Housing (Miscellaneous Provisions) Act, 1992
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Standards for rented houses. |
18.—(1) The Minister may make regulations prescribing standards for houses (including any common areas, works and services appurtenant thereto and enjoyed therewith) let for rent or other valuable consideration and it shall be the duty of the landlord of such a house to ensure that the house complies with the requirements of such regulations. | |
(2) A person authorised by a housing authority for the purposes of this section may at all reasonable times enter and inspect a house to which regulations under this section apply. | ||
(3) Where, in the opinion of a housing authority, a requirement of a regulation is not being complied with, the authority may, after giving not less than 21 days notice in writing to the landlord of the house concerned, carry out or arrange the carrying out of any work necessary to ensure that the house complies with the requirements of the regulations. | ||
(4) Where a housing authority give a notice under subsection (3), they shall at the same time send a copy of the notice to the tenant of the house concerned. | ||
(5) Any expenses reasonably incurred by a housing authority under subsection (3) shall be repaid by the landlord and may be— | ||
(a) secured by— | ||
(i) charging the house under the Registration of Title Act, 1964 , or | ||
(ii) an instrument vesting the ownership of the house in the authority subject to a right of redemption by the landlord; | ||
(b) without prejudice to paragraph (a), recovered from the landlord as a simple contract debt in any court of competent jurisdiction. | ||
(6) A landlord upon whom a notice is served under subsection (3) may, before the expiry of such notice, appeal to the District Court in the District Court district in which the house concerned is situate to have the notice set aside and a housing authority shall not carry out or arrange the carrying out of any work under that subsection until the appeal is determined. | ||
(7) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following: | ||
(a) the class or classes of houses or tenancies in respect of which the prescribed standards shall apply; | ||
(b) the maintenance of the house in a proper state of structural repair and in good general repair; | ||
(c) the quality and condition of the accommodation, any common areas, furnishings and appliances; | ||
(d) ventilation and lighting; | ||
(e) water supplies, sanitary facilities and drainage; | ||
(f) facilities for heating and cooking; | ||
(g) facilities for the storage and the preparation of food. | ||
(8) For the purposes of subsection (7)(b) “a proper state of structural repair” means essentially sound, with roof, floors, ceilings, walls and stairs in good repair and not subject to serious dampness or liable to collapse because they are rotted or otherwise defective. |