Housing (Miscellaneous Provisions) Act 2014

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PART 3

Purchase of Houses by Tenants

Interpretation (Part 3)

21. In this Part—

“adjusted market value” means, in a case where the site on which a house was built was provided to the housing authority by the purchaser for a nominal sum, the market value of the house excluding an amount equal to the excess (if any) of the market value of the site over such sum;

“affordable house” means an affordable house provided under Part V of the Planning and Development Act 2000 or Part 2 of the Housing (Miscellaneous Provisions) Act 2002 or an affordable dwelling purchased under affordable dwelling purchase arrangements under Part 5 of the Act of 2009, as the case may be, and cognate words shall be construed accordingly;

“allocation scheme” has the meaning given to it by section 22 of the Act of 2009;

“charged period” has the meaning given to it by section 26 ;

“charged share” has the meaning given to it by section 26 ;

“charging order” has the meaning given to it by section 26 ;

“common areas, structures, works or services” means areas, structures, works and services that are, or are intended to be, common to dwellings and enjoyed therewith, including where relevant access and side roads, architectural features, circulation areas, footpaths, internal common stairways, open spaces, parking areas, utility rooms and that portion of the roof or exterior of any building not intended to form or not forming part of any individual dwelling;

“discount” has the meaning given to it by section 26 ;

“dwelling”, subject to section 22 (3), includes—

(a) any building or part of a building, including a house, flat, apartment, maisonette or hostel occupied or intended for occupation as a normal place of residence, and

(b) any out-office, yard, garden or other land appurtenant thereto or usually enjoyed therewith;

“house”, other than in section 22 (1), means a dwelling to which this Part applies;

“incremental release” has the meaning given to it by section 26 ;

“market value” means the price for which a house might reasonably be expected to be sold, on the open market, on the date concerned, in its existing state of repair and condition and not subject to the conditions specified in section 25 (2) or to a charging order;

“material improvements” means improvements made to a house, with the prior written consent of the housing authority concerned, by one or both, as appropriate, of the tenant prior to purchase under this Part and the purchaser, whether such improvements were for the purposes of extending, enlarging, repairing or converting the house, but does not include—

(a) decoration, or

(b) any improvements otherwise carried out on the land, including the construction of a house;

“net adjusted market value” means the adjusted market value of a house reduced by an allowance equal to the amount of the market value attributable to material improvements;

“net market value” means the market value of a house reduced by an allowance equal to the amount of the market value attributable to material improvements;

“outstanding charged share” means the charged share, reduced by the sum of the incremental releases applied under section 26 (3) (including any incremental releases paid by the purchaser under section 28 );

“purchase money”, in relation to a house to which this Part applies, means the monetary value of the purchase price of the house, reduced by the discount;

“purchase price”, in relation to a house to which this Part applies, means the price of the house determined by a housing authority;

“purchaser” means a person who purchases a house under this Part and includes a person in whom there subsequently becomes vested (other than for valuable consideration) the interest of the purchaser or his or her successor in title and the personal representative of that person or successor in title;

“relevant market value” means the adjusted market value, the market value, the net adjusted market value or the net market value, as the case may be;

“rescheduling arrangements” means arrangements relating to payment of arrears of rent, rent contributions, charges, fees or any other moneys due and owing in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relates and includes arrangements referred to in section 34(2) of the Act of 2009;

“tenant” means any person to whom a housing authority has let a house under the Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000 ;

“transfer order” has the meaning given to it by section 25 ;

“vesting date” has the meaning given to it by section 25 .