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50 1931

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931

PART IV.

Miscellaneous amendments of the law relating to the housing of the working classes.

Duty of local authority to inspect their district.

29. —It shall be the duty of every local authority to cause an inspection of their district to be made from time to time with a view to ascertaining whether any dwelling-house therein is unfit for human habitation, and for that purpose it shall be the duty of the local authority and every officer of the local authority, to comply with such regulations and to keep such records as the Minister may prescribe.

Power of local authority to require information as to ownership of premises.

30. —A local authority may, for the purpose of enabling them to serve any notice (including any copy of any notice) which they are by the Housing of the Working Classes Acts authorised or required to serve, require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises, to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as owner in fee simple, mortgagee, or lessee or otherwise, and any person who, having been required by a local authority in pursuance of this section to give to them any information, fails to give that information, or knowingly makes any misstatement in respect thereof, shall be liable on summary conviction to a fine not exceeding five pounds.

Conditions to be implied on letting of house for habitation.

31. —(1) In any contract entered into after the passing of this Act for letting for habitation a dwelling-house at a rent not exceeding—

(a) in the case of a house situate in the County Borough of Dublin or the Borough of Dun Laoghaire, thirty pounds per annum;

(b) in the case of a house situate elsewhere, twenty-five pounds per annum;

there shall, notwithstanding any stipulation to the contrary, be implied a condition that the house is at the commencement of the tenancy, and an undertaking that the house will be kept by the landlord during the tenancy, in all respects reasonably fit for human habitation but nothing in this section contained shall affect the liability of the tenant or occupier of any such house for any wilful act or default of such tenant or occupier whereby such house is rendered not reasonably fit for human habitation:

Provided that the condition and undertaking aforesaid shall not be implied when a house is let for a term of not less than three years upon the terms that it be put by the lessee into a condition reasonably fit for habitation, and the lease is not determinable at the option of either party before the expiration of three years.

(2) The landlord, or any person authorised by him in writing, may at reasonable times of the day, on giving twenty-four hours' notice in writing to the tenant or occupier, enter any premises to which this section applies for the purpose of viewing the state and condition thereof.

(3) In this section the expression “landlord” means any person who lets for habitation to a tenant any house under any contract referred to in this section, and includes his successors in title, and the expression “dwelling-house” includes part of a house.

Matters to be considered in determining a house to be unfit for human habitation.

32. —Where it is required for the purposes of the Housing of the Working Classes Acts to determine whether a house is fit for human habitation, regard shall be had to the extent, if any, to which by reason of disrepair or sanitary defects the house falls short of the provisions of any bye-laws in operation in the district of the local authority in which such house is situate, or of the general standard of housing accommodation for the working classes in such district.

Recovery of possession of buildings subject to a clearance or demolition order.

33. —(1) Where a clearance order or a demolition order has become operative, the local authority shall serve on the occupier of any building or any part of any building to which the order relates a notice stating the effect of the order and specifying the date by which the order requires the building to be vacated and requiring him to quit the building before the said date or before the expiration of twenty-eight days from the service of the notice, whichever may be the later; and if at any time after the date on which the notice requires the building to be vacated any person is in occupation of the building, or of any part thereof, the local authority or any owner of the building may make complaint to a court of summary jurisdiction and thereupon the court shall by their warrant which shall have the same effect as a warrant under section eighty-six of the Landlord and Tenant Law Amendment Act, Ireland, 1860, order vacant possession of the building or of the part thereof to be given to the complainant within such period not being less than two weeks nor more than four weeks as the court may determine.

(2) Any expenses incurred by a local authority under this section in obtaining possession of any building or of any part of a building may be recovered by them summarily before a court of summary jurisdiction from the owner of the building or, if there is more than one owner, from the owners thereof and the provisions of sub-sections (2), (4) and (5) of section 8 of this Act shall apply in relation to any such expenses in like manner as those provisions apply in relation to expenses incurred by a local authority under that section.

(3) Any person who, knowing that a clearance order or a demolition order has become operative and applies to any building, enters into occupation of that building, or of any part thereof, after the date by which the order requires that building to be vacated, or permits any other person to enter into such occupation after that date, shall be liable on summary conviction to a fine not exceeding twenty pounds and to a further penalty of five pounds for every day, or part of a day, on which the occupation continues after such conviction.

Recovery of possession of houses and buildings for purposes of enactments relating to the housing of the working classes.

