerage and other services in dwellings or to sites. (3) A subsidy under subsection (1) in respect of loan charges incurred in the provision of any of the housing services referred to in that subsection may be made either to the housing authority concerned or, on its behalf, to the person who made the relevant loan in respect of which the loan charges were incurred. (4) The Minister may make regulations in relation to the payment of a grant or subsidy under subsection (1) (f) providing for all or any one or more of the following: ( a ) the class or classes of accommodation in respect of which the grant or subsidy may be paid and the class or classes of households for whom such accommodation is provided; ( b ) the amount of the grant or subsidy; ( c ) requirements in relation to— (i) the assistance in respect of which the grant or subsidy may be paid, (ii) the payment of the grant or subsidy, (iii) the financial and other circumstances of households occupying accommodation in respect of which the grant or subsidy may be paid, (iv) the occupation and maintenance of accommodation in respect of which the grant or subsidy may be paid, (v) the floor area of accommodation in respect of which the grant or subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister, (vi) standards of construction, works and repair and the availability in accommodation, in respect of which the grant or subsidy may be paid, of water, sewerage and other services, and (vii) the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of the accommodation concerned. 13 .— Any moneys accruing to a housing authority from— ( a ) the sale of a dwelling owned by the authority, including a sale under section 90 of the Principal Act F10 [ , Part 3 or 4 of this Act or Part 3 of the Housing (Miscellaneous Provisions) Act 2014 ] , ( b ) the resale of a dwelling under section 48 or 76 F11 [ or section 29 of the Housing (Miscellaneous Provisions) Act 2014 ] , ( c ) an approved body in respect of the resale of a dwelling referred to in paragraph (b) , ( d ) payments in respect of any amounts outstanding under section 47 or 75 F12 [ or section 27 of the Housing (Miscellaneous Provisions) Act 2014 ] , as the case may be, ( e ) the resale of a dwelling under section 9 of the Act of 2002, ( f ) the purchase of the interest of the housing authority or the sale of a dwelling, as the case may be, under section 10 of the Act of 2002, ( g ) the resale of certain sites, or dwellings on such sites, under section 98 , or ( h ) the repayment of a grant to which section 99 applies, shall be accounted for by the housing authority in a separate account and, subject to the prior approval of the Minister, may be used for the provision of housing or for the refurbishment or maintenance of existing housing, or any other related purposes. PART 2 FUNCTIONS OF HOUSING AUTHORITIES – Chapter 2 Housing Services Plan 14 .— (1) Each housing authority shall make a plan (in this Act referred to as a “housing services plan”) setting out the objectives which the housing authority considers to be reasonable and necessary for the provision of housing services having regard to the requirements of the housing strategy or strategies relating to housing supports for its administrative area. (2) A housing services plan shall be in writing and shall specify how the housing authority proposes to provide housing services. (3) Subject to subsection (5) , a housing authority shall adopt a housing services plan not later than 6 months after the date on which the current development plan is made. (4) A housing services plan shall relate to the remaining period of the housing authority’s current development plan. (5) ( a ) The Minister may direct a housing authority or housing authorities to make a housing services plan relating to the remaining period of the development plan in operation, on the coming into operation of this section, in respect of the administrative area concerned and this Chapter shall apply to the preparation and making of such a plan. ( b ) A housing authority shall comply with any direction given to it under paragraph (a) . (6) The preparation, making, adoption or variation of a housing services plan, or draft plan, as the case may be, is a reserved function. 15 .— (1) In making a housing services plan, a housing authority shall, in particular, have regard to the following: ( a ) the development plan or plans for its administrative area; ( b ) any summary or summaries of social housing assessments prepared under section 21 ; ( c ) the demand for affordable housing in its administrative area; ( d ) the accommodation programme or programmes adopted for its administrative area in accordance with section 7 of the Housing (Traveller Accommodation) Act 1998 ; ( e ) the homelessness action plan adopted in accordance with Chapter 6 in respect of its administrative area; ( f ) the need to ensure that housing services are delivered in a manner which promotes sustainable communities, including but not necessarily limited to the need to— (i) counteract undue segregation in housing between persons of different social backgrounds, and (ii) ensure that a mixture of dwelling types and sizes and of classes of tenure is provided to reasonably match the different types of housing support required in its administrative area; ( g ) its anti-social behaviour strategy (if any) under section 35 ; ( h ) any directions given by the Minister under subsection (2) ; ( i ) the matters specified in section 69 of the Local Government Act 2001 