Housing Act, 1966
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Power of housing authority to sell or lease certain dwellings provided under this Act. |
90.—(1) Subject to the provisions of this section, a housing authority may, if they think fit, sell or lease any dwelling to which this section applies, in case the dwelling is occupied by a tenant, to the tenant, or in case the dwelling is not so occupied, to any person. | |
(2) This section applies to a dwelling provided by a housing authority under this Act and of which they are the owner other than a cottage within the meaning of section 93 of this Act in respect of which an application may be sent under section 16 of the Act of 1936. | ||
(3) A sale or lease under this section shall be effected by means of an order (in this section referred to as a transfer order) made by the housing authority. | ||
(4) Every transfer order shall be in the prescribed form and shall be expressed and shall operate to vest, on the date specified in the order the interest specified therein, subject to such terms and conditions, including special conditions, as may be specified therein. | ||
(5) Upon a sale under this section, the housing authority may, if they think fit, agree to the whole or part of the purchase money being paid by instalments or to the payment of part thereof being secured by mortgage or by a charge on the dwelling or in such other manner as they consider adequate. | ||
(6) The following additional provisions shall apply in respect of a dwelling to which a special condition described in paragraph (c) of section 89 of this Act applies— | ||
(a) the housing authority may, before giving a consent to a sale or lease of the dwelling or part thereof, require the payment to them of an amount approved for the purposes of this subsection by the Minister; | ||
(b) subject to the foregoing paragraph, the housing authority may, without prejudice to any other power in that behalf, refuse to give such a consent if they are of opinion that— | ||
(i) the intended purchaser or lessee is not a person in need of housing, or | ||
(ii) the intended sale or lease would, if completed, leave the vendor or lessor or his dependants without adequate housing; | ||
(c) any attempted or purported mortgaging, charging or alienation in contravention of the condition shall be null and void against all persons; provided, however, that in any case where the consent of the housing authority is given after the attempted or purported mortgaging, charging or alienation, such consent shall, if the authority so direct, so operate as to validate with retrospective effect such attempted or purported mortgaging, charging or alienation. | ||
(7) Section 83 of the Local Government Act, 1946 , shall, in relation to any sale or lease of a dwelling under this section, apply and have effect as if for paragraphs (b), (c) and (d) of subsection (1) thereof there were substituted the following: | ||
“(b) at a meeting of the local authority held after the expiration of ten clear days from the day on which such notices are sent, the authority shall resolve as follows; | ||
(i) that the disposal shall be carried out in accordance with the terms specified in such notices, or | ||
(ii) that the disposal shall be carried out in accordance with the terms specified in the resolution, or | ||
(iii) that the disposal shall not be carried out, | ||
(c) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall be carried out in accordance with the terms specified in such notices, the disposal may be carried out in accordance with those terms, | ||
(d) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall be carried out in accordance with the terms specified in the resolution, the disposal may, with the consent of the Minister, be carried out in accordance with those terms,”. |