34. —(1) Nothing in the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, shall be deemed to affect the provisions of this Act relating to the obtaining possession of a house with respect to which a clearance order or demolition order has been made, or to prevent possession being obtained of any house possession of which is required for the purpose of enabling a local authority to exercise their powers under the Housing of the Working Classes Acts, or for the purpose of securing compliance with any bye-laws made for the prevention of overcrowding.

(2) Where a local authority, for the purpose of exercising their powers under the Housing of the Working Classes Acts, require possession of any building or any part of a building of which they are the owners, possession thereof may (without prejudice to any other method of recovery) be recovered by them in a summary manner under section fifteen of the Summary Jurisdiction (Ireland) Act, 1851, wherever the building or part of a building may be situated and whatever may be the rent or term of the tenancy.

Power of Circuit Court to determine lease where premises demolished.

35. —(1) Where any premises in respect of which a clearance order or a demolition order made under this Act has become operative form the subject matter of a lease, either the lessor or the lessee may apply to the Circuit Court within the jurisdiction of which the premises are situate for an order determining the lease.

(2) Upon any such application as aforesaid the Circuit Court, after giving to any sub-lessee an opportunity of being heard, may, if it thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as the court may think just and equitable to impose, regard being had to the respective rights, obligations, and liabilities of the parties under the lease and all the other circumstances of the case.

(3) Rules of Court shall regulate the practice and procedure of the Circuit Court under this section.

(4) In this section the expression “lease” includes an under-lease and any tenancy or agreement for a lease, under-lease, or tenancy, and the expressions “lessor,” “lessee,” and “sub-lessee” shall be construed accordingly, and as including also a person deriving title under a lessor, lessee or sub-lessee.

Power of local authority to make allowances to certain persons displaced.

36. —A local authority may pay to any person displaced from any dwelling-house or other building to which a clearance order, a demolition order, or a closing order applies, or which has been purchased by them under Part II of this Act as being comprised in a clearance area, or under Part III of this Act, as being incapable of being rendered fit for human habitation, such reasonable allowance as they think fit towards his expenses in removing; and to any person carrying on any trade or business in any such dwelling-house or other building they may with the consent of the Minister pay also such reasonable allowance as they think fit towards the loss which, in their opinion, he will sustain by reason of the disturbance of his trade or business consequent on his having to quit the house or building and in estimating that loss they shall have regard to the period for which the premises occupied by him might reasonably have been expected to be available for the purpose of his trade or business and the availability of other premises suitable for that purpose.

Acquisition of land for purposes of Part III of the Act of 1890.

37. —(1) A local authority may for the purposes of Part III of the Act of 1890 as amended by any subsequent enactment including this Act be authorised to purchase land compulsorily by means of a compulsory purchase order made by the local authority and submitted to and confirmed by the Minister in accordance with the provisions contained in the Second Schedule to this Act.

(2) The provisions of this Act with respect to the validity and date of operation of compulsory purchase orders shall apply to compulsory purchase orders made under this section.

(3) Section 57 of the Act of 1890 is hereby repealed in so far as it relates to the acquisition of land otherwise than by agreement.

Acquisition of land not immediately required for the purposes of Part III of the Act of 1890.

38. —A local authority may, with the consent of and subject to any conditions imposed by the Minister, acquire land by agreement (but not otherwise) for the purposes of Part III of the Act of 1890 as amended by any subsequent enactment, including this Act, notwithstanding that the land is not immediately required for those purposes.

Acquisition of and compensation for derelict sites.

39. —(1) A local authority may acquire either by agreement with the consent of the Minister or compulsorily a derelict site for any of the purposes of Part III of the Act of 1890 as amended by any subsequent enactment, including this Act, notwithstanding that such site is not immediately required for such purpose.

(2) A derelict site so acquired by a local authority may with the consent of the Minister, pending its ultimate appropriation for the purpose for which it was acquired, be used temporarily by the local authority as a playground or recreation ground for persons of the working classes and other persons.

(3) Where a local authority acquire compulsorily a derelict site for any of the purposes of the Housing of the Working Classes Acts the compensation to be paid by the local authority in respect of the acquisition of such site shall be assessed in accordance with the provisions contained in Part I of the Third Schedule to this Act and, subject as aforesaid, shall be assessed in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925).