to which local authorities are required to have regard in performing their functions. (2) ( a ) The Minister may direct a housing authority to include in its housing services plan such information as he or she considers necessary, including, but not necessarily limited to, information on, and priorities relating to, each of the following: (i) the provision of appropriate housing supports; (ii) proposed measures to ensure that housing supports are delivered in a manner which promotes sustainable communities; (iii) the quality, standards and condition of housing owned by the housing authority, and priorities for refurbishment; (iv) plans for the regeneration of the administrative area concerned or any part of it; (v) the policies of the housing authority relating to the management and maintenance of dwellings or sites owned or controlled by it. ( b ) A housing authority shall comply with any direction given to it under paragraph (a) . (3) A housing services plan shall include the summary or summaries, prepared under section 21 , of the social housing assessments carried out in respect of the administrative area concerned. 16 .— (1) A housing authority shall prepare a draft of the housing services plan and shall send a copy of the draft housing services plan to— ( a ) the Minister, ( b ) every local authority whose administrative area adjoins F13 [ … ] the administrative area of the authority preparing the draft plan, ( c ) the Health Service Executive, ( d ) approved bodies engaged in the provision of accommodation or shelter in the administrative area concerned, ( e ) the homelessness consultative forum in its administrative area, or joint homelessness consultative forum, as the case may be, ( f ) any local traveller accommodation consultative committee in the administrative area concerned appointed under section 21 of the Housing (Traveller Accommodation) Act 1998 , and ( g ) such local community bodies in the administrative area concerned and any other person, as the housing authority considers appropriate. (2) Written submissions or observations with respect to the draft housing services plan may be made by the persons specified in subsection (1) to the housing authority within 8 weeks from the date on which the draft plan is sent under subsection (1) . (3) Where the Minister considers that any draft housing services plan fails to adequately take account of any of the matters specified in section 15 (1) , the Minister may, within the period specified in subsection (2) , for stated reasons, direct the housing authority concerned to take specified measures to ensure that the housing services plan, when made, takes adequate account of those matters and the housing authority shall comply with any such direction. (4) Not later than 4 weeks after the end of the period specified in subsection (2) , the F14 [ chief executive ] shall prepare and submit to the housing authority a report on— ( a ) any submissions or observations made under subsection (2) , ( b ) the directions (if any) of the Minister under subsection (3) and the stated reasons for those directions, and ( c ) any aspect of the draft housing services plan (other than aspects of the draft plan the subject of any ministerial direction under subsection (3) ) that, in his or her opinion, fails to adequately take account of any of the matters specified in section 15 (1) . (5) The housing authority shall, having taken account of the directions of the Minister (if any) under subsection (3) and the F14 [ chief executive ] under subsection (4) , adopt the housing services plan, with or without modification, within 6 weeks after the submission of the F14 [ chief executive ] ’s report. (6) The housing authority shall— ( a ) give a copy of the housing services plan to the Minister as soon as practicable after it is adopted, ( b ) make the housing services plan available for inspection on request by any person, without charge, at its offices and such other places as it considers appropriate, during normal office hours, ( c ) on request by any person, provide a copy of the housing services plan at a price not exceeding the reasonable cost of reproduction, and ( d ) publish and maintain a copy of the housing services plan on the Internet for the period of the plan. 17 .— (1) Where the F15 [ chief executive ] considers that there has been a change in any of the matters specified in section 15 (1) that significantly affects the housing services plan, including any adjustment of a housing strategy pursuant to F16 [ section 57 of the Planning and Development Act 2024 ] , the F15 [ chief executive ] shall submit a report on the matter to the members of the housing authority and, where the F15 [ chief executive ] considers it necessary and appropriate, he or she may recommend that the housing services plan be varied accordingly and the housing authority may, having taken account of any such recommendations, as it considers appropriate, decide to vary the plan or part or parts thereof accordingly. (2) Where the Minister considers that there has been a change in circumstances that significantly affects all or any part or parts of one or more than one housing services plan, he or she may give a direction requiring the housing authority or authorities concerned to vary the plan or plans or part or parts thereof accordingly and the housing authority or authorities, as the case may be, shall comply with any such direction. (3) Section 16 applies to the variation of a plan as it applies to the preparation and adoption of a plan, with any necessary modifications. 