First Previous (PART II Tenancies of Certain Dwellings)

6 1982

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

PART III

Rented Dwellings-Registration, Rent Books, Standards.

Registration of rented dwellings.

24. —(1) The Minister shall make regulations requiring the landlords of any class of dwelling let for rent to register the tenancy of each dwelling with the housing authority in whose functional area the dwelling is situated and to furnish such particulars as the regulations may specify, including the name and address of the landlord and of the tenant and the amount of the rent.

(2) The regulations shall contain such provisions as the Minister considers necessary for the purposes of this section.

(3) The regulations shall provide that an application to register a dwelling shall be accompanied by such fee as may be prescribed from time to time by the Minister by regulations.

(4) A housing authority shall keep a register (in this section referred to as the register) for the purposes of this section in respect of all dwellings in the functional area of the authority to which regulations under this section relate and shall make all such entries therein as may from time to time be appropriate in accordance with this section and regulations made by the Minister.

(5) The register shall be kept at the offices of the housing authority and shall be available for inspection during normal office hours.

(6) A document purporting to be a copy of an entry in the register and to be certified by an officer of the housing authority as a correct copy shall be prima facie evidence of the entry and it shall not be necessary to prove the signature of such officer or that he was in fact such officer.

(7) Evidence of an entry in the register may be given by the production of a copy thereof certified in accordance with subsection (6) and it shall not be necessary to produce the register.

(8) Where an application is made to a housing authority for a copy of an entry in the register, the copy shall be issued to the applicant on payment by him of such fee (if any) in respect of each entry as the Minister may, from time to time, prescribe by regulations.

(9) All fees received by a housing authority by virtue of regulations under this section shall be paid, in the case of a council of a county, into the county fund and, in the case of a corporation of a county or other borough or the council of an urban district, into the municipal fund.

Rent books.

25. —(1) The Minister shall make regulations requiring the landlords of any class of dwelling let for rent to provide the tenant of a dwelling of such class with a rent book or other similar document for use in respect of the dwelling.

(2) The regulations shall prescribe, in relation to the rent book or similar document—

(a) the particulars to be contained therein,

(b) requirements regarding its proper use, and

(c) such other matters as the Minister considers necessary.

Standards for rented dwellings.

26. —(1) The Minister shall make regulations prescribing standards for any class of dwelling let for rent.

(2) In particular, the regulations shall prescribe standards in relation to—

(a) the quality and condition of the accommodation, furnishings and appliances,

(b) the maintenance of the dwellings in good repair and in an adequate state of cleanliness,

(c) ventilation and lighting,

(d) the provision of water supplies, sanitary facilities and drainage,

(e) heating and cooking, and

(f) accommodation for the storage of and facilities for the preparation of food.

(3) A person authorised for the purpose by the housing authority may at all reasonable times enter and inspect any dwelling to which regulations under this section apply.

(4) Where a requirement of a regulation is not being complied with, the housing authority may, after giving not less than 21 days notice in writing to the landlord and the tenant of the dwelling concerned, carry out any work necessary to ensure that the dwelling complies with the requirements of the regulations and may recover as a simple contract debt in a court of competent jurisdiction from the landlord any expenses reasonably incurred by the authority in that behalf.

(5) A landlord upon whom a notice is served under subsection (4) may appeal to the District Court in the District Court district in which the dwelling concerned is situate to have the notice set aside and no work shall be carried out by the housing authority until the appeal is determined.

(6) Upon the coming into operation of regulations under this section relating to a class of dwelling, any bye-laws under section 70 of the Housing Act, 1966 , in force in relation to that class of dwelling shall cease to have effect and no bye-laws shall thereafter be made under that section in relation to that class of dwelling.

Offences.

27. —(1) A person who obstructs a person duly authorised under section 26 (3) and a person who contravenes a regulation under this Part shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(2) Where an offence under subsection (1) which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager or secretary of such body, that person or the person so acting, as the case may be, shall be guilty of that offence.

(3) The housing authority shall be responsible for the enforcement of regulations under this Part.

(4) An offence under this section may be prosecuted by the housing authority.

(5) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this section may be instituted at any time within twelve months after the date of the offence.