S.I. No. 12/2000 - Housing (Registration of Rented Houses) (Amendment) Regulations, 2000.

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 5 of the Housing Act, 1966 (No. 21 of 1966), as amended by section 24 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992), and by section 20 of the Housing (Miscellaneous Provisions) Act, 1992 , which powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ), I, Robert Molloy, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—

1. These Regulations may be cited as the Housing (Registration of Rented Houses) (Amendment) Regulations, 2000.

2. The Housing (Registration of Rented Houses) Regulations, 1996 ( S.I. No. 30 of 1996 ) are hereby amended by the deletion of Article 4 thereof and the substitution therefor of the following article:—

“4. (1) Subject to sub-articles (2) and (3), these Regulations shall apply to every house let for rent or other valuable consideration solely as a dwelling.

(2) These Regulations shall not apply where the owner can show, to the satisfaction of the authority, that a house in not let for rent or other valuable consideration.

(3) These Regulations shall not apply where the landlord can show, to the satisfaction of the authority, that the house—

(a) is let to a person only for the purpose of conferring on that person the right to occupy the house for a holiday,

(b) is let by a Minister of the Government, a housing authority, a health board, an approved body or the Shannon Free Airport Development Company Limited,

(c) is let to a person who is pursuing, or who intends to pursue, a course of study given by a recognised educational institution and the house is provided either by that institution or by another specified institution or body of persons approved of by the Minister for Education and Science,

(d) is let to the father, mother, grandfather, grandmother, step-father, step-mother, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, uncle, aunt, nephew, niece, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother or half-sister of the landlord, or a person adopted by the landlord under the Adoption Acts, 1952 to 1998,

(e) is part of a building or within the curtilage of a house in which the landlord is normally resident and there are not more than two houses within the building or curtilage, or

(f) is a dwelling to which Part II of the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982) applies.

(4) In sub-article (3)(b) ‘approved body’ means—

(a) a body standing approved of under section 6 of the Act of 1992,

or

(b) a voluntary body standing approved of by the Minister for Health and Children or by a health board for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder.

(4) In sub-article (3)(c) ‘recognised educational institution’ means any University, Technical College, Regional Technical College, Secondary or Technical College providing a course of study approved of by the Minister for Education and Science.”

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend Article 4 of the Housing (Registration of Rented Houses) Regulations, 1996 which deals with the application of those Regulations.