S.I. No. 270/1978 - Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations, 1978.

S.I. No. 270 of 1978.

HOUSING AUTHORITIES (BORROWING AND MANAGEMENT) REGULATIONS, 1974 (AMENDMENT) REGULATIONS, 1978.

The Minister for the Environment, in exercise of the powers conferred on him by sections 5 , 44 and 90 of the Housing Act, 1966 (No. 21 of 1966), with the consent of the Minister for Finance, hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations, 1978.

(2) The Housing Authorities (Borrowing and Management) Regulations, 1974 ( S.I. No. 276 of 1974 ) and these Regulations shall be construed as one and may be cited as the Housing Authorities (Borrowing and Management) Regulations, 1974 to 1978.

2. The Housing Authorities (Borrowing and Management) Regulations, 1974 are hereby amended by the substitution for article 5 of the following article—

"5. For the purposes of section 44 of the Act, the amount of any money borrowed by a housing authority for the provision of building sites, shall be deemed to be the amount of the loan borrowed by the authority for the provision of the building sites, or

( a ) where the site is provided prior to the 1st day of August, 1978 an amount equal to the number of sites provided multiplied by £900, or

( b ) where the site is provided on or after the 1st day of August, 1978 an amount equal to the number of sites provided multiplied by £1,500

whichever is the lesser."

3. Article 9 and Part I of the Schedule to the Housing Authorities (Borrowing and Management) Regulations, 1974 are hereby revoked.

4. ( a ) The transfer order for the purposes of section 90 of the Act as modified by section 4 of the Landlord and Tenant (Ground Rents) Act, 1978 (No. 7 of 1978) shall be in the form set out in Part I of the Schedule hereto or in a form substantially to the like effect.

( b ) The transfer order for the purposes of section 90 of the Act as extended by section 26 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (No. 16 of 1978) shall be in the form set out in Part II of the Schedule hereto or in a form substantially to the like effect.

SCHEDULE

PART I

FORM OF TRANSFER ORDER

Housing Act, 1966 , (section 90)

Landlord and Tenant (Ground Rents) Act, 1978 , (section 4)

TRANSFER ORDER

2. ( a ) The sum of £...... being the purchase money for the said dwelling shall be a charge on the said dwelling and be paid to the housing authority by the purchaser in the manner set out in the Second Schedule hereto.⁷

( b ) There shall also be charged on the said dwelling the appropriate amount specified in the Third Schedule hereto to be paid to the housing authority in the event specified in that Schedule.⁸

3. The following special condition shall apply to the dwelling:⁹

Payment in respect of the purchase money for the said dwelling shall be made punctually on the due dates.

4. The following special conditions shall apply to the dwelling for a period of .................. years from the date of vesting of the dwelling:¹⁰

( a ) the dwelling shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser's successor in title or by a member of the purchaser's family or the family of his successor in title;

( b ) the dwelling or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.

5. The following conditions shall apply to the dwelling:¹¹

6. The purchaser hereby assents to the registration of the charge at 2 above and the contingent charge in the Third Schedule hereto created in favour of the housing authority as burdens on the property described in this transfer order.¹

FIRST SCHEDULE

Description of dwelling¹³

SECOND SCHEDULE

Manner for repayment of purchase money ¹⁴

THIRD SCHEDULE ⁸

In the event of the redemption of the purchase money of the dwelling or in the event of the dwelling being transferred to a person other than the spouse, son or daughter of the purchaser, in either case, the appropriate amount to be charged on the dwelling shall, where the event occurs:

( a ) during the period of nine years from the date of vesting specified in paragraph 1 of this Transfer Order, be a sum equivalent to the difference between the total amount that would have been payable up to the date of redemption or transfer if the repayments had not been reduced and the amount payable by reason of the reduction,

( b ) during the tenth year from the date of vesting specified in paragraph 1 of this Transfer Order, be four-fifths of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction,

( c ) during the eleventh year from the date of vesting specified in paragraph 1 of this Transfer Order, be three-fifths of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction,

( d ) during the twelfth year from the date of vesting specified in paragraph 1 of this Transfer Order, be two-fifths of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction,

( e ) during the thirteenth year from the date of vesting specified in paragraph 1 of this Transfer Order, be one-fifth of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction.

The official seal of the housing authority was affixed hereto in the presence of

Directions for completing this Form

¹ Insert name of functional area of housing authority.

² Insert consideration e.g. "£............(............. pounds)".

³ Insert name of housing authority.

⁴ Insert name and address of purchaser.

⁵ The vesting of a house should be in fee simple only, in accordance with the Landlord and Tenant (Ground Rents) Act, 1978 .

⁶ Vesting for a term of years may only be effected in the case of a separate and self-contained flat in premises divided into two or more such flats.

⁷ Insert amount of purchase money.

⁸ Paragraph 2 (b) and the Third Schedule should be inserted only where a new house is being sold to a person other than the tenant thereof by means of subsidised repayments.