(4) For the purposes of this section the expression “derelict site” means any land situate in an area inhabited mainly by persons of the working classes or in close proximity to such an area which is—

(a) the site of a building that has been demolished or which is in a ruinous and uninhabitable condition; or

(b) land which has not been and cannot be built upon without clearance and levelling and is or is likely to become in such a state as to be a nuisance or injurious to health by reason of the deposit thereon of filth, rubbish or other insanitary matters or otherwise; and

(c) which is land which has been lying undeveloped or not re-developed for a period of not less than three years immediately preceding the time at which the local authority determine by resolution to acquire the land.

Powers in connection with provision of houses.

40. —(1) Any power of the local authority under the Housing of the Working Classes Acts to provide housing accommodation, shall include a power to provide and maintain with the consent of the Minister and, if desired, jointly with any other person, in connection with any such housing accommodation, any building adapted for use as a shop, any playgrounds or recreation grounds, open spaces or other buildings or land which in the opinion of the Minister will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.

(2) The Minister may, in giving his consent to the provision of any land or building under this section, by order apply, with any necessary modifications, to such land or building any statutory provisions which would have been applicable thereto if the land or building had been provided under any enactment giving any local authority powers for the purpose.

Power of entry on lands proposed to be acquired.

41. —(1) Where a local authority are by a compulsory purchase order made and confirmed under Part II of this Act or Part III of the Act of 1890 as amended by any subsequent enactment; including this Act authorised to purchase land compulsorily for the purposes of such Part the local authority may at any time after such order has become operative on giving not less than fourteen days' notice in writing to the owner and occupier of the land enter on and take possession of the land or of such part thereof as may be specified in the notice without previous consent or compliance with the provisions of the Lands Clauses Acts as amended by the Housing of the Working Classes Acts relating to entry on lands and upon the service of any such notice the local authority shall be deemed to have signified their intention of purchasing the land and shall be liable to the payment of the like compensation as if the said provisions of the Lands Clauses Acts had been complied with and to payment of interest upon such compensation as from the time of such entry.

(2) Where a local authority have agreed to purchase land for the purposes of Part II of this Act or Part III of the Act of 1890, as amended by any subsequent enactment, including this Act, or have determined to appropriate land for either of those purposes, subject to the interest of the person in possession thereof, and that interest is not greater than that of a tenant for a year or from year to year then, at any time after such agreement has been made, or such appropriation has been approved by the Minister, the local authority may, after giving to the person so in possession twenty-one days' notice in writing, enter on and take possession of the land or such part thereof as is specified in the notice without previous consent, but subject to the payment to the person so in possession of the like compensation, with such interest thereon as aforesaid, as if the local authority had been authorised to purchase the land compulsorily and such person had in pursuance of such power been required to quit possession before the expiration of his term or interest in the land, but without the necessity of compliance with the provisions of the Lands Clauses Acts as amended by the Housing of the Working Classes Acts relating to entry on lands.

Power of entry on lands for survey, etc.

42. —Any person authorised in writing stating the particular purpose or purposes for which the entry is authorised, by the local authority may at all reasonable times, on giving twenty-four hours' notice to the occupier and to the owner, if the owner is known, of his intention, enter any house, premises, or building—

(a) for the purpose of survey or valuation, in the case of houses, premises, or buildings which the local authority are authorised to purchase compulsorily under the Housing of the Working Classes Acts; or

(b) for the purpose of survey and examination in the case of any house in respect of which a notice requiring the execution of works has been served or a clearance order, demolition order or closing order has been made; or

(c) for the purpose of survey and examination where it appears to the local authority that survey or examination is necessary in order to determine whether any powers under the Housing of the Working Classes Acts should be exercised in respect of any house, premises or building.

Town Commissioners to be a local authority for purposes of Parts I and II of the Act of 1890.

43. —(1) For the purposes of Part I and Part II of the Act of 1890 as amended by any subsequent enactment including this Act, the town commissioners of any town under the Town Improvements (Ireland) Act, 1854, shall be a local authority and shall have for the purposes of the said Parts of the Act of 1890, as so amended the like powers of borrowing and of raising expenses as are conferred on them by the Housing of the Working Classes (Ireland) Acts 1890 to 1921 for the purposes of Part III. of the Act of 1890.

(2) Such town commissioners shall for the purpose of holding any land acquired by them under Part I or Part II of the Act of 1890 as amended by any subsequent enactment including this Act and of suing and being sued in respect thereof be deemed to be a body corporate with perpetual succession and any instrument relating to any such land shall be duly executed by such town commissioners if executed in manner provided by section 59 of the Commissioners Clauses Act, 1847, with respect to conveyances by commissioners who are not a body corporate.

