S.I. No. 30/1996:

HOUSING (REGISTRATION OF RENTED HOUSES) REGULATIONS, 1996.

HOUSING (REGISTRATION OF RENTED HOUSES) REGULATIONS, 1996.

In exercise of the powers conferred on the Minister for the Environment 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 sections 20 and 20A of the Housing (Miscellaneous Provisions) Act, 1992 , as respectively amended and inserted by section 4 of the Local Government Act, 1994 , which powers are delegated to me by the Environment (Delegation of Functions Order, 1995 ( S.I. No. 3 of 1995 ), (No. 8 of 1995), I, LIZ MCMANUS, Minister of State at the Department of the Environment, hereby make the following Regulations:--

1. These Regulations may be cited as the Housing (Registration of Rented Houses) Regulations, 1996.

2. These Regulations shall come into operation on the 1st day of May, 1996.

3. (1) In these Regulations --

"the Act of 1992" means the Housing (Miscellaneous Provisions) Act, 1992 ;

"address", in the case of landlord or agent, means place of abode or place of business or, where the landlord or agent is a company, the address of the registered office of such company;

"house" includes any building or part of a building used or suitable for use as a dwelling and any out office, yard, garden or other land appurtenant thereto or usually enjoyed therewith;

"the register" means the register kept by a housing authority for the purposes of section 20 of the Act of 1992.

(2) In these Regulations, any reference to an article is a reference to an article of these Regulations and any reference to a sub-article is a reference to a sub-article of the article in which the reference occurs.

4. (1) These Regulations shall apply to every house let for rent or other valuable consideration solely as a dwelling unless the house--

( a ) is let bona fide for the temporary convenience of or to meet a temporary necessity of the landlord or tenant,

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

( c ) is let by a Minister of the Government, a housing authority, a health board or an approved body,

( d ) is let to a person who is pursuing, or 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,

( e ) is let to the father, mother, grandfather, grand-mother, 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 1991,

( f ) is a 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 and curtilage, or

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

(2) In sub-article (1) (c) "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 or by a health board for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder.

(3) In sub-article (1) (d) "recognised educational institution" means any University, Technological College, Regional Technical College, Secondary or Technical College, providing a course of study approved of by the Minister for Education.

5. (1) The landlord of a house to which these Regulations apply shall--

( a ) where a house is let on the date on which these Regulations come into operation, within two months from such date, or

( b ) where a house is let after the date on which these Regulations come into operation, within one month of such letting,

apply to the housing authority in whose functional area the house is situate on a form (which shall be provided free of charge by the authority on request) to register the tenancy of the house.

(2) The landlord shall, on making application under sub-article (1), furnish particulars of the following matters--

( a ) the address of the house,

( b ) the name and address of the landlord and, if the landlord has duly appointed an agent, the name and address of such agent,

( c ) the name of the tenant,

( d ) the rent reserved under the tenancy and when and how it is to be paid, or the value or nature of the other consideration, as the case may be, and

( e ) a description of the house, that is to say whether the house is let in its entirety as a whole house, a self-contained flat or apartment, a non self-contained flat, a single room, or as the case may be.

(3) A separate application under sub-article (1) shall be made in respect of each house to which these Regulations apply.

(4) An application under this article shall be accompanied by a fee of £40.

6. Upon receipt of an application under article 5, the housing authority shall enter in the register the date of receipt of the application, the address of the house and the description of the house.

7. Where a house ceases to be a house to which these Regulations apply and the landlord so notifies the housing authority in writing, the authority shall, as may be appropriate, record such notification in the register or delete the entry in respect of the house from the register.

8. Where an entry in respect of a house has been made in the register under article 6 and notification has not subsequently been given under article 7, the landlord shall, within one month of each anniversary of the date of receipt by the housing authority of the application under article 5, pay to the local authority a fee of £40.

9. Where at the anniversary referred to in article 8 a change has taken place in any one or more of the matters specified in paragraphs (b), (c), or (d) of sub-article (2) of article 5, as then standing notified to the housing authority, the landlord shall, within one month of such anniversary, notify the housing authority in writing of the particulars of such change.

10. An application to a housing authority for a copy, certified in accordance with section 20 (6) of the Act of 1992, of an entry in the register in respect of a house shall be accompanied by a fee of £5.

11. (1) Upon receipt of an application under article 5, or a notification under article 7 or 9, the housing authority shall--

( a ) mark upon the application or notification, as the case may be, the date of receipt, and

( b ) acknowledge to the landlord the receipt of the application or notification and the date of its receipt.

(2) When a housing authority receives a fee pursuant to article 5 or 8, they shall give a receipt thereof to the landlord.

Dated this 12th day of February, 1996.

LIZ McMANUS,

Minister of State at the

Department of Environment.

EXPLANATORY NOTE.

These regulations, which come into operation on 1st May, 1996, provide for the registration of certain private rented houses with the local housing authority and the maintenance by the authority of a public register of such houses. The regulations provide for an annual fee of £40 in respect of each house.