Housing Act, 1988

Schemes of priorities for letting dwellings.

11.—(1) A housing authority shall, in accordance with this section and within one year of its commencement, make a scheme determining the order of priority to be accorded in the letting of dwellings, provided by the authority under the Principal Act and of which they are the owner, to persons in need of accommodation—

(a) who are, in the opinion of the authority, unable to provide accommodation from their own resources, and

(b) whose need for accommodation—

(i) has been included in the most recent assessment made by the authority under section 9 , or

(ii) has been accepted by the authority, after the making of that assessment, for inclusion in the next such assessment.

(2) A scheme under this section shall—

(a) provide that the housing authority may, from time to time, determine, as they see fit, to set aside for persons of such category or categories as the authority may decide, a particular number or proportion of the dwellings becoming available to the authority for letting;

(b) provide that the housing authority, in applying its terms to a person, may disregard the accommodation that person is occupying where the authority have reason to believe that he has deliberately or without good and sufficient reason done or failed to do anything (other than an action or omission in good faith) in consequence of which the accommodation he is so occupying is less suitable for his adequate housing than other accommodation which it would have been, or would be, reasonable for him to occupy; and

(c) make particular provision for persons in need of accommodation arising from an emergency.

(3) Where a housing authority consider that a particular dwelling available for letting should, for the time being, be included in the proportion or number of dwellings set aside for a particular category in accordance with subsection (2) (a), priority shall be accorded in the letting of that dwelling to persons of that category.

(4) A scheme made under this section may provide that the housing authority shall obtain and have regard to a report from a medical officer of health of the relevant health board established under the Health Act, 1970 , in the making of lettings of dwellings where priority is claimed on grounds consisting of, or including, medical grounds.

(5) A housing authority may from time to time review a scheme made under this section and, as they see fit, make amendments to the scheme or make a new scheme.

(6) The making of a scheme under this section, the making of an amendment to any such scheme and the making of a determination in accordance with subsection (2) (a) shall be reserved functions.

(7) A scheme under this section or an amendment to any such scheme shall be made only with the approval of the Minister.

(8) The Minister may require a housing authority—

(a) to amend a scheme submitted to him for approval in accordance with subsection (7), and

(b) from time to time, to amend a scheme made under this section,

in such manner as he may direct, and the authority shall comply with such direction within such time as may be specified by the Minister.

(9) Nothing in subsection (8) shall be construed or operate to enable the Minister to direct the letting of a dwelling to any individual person.

(10) Lettings by a housing authority of dwellings to which a scheme—

(a) under section 60 of the Principal Act, or

(b) under this section,

relates shall be in accordance with the provisions of the scheme.

(11) Notwithstanding the repeal by this Act of section 60 of the Principal Act, a scheme of priorities made by a housing authority under that section shall continue to have effect until a scheme under this section comes into force.

(12) A housing authority shall, upon request, permit a scheme made by them under this section to be inspected during office hours by any person.

(13) Subsection (1) (b) shall not apply to the making of a scheme under this section by the commissioners of a town having commissioners under the Towns Improvement (Ireland) Act, 1854 .