18 .— (1) The F17 [ chief executive ] shall, from time to time, in such form and for such period as the Minister may direct, prepare a programme (in this Act referred to as a “housing action programme”) for implementation of the housing services plan. (2) A housing action programme shall— ( a ) take account of the financial resources available for the period to which the programme relates, and ( b ) include such matters as the Minister may specify in a direction given under subsection (1) , including (except in the case of the first housing action programme) a review of progress made in the implementation of the housing services plan during the period of the previous housing action programme. (3) The F17 [ chief executive ] shall provide a copy of the housing action programme to the Minister F17 [ , the members of the housing authority and the members of any borough council or town council situated in the administrative area of the housing authority ] . PART 2 FUNCTIONS OF HOUSING AUTHORITIES – Chapter 3 Social Housing Support 19 .— (1) A housing authority may, in accordance with the Housing Acts 1966 to 2009 and regulations made thereunder, provide, facilitate or manage the provision of social housing support. (2) Without prejudice to the generality of subsection (1) , social housing support may include all or any of the following: ( a ) dwellings provided by a housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , other than affordable housing; ( b ) dwellings provided by an approved body; F18 [ ( bb ) providing housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014; ] F19 [ ( c ) the sale of a dwelling under section 90 of the Principal Act or Part 3 or 4 , or the sale of a house under Part 3 of the Housing (Miscellaneous Provisions) Act 2014; ] ( d ) entering into and maintaining rental accommodation availability agreements; ( e ) the provision of sites for caravans referred to in section 13 of the Act of 1988 and any accommodation provided to travellers under the Housing (Traveller Accommodation) Act 1998 ; ( f ) the provision of sites for building purposes under section 57 of the Principal Act. (3) A housing authority may, in accordance with the Housing Acts 1966 to 2009 and regulations made thereunder, for the purposes of providing social housing support to households, whether provided on a permanent or temporary basis— ( a ) purchase, build, lease or otherwise acquire dwellings or sites, ( b ) convert buildings, and ( c ) refurbish dwellings. (4) In performing its functions under subsections (2) and (3) a housing authority shall have regard to its housing services plan and the need to— ( a ) counteract undue segregation in housing between persons of different social backgrounds, and ( b ) ensure that a mixture of dwelling types and sizes and of classes of tenure is provided to reasonably match the requirements of households. (5) A housing authority may, with the approval of the Minister, enter into a public private partnership arrangement for the performance of its functions under subsection (1) . (6) F20 [ … ] 20 .— F22 [ (1) For the purposes of this section "household" means — ( a ) a person who lives alone, ( b ) 2 or more persons who live together, or ( c ) 2 or more persons who do not live together but who, in the opinion of the housing authority concerned, have a reasonable requirement to live together. ] (2) Where a household applies for social housing support, the housing authority concerned shall, subject to and in accordance with regulations made for the purposes of this section, carry out an assessment (in this Act referred to as a “social housing assessment”) of the household’s eligibility, and need for, social housing support for the purposes of determining— ( a ) whether the household is qualified for such support, and F23 [ ( b ) an appropriate form of such support for that household. ] F24 [ (3) A housing authority may carry out a social housing assessment in respect of a household where a household member is in receipt of a supplement under section 198 (3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable in respect of his or her residence. ] (4) The Minister may make regulations providing for the means by which the eligibility of households for social housing support shall be determined including, but not necessarily limited to, the following: ( a ) the maximum income threshold based on a household comprising one person; ( b ) the methodology according to which the threshold referred to in paragraph (a) shall be adjusted for households comprising more than one person; ( c ) the manner in which a housing authority shall set the income threshold, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, which in any case shall not be more than the maximum income threshold referred to in paragraph (a) ; ( d ) the procedures to be applied by a housing authority for the purposes of determining a household’s eligibility by reference to income; ( e ) the availability to the household of alternative accommodation that would meet its housing need; ( f ) social housing support previously provided by any housing authority to the household which may be taken account of by a housing authority in making a determination as to F25 [ an appropriate form ] of social housing support for that household; ( g ) the period for which a household F26 [ member ] is required to be in receipt of the supplement referred to in subsection (3) . F27 [ (4A) ( a ) Where, due to the