Residential Tenancies Act 2004
Amendment of Housing (Miscellaneous Provisions) Act 1997.
197.—The Housing (Miscellaneous Provisions) Act 1997 is amended—
(a) in section 1, by—
(i) substituting “Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000 ” for “Housing Acts 1966 to 1997” in each place where those words occur, and
(ii) inserting the following definition after the definition of “housing authority”:
“ ‘relevant purchaser’ means—
(a) a person to whom a housing authority have sold a house under the Housing Acts 1966 to 2002, or
(b) a person in whom there subsequently becomes vested (whether for valuable consideration or not and including by means of inheritance) the interest of the person referred to in paragraph (a) of this definition in the house referred to in that paragraph;”,
(b) by substituting the following section for section 3:
(c) in section 3A (inserted by the Housing (Traveller Accommodation) Act 1998 ) by—
(i) substituting in subsection (2) the following paragraph for paragraph (a):
“(a) having consulted the authorised person concerned and the health board in whose functional area the site is situate, believe that such authorised person—
(i) may be deterred or prevented by violence, threat or fear from pursuing an application for a site excluding order, or
(ii) does not intend, for whatever other reason, to make such an application,
(ii) substituting in subsection (3) the following paragraph for paragraph (b):
“(b) whether the respondent is or is not residing at the site—
(i) prohibit the respondent for the period during which the order is in force from entering or being in the vicinity of that site or any other specified site or being on or being in or in the vicinity of any specified site, or
(ii) prohibit the respondent, during the said period, from doing all or any of the things referred to in subparagraph (i) save where specified conditions are complied with.”,
(d) by substituting the following sections for section 4:
(e) by substituting the following section for section 9:
“9.—(1) Where an excluding order or interim excluding order has been made, the tenant, the relevant purchaser or the housing authority, as appropriate, or the respondent may apply to the court that made the order to have the order discharged and thereupon the court shall discharge the order if it is of the opinion that, in all the circumstances, it is appropriate to do so.
(2) For the purposes of this section and section 3(5), an order made by a court on appeal from another court shall be treated as if it had been made by that other court.”,
(f) in section 14, by inserting the following subsections after subsection (3):
“(4) Notwithstanding anything contained in the enactments specified in subsection (5), a housing authority may refuse to sell or lease a dwelling to a person where the authority considers that the person is or has been engaged in anti-social behaviour or that a sale or lease to that person would not be in the interest of good estate management.
(5) The enactments mentioned in subsection (4) are:
(d) Part V of the Planning and Development Act 2000 .”.