Housing (Miscellaneous Provisions) Act 2014

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Part 3 and amendment of Act of 2009

34. The Act of 2009 is amended—

(a) in section 10(a) by substituting the following for subparagraph (iv):

“(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;”,

(b) in section 13—

(i) by substituting in paragraph (a) “, Part 3 or 4 of this Act or Part 3 of the Housing (Miscellaneous Provisions) Act 2014” for “or Part 3 or 4”,

(ii) by inserting in paragraph (b) “or section 29 of the Housing (Miscellaneous Provisions) Act 2014” after “section 48 or 76”, and

(iii) by inserting in paragraph (d) “or section 27 of the Housing (Miscellaneous Provisions) Act 2014” after “section 47 or 75”,

(c) in section 19(2) by substituting the following for paragraph (c):

“(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) in section 20 by substituting the following for subsection (5):

“(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.”,

(e) in section 28(4)(e) by substituting “, Part 3 or 4 of this Act or Part 3 of the Housing (Miscellaneous Provisions) Act 2014” for “or Part 3 or 4”,

(f) in section 32(6) by deleting “or” in subparagraph (ii) and inserting the following after subparagraph (ii):

“(iia) the purchase of a house under Part 3 of the Housing (Miscellaneous Provisions) Act 2014, or”,

(g) in section 43(1) by substituting the following for paragraph (a) in the definition of “eligible household”:

“(a) a household assessed by a housing authority under section 20 as being qualified for social housing support, which has been allocated a dwelling to which this Part applies in accordance with an allocation scheme, and which applies to purchase the dwelling under this Part within 5 years from the date of such allocation, or”,

(h) in section 43 by substituting the following for subsection (2):

“(2) (a) A housing authority shall not proceed with the sale of a dwelling under an incremental purchase arrangement to a household referred to in paragraph (b) of the definition of ‘eligible household’ in subsection (1) where—

(i) at any time during the 3 years immediately before applying to the authority to purchase a dwelling under this Part, 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 relates, and

(ii) subject to paragraph (b), 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) In applying paragraph (a)(ii), a housing authority shall disregard the case where the authority or approved body concerned is satisfied that the failure of the household or the member concerned to substantially comply with the terms of the rescheduling arrangements was due to circumstances outside the control of such household or member.”,

(i) in section 45(2) by deleting paragraph (d),

(j) in section 64(9) by substituting the following for paragraph (a):

“(a) where—

(i) at any time during the 3 years immediately before applying to the authority to purchase an apartment under this Part, the tenant or a member of his or her household was in arrears of rent, rent contributions, charges, fees or any other moneys due and owing for an accumulated period of 12 weeks or more to a housing authority or an approved body in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relates, and

(ii) subject to subsection (9A), the tenant or the household member 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,”,

and

(k) in section 64 by inserting the following subsection after subsection (9):

“(9A) In applying subsection (9)(a)(ii), a housing authority shall disregard the case where the authority or approved body concerned is satisfied that the failure of the tenant or the household member concerned to substantially comply with the terms of the rescheduling arrangements was due to circumstances outside the control of such tenant or household member.”