Housing Act, 1969

Recovery of instalments mentioned in section 4 (3) and expenses incurred by a housing authority under section 6 (1).

7.—(1) In case a permission under section 4 (1) is granted subject to the payment of a contribution mentioned in section 4 (3) or any expenses have been incurred by a housing authority under section 6 (1), the housing authority to whom the contribution is payable or by whom the expenses have been incurred, as the case may be, may make a demand in writing of the owner of the relevant house, or in case the house has been demolished, the site on which the house was built, for the payment of any amount payable on foot of the contribution or of the expenses, as may be appropriate, and if after the expiration of fourteen days from the date of the demand, the amount or expenses or any part thereof has or have not been paid, the sum which is unpaid and consequential expenses together with interest, at the rate of interest at which the authority can, on the date when the demand is made, borrow from the local loans fund, may, without prejudice to any other method of recovery, be recovered either in whole or in part by the authority in one or more of the following ways:

(a) by requiring the occupier of such house, or in case the house has been demolished, the land or part thereof which formerly comprised the site of the house (whether the occupation commenced before or after the sum outstanding became due) to pay to the authority any rent or payment in lieu of rent then due or thereafter to become due by him until the sum and consequential expenses outstanding with any interest due thereon is paid to the authority, or in case the house or land or any part thereof is or becomes vacant, by letting the same, until the said sum and consequential expenses are so paid, on such terms and conditions as the authority think fit, provided that the authority shall serve on the owner of the house or site not less than twenty-one days' notice either, as may be appropriate, of their intention to require the occupier to pay to them any rent or other payment so due, or of the terms and conditions upon which they propose so to let the house, site or part or of any variation which they propose to make in such terms and conditions;

(b) by making an order (in this section referred to as a charging order) charging the house, or in case the house has been demolished, the site on which the house was built, and, at the discretion of the housing authority, all other land held therewith by the same tenure or under the same tenancy, with the sum and the consequential expenses, with interest thereon;

(c) by recovery from the owner of the house, or in case the house has been demolished, the site on which the house was built, or from the person receiving the rent of the house or site as a simple contract debt in a court of competent jurisdiction, provided that, if the person proves that he is receiving the rent merely as an agent or trustee for some other person, and has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority, his liability shall be limited to the total amount of the money which he has, or has had, in his hands as aforesaid.

(2) The service of a notice under subsection (1) (a) upon an owner shall operate to transfer to the housing authority the exclusive right to recover, receive and give a discharge for the rent or other payment payable by virtue of subsection (1) to the authority and if at any time during the period when the rent or other payment is so receivable by the authority, the owner, after being requested by the authority, refuses to execute as respects the house or the site on which the house was built, as may be appropriate, any maintenance or other works for which he as owner is liable, the authority may execute the works and any expenses incurred by the authority in executing the works shall be recoverable by the authority in like manner as the expenses mentioned in subsection (1).

(3) Subsections (4), (5), (6) and (7) of section 71, and section 72 of the Act of 1966 shall apply to a charging order in the same manner as they apply to an order made under subsection (1) (c) of the said section 71 and for that purpose references in the said subsections (4), (5), (6) and (7) and in the said section 72 to a charging order shall be construed as including references to a charging order within the meaning of this section.

(4) In calculating consequential expenses described in this section, any costs incidental to the recovery of the amount due, including costs in relation to the registration of a charging order in the Registry of Deeds or by the registering authority, shall be included by the housing authority.