circumstances of a particular case, a housing authority is unable to establish for the time being whether alternative accommodation is available to a household that would meet the household ’ s housing need, the authority may, subject to the other provisions of this section, determine that the household is qualified for the forms of social housing support specified in paragraphs (bb) and (d) of section 19(2) of the Act of 2009 . ( b ) A determination under paragraph (a) shall be reviewed by the housing authority at intervals prescribed for the purposes of this section. ( c ) A household to which paragraph (a) relates that is in receipt of a form of social housing support referred to in that paragraph is not eligible to apply for a transfer to a form of such support not referred to in paragraph (a) but, if a housing authority subsequently determines that alternative accommodation is not available to the household that would meet its housing need, then the length of time that the household was in receipt of that form of social housing support shall be reckonable, in accordance with the allocation scheme of the housing authority, for the purposes of an application by the household for a transfer to another form of social housing support. ] F28 [ (5) ( a ) Subject to paragraph (b) , a household shall not be eligible for social housing support where — (i) at any time during the 3 years immediately before the carrying out of the social housing assessment, the household or a member of his or her household was in arrears of rent, rent contributions, charges, fees or loan repayments or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relates, and (ii) the household or the member concerned has not entered into rescheduling arrangements with the housing authority or approved body concerned for the payment of such arrears, or, having entered into such arrangements, has not, in the opinion of the authority or body, substantially complied with their terms. ( b ) The failure of a household or household member to substantially comply with the terms of rescheduling arrangements shall be disregarded in any case where the housing authority or approved body concerned is satisfied that the failure was due to circumstances outside the control of such household or household member. ] F29 [ (5A) ( a ) Subject to paragraph (b) , a household in receipt of social housing support shall cease to be eligible for such support where — (i) in the preceding 3 years, the household or a household member was in arrears of rent, rent contributions, charges, fees or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relate, and (ii) the household or the member concerned has not entered into rescheduling arrangements with the housing authority or approved body concerned for the payment of such arrears, or, having entered into such arrangements, has not, in the opinion of the authority or body, substantially complied with their terms. ( b ) The failure of a household or household member to substantially comply with the terms of rescheduling arrangements shall be disregarded in any case where the housing authority or approved body concerned is satisfied that the failure was due to circumstances outside the control of such household or household member. (5B) ( a ) Where a qualified household that is entered on the record of qualified households maintained by a housing authority refuses a prescribed number of reasonable offers of a specified form of social housing support in any continuous period that is prescribed, then — (i) the household shall be ineligible for social housing support for a prescribed period after the last refusal during the said continuous period, and (ii) the prescribed period of ineligibility shall not subsequently be reckonable in any way for the purposes of determining the relative priority of that household for social housing support. ( b ) In making an offer of housing social support referred to in paragraph (a) , a housing authority may, unless it has been prescribed for the purpose of the paragraph concerned, specify a period or date within which the offer has to be accepted before it lapses and if the offer lapses it shall be deemed to be a refusal for the purposes of that subsection. ( c ) In this subsection "specified form of social housing support" means social housing support of a kind referred to in paragraph (a) , (b) or (d) of section 19(2) . ] (6) The Minister may make regulations providing for the matters by reference to which a household’s need for social housing support and the form of such support shall be determined including, but not necessarily limited to, the following: ( a ) the description and classification of household need; ( b ) the description of specific accommodation requirements according to different categories of household need; ( c ) the description of accommodation need based on the composition of the household. (7) The Minister may make regulations in relation to the carrying out of social housing assessments, including, but not necessarily limited to, the following: ( a ) the form and manner in which a social housing assessment shall be carried out; ( b ) the period within which an application for social housing support shall be dealt with by a housing authority; ( c ) notification by the housing authority of the making of a decision in respect of an application for social housing support; ( d ) the frequency of reviewing and updating assessments. (8) In carrying out a social housing assessment under this section, a