S.I. No. 47/1950 - Housing (Management and Letting) Regulations, 1950.

S.I. No. 47 of 1950.

HOUSING (MANAGEMENT AND LETTING) REGULATIONS, 1950.

The Minister for Local Government in exercise of the powers conferred on him by the Housing (Amendment) Act, 1948 , and of all other powers enabling him in that behalf, hereby makes the following regulations :—

PART I. PRELIMINARY AND GENERAL.

1 Citation.

1. These regulations may be cited as the Housing (Management and Letting) Regulations, 1950.

2 Definitions.

2. In these regulations :—

The expression " the Minister " means the Minister for Local Government ;

the expression " reserved house " means a dwelling provided by a housing authority under Section 30 of the Housing (Amendment) Act, 1948 (No. 1 of 1948) ;

the word " house " means a dwelling (not being a reserved house) provided by a housing authority under the Housing of the Working Classes Acts, 1890 to 1948 ;

the word " cottage " means a dwelling (other than a dwelling vested in a person pursuant to the Labourers Act, 1936 (No. 24 of 1936)) provided by a county council under the Labourers Acts, 1893 to 1948, and shall include any plot or garden attached thereto ;

the expression " premises provided by a housing authority " includes a house, cottage or reserved house erected or acquired by a housing authority ;

the expression " member of the special class " means a person with a family living in a one-roomed dwelling where :—

(a) one or more than one member of the family is suffering from tuberculosis, or

(b) one or more than one member of the family (exclusive of the parents) has attained the age of sixteen years, or

(c) the dwelling has been condemned as being unfit for human habitation ;

the expression " displaced person " means a person displaced or about to be displaced by the collapse or destruction of his dwelling or by any operation of a housing authority under the Housing of the Working Classes Acts, 1890 to 1948, Section 75 to 78 of the Towns Improvement Clauses Act, 1847, as incorporated with any enactment, Section 20 of the Dublin Improvement Acts Amendment Act, 1864, or Part II of the Dublin Corporation Act, 1890 ;

the expression " chief medical officer " means a county medical officer for a county or a city medical officer for a county borough and

the expression " housing authority " means :—

(a) the corporation of a county or other borough ;

(b) the council of a county ;

(c) the council of an urban district and

(d) the commissioners of a town.

3 Application of regulations relating to reserved houses.

3. In so far as they relate to reserved houses these regulations shall apply to every housing authority for the time being empowered under the Act to provide reserved houses.

4 Revocations.

4. The following are hereby revoked :—

(a) Sub-article (5) of Article 4 of the Housing (Loan Charges Contributions) Regulations, 1932 ( S. R. & O. No. 96 of 1932 ) ;

(b) Sub-article (3) of Article 2 of the Housing (Loan Charges Contributions) (Amendment) Regulations, 1938 ( S. R. & O. No. 26 of 1938 ).

5 Inspection and Repair of Premises.

5.—(1) Every housing authority shall make arrangements for the inspection, from time to time, of premises provided by them, and shall obtain and consider reports from rent collectors and any other officers to whom duties under this Article are assigned regarding the state of repair of the premises, the manner in which the premises are maintained by the tenants, and any breaches, non-performance or non-observance of any provisions of letting agreements on the part of the tenants.

(2) Every housing authority shall keep any premises provided by them in tenantable condition and repair and shall have any necessary repairs carried out as expeditiously as possible.

6 Instruction in care of equipment and appliances.

6. A housing authority may, and shall if so required by the Minister, arrange for affording instruction and advice to the tenants of premises provided by them, on the care and management of cooking and heating appliances and other equipment and on such other matters as the housing authority or the Minister may, from time to time, deem necessary.

7 Rent of Premises.

7.—(1) The rent of any premises provided by a housing authority shall not exceed such sum as may from time to time be approved by the Minister together, where appropriate, with such increase in respect of rates as may be required by Section 9 of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928).

(2) Where a differential rent scheme approved by the Minister applies to any premises provided by a housing authority, the housing authority may, from time to time, reduce or increase the rent of such premises in accordance with such scheme.

(3) In determining the rent to be charged for any premises provided by them and in increasing or reducing the rent of any such premises, a housing authority may take into account

(a) the financial circumstances of the tenant or proposed tenant ;

(b) the aggregated capital cost of all premises or a particular class or classes of premises provided by them, and

(c) the annual costs of administration.

(4) In this Article the word " rent " means rent exclusive of rates.

8 Provisions to be included in letting agreements.

8.—(1) Every letting agreement of premises provided by a housing authority shall provide that :—

(a) the tenancy shall be a weekly tenancy ;

(b) the rent shall be paid promptly and at regular intervals ;

(c) the tenancy may be terminated at any time on the giving of one week's notice by the tenant or housing authority ;

(d) the tenant shall not assign or sublet or subdivide or part with the possession of the premises or any part thereof, or allow any part thereof to be occupied by a lodger, or (in the case of a cottage) make any letting in con-acre ; provided that the tenant of a house or cottage may, with the consent of the housing authority, exchange his tenancy of a house or cottage for the tenancy of another house or cottage provided by the said housing authority ;

(e) the tenant shall not, save with the permission of the housing authority, cease to reside in the premises for more than six weeks in any period of fifty-two weeks ;

(f) the premises shall not be used as a shop, workshop or factory, and shall be used only as a dwelling house ;

(g) the tenant shall not cause any damage to the premises and shall keep the premises in a clean and proper state, and shall not cause any nuisance or allow any refuse or offensive matter to accumulate in any portion thereof ;

(h) the tenant shall not execute any additions, alterations, improvements or other works in or in relation to the premises, or erect any shed, out-office or other building without the permission of the housing authority ;

(i) the tenant shall keep the windows of the premises and the fences of the garden or plot in repair ;

(j) authorised officers of the housing authority shall be allowed to enter and inspect the premises at all reasonable times ;

(k) the tenant shall, on the termination of the tenancy, peaceably and quietly deliver up possession of the premises to the housing authority ;

(l) the housing authority shall have a right to re-enter upon and resume possession of the premises for breach, non-performance or non-observance of any of the provisions of the letting agreement ;

(m) notice to quit may be served by the housing authority on the tenant either personally or by leaving the same with some person being in occupation of the premises or by leaving same at the premises.

