Housing (Miscellaneous Provisions) Act, 1931

Recovery of possession of buildings subject to a clearance or demolition order.

33.—(1) Where a clearance order or a demolition order has become operative, the local authority shall serve on the occupier of any building or any part of any building to which the order relates a notice stating the effect of the order and specifying the date by which the order requires the building to be vacated and requiring him to quit the building before the said date or before the expiration of twenty-eight days from the service of the notice, whichever may be the later; and if at any time after the date on which the notice requires the building to be vacated any person is in occupation of the building, or of any part thereof, the local authority or any owner of the building may make complaint to a court of summary jurisdiction and thereupon the court shall by their warrant which shall have the same effect as a warrant under section eighty-six of the Landlord and Tenant Law Amendment Act, Ireland, 1860 , order vacant possession of the building or of the part thereof to be given to the complainant within such period not being less than two weeks nor more than four weeks as the court may determine.

(2) Any expenses incurred by a local authority under this section in obtaining possession of any building or of any part of a building may be recovered by them summarily before a court of summary jurisdiction from the owner of the building or, if there is more than one owner, from the owners thereof and the provisions of sub-sections (2), (4) and (5) of section 8 of this Act shall apply in relation to any such expenses in like manner as those provisions apply in relation to expenses incurred by a local authority under that section.

(3) Any person who, knowing that a clearance order or a demolition order has become operative and applies to any building, enters into occupation of that building, or of any part thereof, after the date by which the order requires that building to be vacated, or permits any other person to enter into such occupation after that date, shall be liable on summary conviction to a fine not exceeding twenty pounds and to a further penalty of five pounds for every day, or part of a day, on which the occupation continues after such conviction.