housing authority may disregard the accommodation the household is occupying where the authority has reason to believe that the household, or any member of it, has deliberately or without good and sufficient reason done or failed to do anything (other than an action or omission in good faith) in consequence of which the accommodation the household is so occupying is less suitable for its adequate housing than other accommodation which it would have been, or would be, reasonable for the household to occupy. (9) A household in receipt of social housing support referred to in section 19 (2) (b) , before the coming into operation of this section, is deemed to have been assessed and qualified for such social housing support under this section. F30 [ (10) A housing authority shall not be required to carry out a social housing assessment in respect of a household in receipt of social housing support that is seeking to transfer to, or to avail of, another form of social housing support. ] 21 .— A housing authority shall— ( a ) for the purposes of preparing an estimate under F31 [ section 242(6)(a) of the Planning and Development Act 2024 ] of the amount of housing required for households assessed under section 20 as being qualified for social housing support, ( b ) when preparing a draft housing services plan under section 16 , ( c ) when preparing an accommodation programme under section 7 of the Housing (Traveller Accommodation) Act 1998 , or ( d ) as the Minister may from time to time direct, prepare a summary, in the prescribed form, of the social housing assessments carried out in its administrative area. 22 .— (1) This section applies to— ( a ) dwellings provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 — (i) of which a housing authority is the owner, or (ii) of which the housing authority is not the owner and which are provided under a contract or lease between the housing authority and the owner concerned, including rental accommodation availability agreements, and ( b ) dwellings owned and provided by approved bodies to whom assistance is given under section 6 of the Act of 1992 for the purposes of such provision. (2) A housing authority may allocate a dwelling under this section to a household in accordance with a scheme made under subsection (3) . (3) A housing authority shall, not later than one year after the coming into operation of this section, in accordance with this section and any regulations made thereunder, make a scheme (in this Act referred to as an “allocation scheme”) determining the order of priority to be accorded in the allocation of dwellings to— ( a ) households assessed under section 20 as being qualified for social housing support, and ( b ) households, in receipt of social housing support, that have applied to the housing authority to transfer to another dwelling or to purchase a dwelling under Part 3 and the housing authority consents to the transfer, or purchase, as the case may be. (4) The Minister may make regulations providing for the matters to be included in an allocation scheme, including the following: ( a ) the manner in which dwellings, or different categories of dwellings, are allocated to households; ( b ) the order or priority in accordance with which dwellings are allocated under the allocation scheme; ( c ) the conditions relating to refusals by a household of reasonable offers of social housing support offered in accordance with an allocation scheme by reference to the availability of social housing support in the administrative area concerned, the number of offers made to, and refusals made by, a household and the period during which those offers and refusals are made. (5) Having regard to section 19 (4) , a housing authority shall make provision in its allocation scheme for the proportion of dwellings in any part or parts of its administrative area which may be reserved for all or any of the following purposes: ( a ) allocation to particular classes of household; ( b ) particular forms of tenure; ( c ) allocation to households transferring from other forms of social housing support. (6) An allocation scheme may include conditions subject to which the preference of a household to reside in a particular area or areas may be taken into account in allocating a dwelling to such a household, including, but not necessarily limited to, conditions relating to— ( a ) whether the household or any member of it currently resides, or at any time has resided, and for what period, in the area or areas concerned, ( b ) the distance of the area or areas from the place of employment of any member of the household, ( c ) whether any members of the household are attending any university, college, school or other educational establishment in the area or areas concerned, and ( d ) whether any relatives of any member of the household reside in the area or areas concerned. (7) Notwithstanding the generality of subsection (2) , a housing authority may disregard the order of priority given to a household under an allocation scheme where the household is being provided with social housing support— ( a ) in a dwelling let to the household under a Chapter 4 tenancy agreement having been assessed under section 20 (3) , or ( b ) arising from specified exceptional circumstances, including displacement by fire, flood or any other emergency, development, redevelopment or regeneration of an area by the housing authority, or exceptional medical or compassionate grounds. (8) An allocation scheme may provide that the housing