(3) Section 100 of the Act of 1890 shall in its application to town commissioners have effect as if the reference therein to Part III of the Act of 1890 were construed as a reference to Parts I, II and III of the Act of 1890, as amended by any subsequent enactment including this Act.

Power of Minister to obtain a report on any crowded area.

44. —If it appears to the Minister that owing to density of population, or any other reason, it is expedient to inquire into the circumstances of any area with a view to determining whether any powers under the Housing of the Working Classes Acts should be put into force in that area or not, the Minister may require the local authority to make a report to him containing such particulars as to the population of the district and other matters as he may direct and the local authority shall comply with the requirement of the Minister, and any expenses incurred by them in so doing shall be paid as expenses incurred in the execution of such part of the Act of 1890 as amended by any subsequent enactment including this Act as the Minister may determine.

Power of Minister to prescribe forms, etc., and to dispense with advertisements and notices.

45. —(1) The Minister may by order make regulations prescribing anything which by the Housing of the Working Classes Acts is required to be prescribed and also the form of any notice advertisement or other document and the scale of any map which is required or authorised to be used or given under or for the purposes of the said Acts.

(2) The Minister may dispense with the publication of advertisements or the service of notices required to be published or served by a local authority under the Housing of the Working Classes Acts, if he is satisfied that there is reasonable cause for dispensing with the publication or service thereof.

(3) Any such dispensation may be given by the Minister either before or after the time at which the advertisement is required to be published or the notice is required to be served and either unconditionally or upon such conditions as to the publication of other advertisements or the service of other notices or otherwise as the Minister thinks fit, due care being taken by the Minister to prevent the interests of any persons being prejudiced by the dispensation.

(4) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.

Penalty for preventing execution of repairs, etc.

46. —(1) If any person, after receiving notice of the intended action—

(a) being the occupier of any premises prevents the owner thereof or his officers, agents, servants or workmen from carrying into effect with respect to those premises any of the provisions of Part III of this Act;

(b) being the owner or occupier of any premises prevents the medical officer of health or any officers, agents, servants or workmen of such officer or of the local authority from so doing; or

(c) being the inmate of any premises, prevents the owner thereof or any other person upon whom any obligations with respect to the premises are imposed by bye-laws under section 20 of the Housing (Ireland) Act, 1919, from complying with such obligations,

a court of summary jurisdiction on proof thereof may order that person to permit to be done on the premises all things requisite for carrying into effect such provisions or the fulfilment of such obligations with respect to the premises.

(2) If any such person fails to comply with any such order of a court of summary jurisdiction, he shall for each day during which the failure continues be liable on summary conviction to a fine not exceeding twenty pounds.

Provisions with respect to official representations.

47. —(1) For the purposes of this Act or the Act of 1890 the expression “official representation” means, in the case of any local authority, a representation made to that authority by the medical officer thereof.

(2) The medical officer of health of a local authority shall make an official representation to the local authority whenever he is of opinion that any dwelling house in their district is unfit for human habitation, or that any area in their district is an area which should be dealt with either as a clearance area or as an improvement area; and if any four or more local government electors of the district complain to the medical officer of health in writing that any dwelling-house is unfit for human habitation, or that any area should be dealt with either as a clearance area or as an improvement area, it shall be his duty forthwith to inspect that house οr that area and to make a report to the local authority stating the facts of the case and whether, in his opinion, the house is unfit for human habitation, or whether, in his opinion, the area should be dealt with either as a clearance area or as an improvement area; but the absence of any such complaint shall not excuse him from inspecting any dwelling-house or area and making a representation thereon to the local authority.

(3) A local authority shall so soon as may be take into consideration any official representation which has been made to them.

Remuneration of solicitors for business under the Housing of the Working Classes Acts.

48. —Unless the Minister shall in any particular case otherwise direct or agree, the costs payable by a local authority in respect of the acquisition of land for the purposes of the Housing of the Working Classes Acts shall be regulated by the General Order dated the 16th day of April, 1884, as amended by the General Order dated the 17th day of May, 1920, made in pursuance of the Solicitors Remuneration Act, 1881, and the provisions of the said first-mentioned General Order as amended as aforesaid shall, with the exception of Clause 6 and Rule 11 in Part I of Schedule I of the said Order, apply accordingly.

Service of notices, etc.

