Housing (Miscellaneous Provisions) Act, 1979

Duty of housing authorities in certain circumstances to put houses into good structural condition.

13.—(1) Where a housing authority propose to make a vesting order under section 17 of the Labourers Act, 1936 , or to make a transfer order under section 90 of the Principal Act vesting a house in the tenant thereof in fee simple and the house is not in good structural condition, the authority shall, subject to subsection (2) of this section, before making the order, carry out such works as are necessary to put the house into good structural condition.

(2) Where a housing authority propose to make an order described in subsection (1) of this section and the house concerned is not in good structural condition, the authority may make the order without carrying out such works as are necessary to put the house into good structural condition if the authority and the tenant of the house have entered into an agreement in writing that—

(a) the tenant shall carry out, or cause to be carried out, within a specified time after the making of the order, specified works in relation to the house, being works that in the opinion of the authority and the tenant are necessary to put the house into good structural condition,

(b) the authority shall pay to the tenant a specified sum, not exceeding the amount estimated by the authority to be the cost of the specified works, upon the completion of the works to the satisfaction of the authority within the specified time or such further time, if any, as may be allowed by the authority,

(c) the authority, upon being satisfied that the specified works have been properly completed, shall grant to the tenant a certificate stating that they are so satisfied,

(d) if the tenant fails to complete the specified works to the satisfaction of the authority within the specified time, or such further time, if any, as may be allowed by the authority, the authority shall carry out the works or such part thereof as has not been carried out and shall deduct from the sum otherwise payable by them to the tenant pursuant to paragraph (b) of this subsection the reasonable costs of any such works carried out by them,

(e) the tenant may, not earlier than the commencement of the agreement and not later than the expiration of 21 days beginning on the day on which the authority make a payment to the tenant under this section, and subject to subsection (8) of this section, apply to the Minister for a determination in relation to any doubt, dispute or question as to compliance by the authority with the terms of the agreement, and the Minister shall determine the doubt, dispute or question, and

(f) the authority shall comply with such directions, if any, as may be specified by the Minister in a determination under paragraph (e) of this subsection in relation to compliance by the authority with the terms of the agreement.

(3) Where an agreement under subsection (2) of this section is entered into by a housing authority in relation to a house, the authority, without prejudice to any other power to withhold consent, shall not, in a case where alienation of the house cannot be effected without the consent of the authority, give their consent to the alienation of the house unless they have granted a certificate as described in paragraph (c) of that subsection in relation to the house or unless the Minister has, in exercising his power under paragraph (e) of that subsection, determined that the specified works have been properly completed.

(4) A grant under section 5 or 6 of this Act shall not be paid in respect of the carrying out of works specified in an agreement under subsection (2) of this section.

(5) Where a housing authority make an order of the kind described in subsection (1) of this section, they shall, as soon as may be after the making of the order, notify the purchaser concerned of the making of the order and, where an agreement under subsection (2) of this section has not been entered into, the said notification shall include details of the rights of the purchaser under subsection (6) of this section.

(6) Where a housing authority make an order of the kind described in subsection (1) of this section, and the authority and the purchaser concerned have not entered into an agreement under subsection (2) of this section in relation to the house concerned, the purchaser may, not later than the expiration of the period of 21 days beginning on the day on which he is notified under subsection (5) of this section of the making of the order, apply to the Minister for a determination in relation to any doubt, dispute or question as to whether or not the house is in good structural condition and the Minister shall determine the doubt, dispute or question.

(7) If the Minister determines under subsection (6) of this section that a house is not in good structural condition, he shall specify the works that, in his opinion, are necessary to put the house into good structural condition, and the works so specified shall be carried out by the housing authority and neither the fact that an order of the kind referred to in subsection (1) of this section has been made in relation to the house nor the terms of the order shall be taken as preventing the works from being carried out.

(8) An application under subsection (2) or (6) of this section for a determination by the Minister shall be accompanied by a fee of such amount as may be prescribed from time to time for the purposes of this section.