authority shall obtain and have regard to a report from a medical practitioner employed by the Health Service Executive in the allocation of dwellings where priority is claimed on grounds consisting of, or including, exceptional medical grounds. (9) A housing authority may from time to time review its allocation scheme and, as it considers necessary and appropriate, amend the scheme or make a new scheme. (10) The making of an allocation scheme, or the amendment to such a scheme, are reserved functions. (11) The allocation of a dwelling to a household is an executive function. (12) The F32 [ chief executive ] shall— ( a ) prepare and submit to the members of the housing authority not later than 30 April in each year a written report on allocations made under its allocation scheme by specifying the different categories of dwellings and households and the proportions of each such category, by reference to the total number of such allocations in the preceding year, and ( b ) provide a copy of the report prepared under paragraph (a) to the Minister, if the Minister requests such a copy. (13) Notwithstanding the repeal by this Act of section 11 of the Act of 1988, a scheme of priorities made by a housing authority under that section and in force immediately before the coming into operation of this section continues to have effect after such coming into operation and is deemed to have been made under this section until an allocation scheme under this section comes into force. (14) A housing authority shall make a copy of its allocation scheme available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours. (15) Before making or amending an allocation scheme, a housing authority shall provide a draft of the scheme or amendment to the scheme, as the case may be, to the Minister, who may direct the housing authority to amend the draft scheme or draft amendment, and the housing authority shall comply with any such direction within such period as may be specified by the Minister. (16) The Minister may, as he or she considers necessary and appropriate, direct a housing authority to amend an allocation scheme, in such manner as he or she may direct, and the housing authority shall comply with any such direction within such period as may be specified by the Minister. (17) ( a ) The Minister may issue directions to a housing authority regarding the operation of an allocation scheme and the housing authority shall comply with any such direction in operating the scheme. ( b ) Nothing in paragraph (a) shall be construed or operate to enable the Minister to direct the allocation of a dwelling to a specific household. PART 2 FUNCTIONS OF HOUSING AUTHORITIES – Chapter 4 Rental Accommodation Arrangements 23 .— In this Chapter— “Act of 2004” means the Residential Tenancies Act 2004 ; “authorised agent” has the same meaning as in the Act of 2004; “dwelling to which this Chapter applies” means a dwelling which is the subject of a rental accommodation availability agreement; “qualified tenant” means a household assessed under section 20 as being qualified for social housing support; “rental accommodation availability agreement” has the meaning given to it by section 24 and references to “availability agreement” shall be construed accordingly; “rental accommodation provider” means a person who makes a dwelling, of which he or she is the owner, available under a rental accommodation availability agreement for the purposes of letting to a qualified tenant in accordance with this Chapter, and references to “provider” shall be construed accordingly; “rent contribution” has the meaning given to it by section 25 . 24 .— (1) Subject to such regulations as may be made for the purposes of this section and such terms and conditions as may be prescribed, a housing authority may, by order of the F34 [ chief executive ] , enter into an agreement (in this Act referred to as a “rental accommodation availability agreement”) with a rental accommodation provider pursuant to the terms and conditions of which availability agreement the provider agrees to— ( a ) make the dwelling available for a specified period for the purposes of this Chapter, and ( b ) let the dwelling pursuant to a tenancy agreement— (i) to such qualified tenant as the housing authority may from time to time allocate to the tenancy in accordance with section 22 , or to the housing authority, or (ii) to the qualified tenant specified in the availability agreement, in consideration of which availability agreement and subject to the terms and conditions thereof and the tenancy agreement, the housing authority guarantees the payment of the rent specified in the tenancy agreement and agrees to pay any other moneys, payable by the housing authority, specified in the availability agreement or the tenancy agreement, as the case may be. (2) A housing authority shall not enter into a rental accommodation availability agreement unless the provider— ( a ) satisfies the housing authority, in accordance with regulations made for the purposes of this section, that the dwelling complies with any standards for dwellings for the time being prescribed under section 18 of the Act of 1992, and ( b ) gives to the housing authority— (i) his or her tax reference number within the meaning of section 888 of the Taxes Consolidation Act 1997 , and (ii) a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997 . (3) A rental accommodation availability agreement shall be in writing and shall include the following information— ( a ) the address