49. —(1) Subject to the provisions of the Housing of the Working Classes Acts as to the service of any notice, summons, writ or other proceeding at law or otherwise on local authorities, any notice, order, or other document required or authorised to be served under those Acts may be served either—

(a) by delivering it to the person on whom it is to be served; or

(b) by leaving it at the usual or last-known place of abode of that person; or

(c) by forwarding it by post in a pre-paid registered letter addressed to that person at his usual or last-known place of abode, or in the case of an incorporated company or registered society addressed to the secretary of the company or society at the registered or principal office of the company or society; or

(d) if addressed to the “owner” or “occupier” of premises, by delivering it to some person on the premises, or if there is no person in the premises on whom it can be so served, then by affixing it to some conspicuous part of the premises

(2) Subject as aforesaid, any notice, order or other document which is by the Housing of the Working Classes Acts required or authorised to be served on the owner or occupier of any premises may be addressed to the “owner” or “occupier” of the premises (naming them) without further name or description.

Application of provisions of section 11 of the Labourers (Ireland) Act, 1906, amending the Lands Clauses Acts.

50. —Paragraphs (1) to (8) and paragraph (12) of section 11 of the Labourers (Ireland) Act, 1906, which amend the Lands Clauses Acts with respect to the payment of purchase money, the conveyance of land and other matters shall apply to the taking of land otherwise than by agreement under the Lands Clauses Acts as amended by the Housing of the Working Classes Acts by a local authority for the purposes of those Acts, in like manner as the said paragraphs apply to a district council so taking land for the purposes of the Labourers (Ireland) Acts, 1883 to 1930, with the modification that in paragraph (1) of the said section 11 of the Labourers (Ireland) Act, 1906, the words “Lands Clauses Acts” shall be substituted for the words “Land Purchase Acts.”

Miscellaneous amendments of the Housing (Ireland) Act, 1919.

51. —(1) Paragraph (b) of sub-section (1) of section 8 of the Housing (Ireland) Act, 1919, shall be amended by the addition of the words “are suitable or” after the word “which” in the said paragraph.

(2) Sub-section (2) of section 8 of the Housing (Ireland) Act, 1919, shall be amended by the addition of the following paragraph:—

(iii) the lease or sale under the powers conferred by this Act to philanthropic societies or bodies of persons approved of by the Minister of any estate or interest in any houses which are suitable or might be made suitable as houses for the working classes with a view to such houses being maintained or being made suitable and maintained as houses for the working classes by such philanthropic societies or bodies of persons.

(3) Paragraph (ii) of sub-section (2) of section 8 of the Housing (Ireland) Act, 1919, shall be amended by the addition of the words “factories, workshops, places of worship, playgrounds, places of recreation, open spaces” after the word “gardens” in the said paragraph.

(4) Paragraph (b) of sub-section (1) of section 11 of the Housing (Ireland) Act, 1919, shall be amended by the addition of the words “factories, workshops, places of worship, playgrounds, places of recreation, open spaces” after the word “gardens” in the said paragraph.

(5) Sub-section (2) of section 11 of the Housing (Ireland) Act, 1919, shall have effect as if the words from “subject to any condition” to “thereon, and” were omitted therefrom.

(6) Section 17 of the Housing (Ireland) Act, 1919, which confers powers on the Commissioners of Public Works in Ireland to make loans to private persons shall become a permanent enactment and any provision in any Act in force at the date of the passing of this Act which limits the period for which the said section is to remain in force shall cease to have effect.

Execution by local authorities of works under section 20 of the Housing (Ireland) Act, 1919.

52. —Where an owner or other person has failed to execute any work which he has been required to execute under bye-laws made by a local authority in pursuance of section 20 of the Housing (Ireland) Act, 1919, the local authority by whom such bye-laws are enforced may after giving to him not less than twenty-one days' notice in writing themselves execute the works and recover the costs and expenses and for that purpose the provisions of Part III of this Act with respect to the enforcement of notices requiring the execution of repairs and the recovery of expenses by local authorities shall apply with such modifications as are necessary.

Assessment of compensation in respect of existing houses acquired by a local authority.

53. —Where a local authority acquire compulsorily any house which is suitable or might be made suitable for persons of the working classes for the purposes of Part III of the Act of 1890, as amended by any subsequent enactment including this Act, the compensation payable in respect thereof shall be assessed in accordance with the provisions contained in Part II of the Third Schedule to this Act.

Minor and consequential amendments of housing enactments.

54. —The amendments specified in the Second Column of the Fourth Schedule to this Act which relate to minor or consequential details shall be made in the sections and sub-sections of the housing enactments specified in the First Column of that Schedule.