(2) In addition to the matters specified in the preceding sub-article, every letting agreement of a reserved house may provide that the tenant shall pay rent in advance in respect of a period not exceeding six weeks.

(3) Every letting of a cottage shall be made in pursuance of and subject to the provisions of Section 13 of the Labourers (Ireland) Act, 1883, and the enactments incorporated therewith and amending the same.

9 Departures rom Regulations.

9. The Minister may assent to any departure from these regulations, either absolutely or subject to specified conditions.

PART II. MANAGEMENT AND LETTING OF HOUSES (OTHER THAN RESERVED HOUSES) AND COTTAGES.

10 Letting of houses (other than reserved houses).

10.—(1) In making the first or any subsequent letting of a house, the housing authority shall have regard to the character, industry, occupation, family circumstances and existing housing conditions of the applicants and subject thereto—

(a) first preference shall, wherever practicable, be given to an applicant who is a person displaced from a reserved house ;

(b) second preference shall, wherever practicable, be given to an applicant who is a member of the special class ;

(c) third preference shall, wherever practicable, be given to an applicant who is a displaced person.

(2) For the purposes of this Article, a person shall be deemed to be displaced from a reserved house only when—

(a) he is lawfully in possession of a reserved house and

(b) he has lawfully and, in the opinion of the housing authority, satisfactorily occupied the said reserved house for at least four years, and

(c) he has applied to the housing authority for a house and

(d) he has not been offered by the housing authority an extension of his letting.

11 Letting of Cottages.

11. In making the first and any subsequent letting of a cottage the housing authority shall have regard to the character, industry, occupation, family circumstances and existing housing conditions of the applicants and subject thereto—

(a) first preference shall, wherever practicable, be given to an applicant who is—

(i) a person normally engaged in doing agricultural work for hire on the land of some other person and whose principal means of living is such work, or

(ii) a man normally engaged in doing agricultural work on the land of a relative with whom he resides, or

(iii) a herdsman ;

(b) second preference shall, wherever practicable, be given to an applicant who is a member of the special class ;

(c) third preference shall, wherever practicable, be given to an applicant (not being a member of the special class) who has a family and who lives in a dwelling which has been condemned as unfit for human habitation ;

(d) fourth preference shall, wherever practicable, be given to an applicant who has a family and whose existing accommodation is insufficient.

12 Report from Chief Medical Officer.

12. For the purpose of determining the order of priority within a class of applicants to which preference is required to be given by Articles 10 and 11 of these regulations, the housing authority shall obtain and have regard to a report and recommendation from the chief medical officer.

PART III. RESERVED HOUSES.

13 Application of this Part of these Regulations.

13. This Part of the Regulations shall apply only to reserved houses.

14 Determination of number of reserved house.

14. The number of reserved houses to be provided by a housing authority shall be such number as the housing authority shall, from time to time, with the approval of the Minister determine in respect of their functional area.

15 Scheme for provision of reserved houses.

15. No expense liability shall be incurred by a housing authority in or in connection with the provision of reserved houses except in pursuance of a scheme for such houses which has been made by the housing authority and approved by the Minister under these regulations.

16 Form of Scheme.

16. A scheme for the provision of reserved houses shall be in such form as may, from time to time, be approved by the Minister.

17 Type of house to be provided as reserved house.

17. The type of reserved house to be provided for in a scheme shall be in general accordance with the requirements of the Schedule to these regulations.

18 Selection of tenants for reserved houses.

18. Tenants for reserved houses shall be selected in accordance with the following rules:—

(a) A letting of a reserved house shall be made only to a man who has applied therefor, and who produces to the housing authority satisfactory evidence of having married within a period of two years prior to the date of the said letting.

(b) In selecting a tenant for a reserved house regard shall be had to the character, industry, occupation, family circumstances and existing housing conditions of the applicants.

(c) Where a number of applicants for a reserved house are, in the opinion of the housing authority, equally entitled to be selected as tenants, the tenant shall be selected from amongst such applicants by lot.

19 Tenant not to continue in occupation after certain period.

19. A tenant of a reserved house shall not ordinarily be allowed continue in occupation of the house for more than five years.

GIVEN under the Official Seal of the Minister for Local Government this Twenty-second day of February, One Thousand Nine Hundred and Fifty.

(Signed) MICHAEL J. KEYES,

Minister for Local Government.

Article 17.

SCHEDULE.

TYPE OF DWELLING TO BE PROVIDED AS RESERVED HOUSE.

1. Two types of reserved house (Type A and Type B), may be provided.

2. Each type shall contain at least a living room, a kitchen and two bedrooms.

3. The floor area shall not exceed

(a) in the case of a Type A reserved house, 550 square feet, and

(b) in the case of a Type B reserved house, 500 square feet.