of the dwelling, ( b ) the name and address for correspondence of the provider and of the housing authority, ( c ) the name and address for correspondence of the provider’s authorised agent (if any), ( d ) if the provider or his or her authorised agent, as the case may be, is a company, the registered number and registered office of the company, ( e ) a description of the dwelling, indicating— (i) the estimated floor area, (ii) the number of bed spaces, (iii) a statement as to which of the following categories it belongs, namely, a whole or part of a house, a maisonette, an apartment or a flat and, where it is within the category of a house or maisonette, an indication as to whether the house or maisonette is detached, semi-detached or terraced, and (iv) the number of bedrooms, and ( f ) the term of the availability agreement. (4) An availability agreement shall include terms and conditions relating to— ( a ) the payment of the rent and any other moneys, payable by the housing authority, specified in the tenancy agreement, ( b ) the responsibility of the provider in relation to any works to be carried out, as are necessary to ensure that the dwelling complies with the standards for dwellings for the time being prescribed under section 18 of the Act of 1992, before the commencement of the tenancy or where there is more than one tenancy during the term of the availability agreement, before each such tenancy, ( c ) the registration by the provider under Part 7 of the Act of 2004 of the tenancy or each tenancy entered into during the term of the availability agreement, ( d ) such access as may reasonably be required by officers or agents authorised by the housing authority for the purposes of inspection of the dwelling during the term of the availability agreement, ( e ) termination of the availability agreement by the housing authority or the provider, as the case may be, and ( f ) such other matters as the housing authority considers necessary and appropriate relating to the standard of the accommodation concerned. (5) The Minister may make regulations for the purposes of this section providing for, but not necessarily limited to, the following: ( a ) the manner in which a provider shall satisfy the housing authority for the purposes of subsection (2) (a) , including by the provision of a certificate of compliance; ( b ) the class or classes of persons who may provide a certificate of compliance referred to in paragraph (a) ; ( c ) the information to be provided by a provider to the housing authority before entering into an availability agreement including information relating to the provider, his or her authorised agent (if any) and the dwelling concerned; ( d ) in relation to the termination of an availability agreement by the housing authority or the provider— (i) the terms and conditions relating to, and procedures for, termination, (ii) the grounds on which an availability agreement may be terminated, (iii) the giving of notice and notice periods, and (iv) the procedure for resolution of any dispute arising from the proposed termination of the availability agreement including appeal procedures, and ( e ) the period within which a provider shall serve a notice of termination on a qualified tenant pursuant to section 25 (6) . 25 .— (1) A housing authority may allocate a dwelling to which this Chapter applies to a qualified tenant in accordance with section 22 . (2) The provider shall, subject to the terms and conditions of the rental accommodation availability agreement enter into a tenancy agreement (in this Act referred to as a “ Chapter 4 tenancy agreement”) with the qualified tenant to whom the dwelling concerned is allocated. (3) A dwelling to which this Chapter applies which is the subject of a Chapter 4 tenancy agreement shall not be construed as a dwelling let by or to a public authority for the purposes of section 3(2) (c) of the Act of 2004. (4) A Chapter 4 tenancy agreement shall be in writing, for such period as may be specified therein, and shall include the following particulars relating to the parties to the tenancy, the tenancy and the dwelling concerned: ( a ) the address of the dwelling; ( b ) the name of the tenant; ( c ) the name and address for correspondence of the provider and of the housing authority; ( d ) the name and address for correspondence of the provider’s authorised agent (if any); ( e ) if the provider or his or her authorised agent, as the case may be, is a company, the registered number and registered office of the company; ( f ) a description of the dwelling; ( g ) the date of commencement of the tenancy; ( h ) where the tenancy is for a fixed term, the period of that term. (5) A Chapter 4 tenancy agreement shall, in addition to the obligations imposed under Part 2 of the Act of 2004, include terms and conditions relating to— ( a ) occupation of the dwelling, ( b ) the payment by the qualified tenant to the housing authority of an amount specified in the tenancy agreement (in this Act referred to as the “rent contribution”) at such times as may be specified therein, and ( c ) termination of the tenancy for— (i) failure to pay the rent contribution in accordance with the terms and conditions of the tenancy agreement, (ii) breach of the terms and conditions relating to occupation of the dwelling under paragraph (a) , or (iii) knowingly permitting a person, against whom an excluding order under section 3 of the Act of 1997 or an interim excluding order under section 4 of that Act is in force in respect