Housing (Miscellaneous Provisions) Act 2009
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Chapter 5 Management and Control Functions | ||
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Management and control functions. |
28.— (1) Subject to this section, the management and control of any— | |
(a) dwelling, building, site or other land of which a housing authority is the owner, or | ||
(b) works or services provided by the authority under the Housing Acts 1966 to 2009, | ||
shall be vested in and exercised by the housing authority. | ||
(2) Where a dwelling is provided by a housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , the management and control of the common areas appurtenant to and enjoyed with the dwelling are not required to be vested in the housing authority under subsection (1). | ||
(3) Subject to this section, a housing authority may perform management and control functions in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement. | ||
(4) Subject to the Housing Acts 1966 to 2009 and regulations made thereunder, a housing authority may in respect of a dwelling or site to which subsection (1) (a) applies: | ||
(a) allocate the dwelling to a household in accordance with section 22 ; | ||
(b) specify the terms and conditions of the tenancy agreement between the housing authority and the tenant governing the letting of the dwelling in accordance with section 29 ; | ||
(c) specify such rent and make any other charges for the tenancy, occupation or use of the dwelling as the housing authority may determine from time to time in accordance with section 31 ; | ||
(d) in relation to any other building or land or works or services provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 , make such charges, whether by way of rent or otherwise, as it considers appropriate; | ||
(e) sell the dwelling under section 90 of the Principal Act or Part 3 or 4; | ||
(f) carry out such works of maintenance, repair or refurbishment, or other activities, as the housing authority may consider necessary and appropriate, for the purposes of securing the proper maintenance of the dwelling or the estate in which the dwelling is situated and the good management of that estate, having regard to the objectives set out in its housing services plan. | ||
(5) Subject to the Housing Acts 1966 to 2009 and regulations made thereunder, a housing authority may, in respect of a dwelling to which subsection (3) applies, subject to the provisions of any contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement: | ||
(a) allocate the dwelling to a household in accordance with section 22 ; | ||
(b) specify the terms and conditions of a tenancy agreement governing the letting of the dwelling in accordance with section 29 , as appropriate; | ||
(c) specify such rent and any other charges for the tenancy, occupation or use of the dwelling as the housing authority may determine from time to time in accordance with section 31 ; | ||
(d) carry out such works of maintenance, repair or refurbishment or other activities, as the authority may consider necessary and appropriate, for the purposes of securing the proper maintenance of the dwelling or the estate in which the dwelling is situated and the good management of that estate, having regard to the objectives set out in its housing services plan. | ||
(6) The Land Law (Ireland) Act 1881 shall not apply as respects the letting by a housing authority of an allotment provided under section 11 and such letting shall, unless a provision to the contrary is contained in a letting agreement, be deemed to be a letting for temporary convenience and determinable at the end of any month. |