⁹ Delete special condition where the purchase money is paid in full before the making of the transfer order.

¹⁰ The special conditions (a) and (b) in paragraph 4 shall be included only where a dwelling is sold to a tenant thereof. In the case of houses sold in fee simple special conditions (a) and (b) shall apply for a period of twenty-five years from the date of vesting specified in paragraph 1. In the case of flats sold by way of lease the special conditions (a) and (b) shall apply for the period of the lease.

¹¹ Insert the appropriate conditions as to repair, to use as a dwelling only, to right of entry of housing authority, to insurance in joint names of purchaser and authority and such other conditions as are required.

¹² Delete reference to charge(s) where not appropriate.

¹³ Insert suitable description, where description is by reference to a map, the map should be clearly identified and attached to the Order.

¹⁴ Insert amount and manner for payment of purchase money including where appropriate provision for reduced repayments where a new house is being sold to a person other than a tenant thereof by means of subsidised repayments.

SCHEDULE

PART II

FORM OF TRANSFER ORDER

Housing Act, 1966 , (section 90)

Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 , (section 26)

TRANSFER ORDER

1. In consideration of the sum specified at paragraph 2 below the ² .................. (hereinafter referred to as the housing authority), in exercise of the powers conferred on them by section 90 of the Housing Act, 1966 , and section 26 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 .

(hereinafter referred to as "the purchaser" which expression where the context so admits includes his successors in title) in fee simple to the intent that the leasehold interest in the said dwelling vested in ⁴........................ by transfer order dated the ............ day of ..................... 19...... shall merge and be extinguished in the fee simple subject to the terms, conditions and special conditions herein specified and subject as respects the fee simple interest to the charge for the sum off £ ............ in respect of the purchase money for the said leasehold interest under the said transfer order (and to the contingent charge contained in the said transfer order).⁵

2. The sum of £............ being the purchase money of the fee simple together with the fee of £5 prescribed in section 26 (8) of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 has been paid by the purchaser to the housing authority.

3. The following special condition shall apply to the dwelling: ⁶

Payment in respect of the purchase money for the said leasehold interest shall be made punctually on the due dates as specified in the said transfer order. ⁷

4. The following special conditions shall apply to the dwelling until ........................ or while any part of the purchase money in respect of the leasehold interest remains unpaid: ⁸

( a ) the dwelling shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser's successor in title or by a member of the purchaser's family or the family of his successor in title;

( b ) the dwelling or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.

5. The following conditions shall apply to the dwelling:¹

6. The purchaser hereby assents to the registration of the charge(s) at 1 above as burden(s) on the fee simple interest in the property described in this transfer order. ¹⁰

SCHEDULE

Description of dwelling:¹¹

The official seal of the housing authority was affixed hereto in the presence of

Directions for completing this Form

¹ Insert name of functional area of housing authority.

² Insert name of housing authority.

³ Insert name and address of purchaser of fee simple.

⁴ Insert name and address of purchaser of the leasehold-interest.

⁵ Insert amount of purchase money in respect of the leasehold interest and reference to contingent charge where appropriate.

⁶ Delete special condition where the purchase money in respect of the leasehold interest is paid in full before the making of this transfer order.

⁷ Insert manner for payment of purchase money in respect of the leasehold interest.

⁸ The special conditions (a) and (b) in paragraph 4 shall be included only where a house has been leased to a tenant thereof. Special conditions (a) and (b) shall apply for a period of twenty-five years from the date of vesting specified in the original instrument effecting the transfer of the leasehold interest or while any part of the purchase price of the leasehold interest remains unpaid whichever is the greater.

⁹ Insert the appropriate conditions as to repair, to use as a dwelling only, to right of entry of housing authority, to insurance in joint names of purchaser and authority and such other conditions as are required.

¹⁰ Delete reference to charge(s) where not appropriate.

¹¹ Insert suitable description. Where description is by reference to a map the map should be clearly identified and attached to the order.

GIVEN under the Official Seal of the Minister for the Environment

this 15th day of September, 1978.

SYLVESTER BARRETT,

Minister for the Environment.

The Minister for Finance hereby consents to the foregoing Regulations.

Dated this 15th day of September, 1978.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations repeal Article 9 and Part I of the Schedule to the Housing Authorities (Borrowing and Management) Regulations, 1974 which prescribe the form of transfer order to be used to effect the sale of local authority dwellings under Section 90 of the Housing Act, 1966 .

A revised form of transfer order providing for the sale of local authority houses in fee simple in accordance with Section 4 of the Landlord and Tenant (Ground Rents) Act, 1978 is prescribed in these Regulations. Provision is also made in the transfer order for the sale of local authority flats by way of lease. In addition, a second form of transfer order is prescribed which will enable owners of houses provided by local authorities to acquire the fee simple in their dwellings in accordance with section 26 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 .

These Regulations also provide for an increase in the cost limit of building sites on which contributions to loan charges may be made by the Minister for the Environment under section 44 of the Housing Act, 1966 .