of the dwelling concerned, to enter the dwelling in breach of the excluding order or interim excluding order, as the case may be. (6) ( a ) Where a qualified tenant does any of the things specified in subsection (5) (c) , he or she shall have failed to comply with the obligations of the tenancy for the purposes of section 67 of the Act of 2004. ( b ) Where it comes to the notice of the housing authority that a tenant is doing or has done any of the things specified in subsection (5) (c) or is or was behaving in a way that is anti-social in breach of the obligation specified in section 16 (h ) of the Act of 2004, the housing authority may notify the provider in writing regarding the failure to comply with the said obligations. ( c ) A provider, having received notification from the housing authority under paragraph (b) , shall, within such period as may be prescribed under section 24 (5) (e) , if the provider has not already done so under section 67 of the Act of 2004, serve a notice of termination on the qualified tenant in accordance with subsection (2) of the said section 67. (7) Where a provider serves a notice of termination on a qualified tenant pursuant to a notice from a housing authority under subsection (6) (b) , the provider shall give a copy of the notice to the housing authority as soon as practicable thereafter. (8) Where the provider intends to serve notice of termination on a qualified tenant in accordance with the terms and conditions of the tenancy agreement, other than pursuant to a notice from the housing authority under subsection (6) (b) , the provider shall give notice in writing to the housing authority not less than 14 days before serving the notice of termination on the qualified tenant. (9) Where the housing authority intends to apply to the District Court for an excluding order against a person under section 3(2) of the Act of 1997, in respect of a dwelling the subject of a Chapter 4 tenancy agreement, the housing authority shall give notice in writing to the provider of its intention to apply not less than 14 days before making the application. (10) The rent contribution shall be determined by a housing authority in accordance with a rent scheme under section 31 . (11) A housing authority may reduce the rent contribution payable under a Chapter 4 tenancy agreement, for a specified period of the tenancy, where the costs of the accommodation to the tenant before the tenancy agreement was entered into were substantially lower than the costs under the tenancy agreement, resulting in hardship to the household. 26 .— The Minister may, subject to the prior consent of the Minister for Finance, make payments, out of moneys provided by the Oireachtas, to a housing authority in respect of some or all of the expenses, including administrative expenses, incurred by the authority by virtue of this Chapter. 27 .— Section 211 (2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal, for any of the purposes of this Chapter, of land or a dwelling by a housing authority. PART 2 FUNCTIONS OF HOUSING AUTHORITIES – Chapter 5 Management and Control Functions 28 .— (1) Subject to this section, the management and control of any— ( a ) dwelling, building, site or other land of which a housing authority is the owner, or ( b ) works or services provided by the authority under the Housing Acts 1966 to 2009 , shall be vested in and exercised by the housing authority. (2) Where a dwelling is provided by a housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , the management and control of the common areas appurtenant to and enjoyed with the dwelling are not required to be vested in the housing authority under subsection (1) . (3) Subject to this section, a housing authority may perform management and control functions in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement. (4) Subject to the Housing Acts 1966 to 2009 and regulations made thereunder, a housing authority may in respect of a dwelling or site to which subsection (1) (a) applies: ( a ) allocate the dwelling to a household in accordance with section 22 ; ( b ) specify the terms and conditions of the tenancy agreement between the housing authority and the tenant governing the letting of the dwelling in accordance with section 29 ; ( c ) specify such rent and make any other charges for the tenancy, occupation or use of the dwelling as the housing authority may determine from time to time in accordance with section 31 ; ( d ) in relation to any other building or land or works or services provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 , make such charges, whether by way of rent or otherwise, as it considers appropriate; ( e ) sell the dwelling under section 90 of the Principal Act F36 [ , Part 3 or 4 of this Act or Part 3 of the Housing (Miscellaneous Provisions) Act 2014 ] ; ( f ) carry out such works of maintenance, repair or refurbishment, or other activities, as the housing authority may consider necessary and appropriate, for the purposes of securing the proper maintenance of the dwelling or the estate in which the dwelling is situated and the good management of that estate, having regard to the objectives set out in its housing services plan. (5) Subject to the Housing Acts 1966 to 2009 and regulations made thereunder, a housing authority may, in respect of a dwelling to which subsection (3) applies, subject to the provisions of any contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement: ( a ) allocate the dwelling to a household in accordance with