Housing (Miscellaneous Provisions) Act 2024
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Insertion of sections 31A and 31B in Act of 2021 | ||
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16. The Act of 2021 is amended by the insertion of the following sections after section 31: | ||
“Allocation plan | ||
31A. (1) A landlord of a cost rental dwelling may prepare a plan (in this section referred to as an ‘allocation plan’) for the letting of a proposed selected dwelling specifying— | ||
(a) the selection criteria applicable to a tenant referred to in section 31(1)(a)(iii), | ||
(b) whether the selection criteria are to be satisfied by one or more members of the household, | ||
(c) the manner and sequence in which the selection criteria are to be applied, and | ||
(d) the process by which vacancies are to be allocated, including by lottery or based upon the date or time at which the application is made by the prospective tenant. | ||
(2) The allocation plan may establish the selection criteria by reference to any one or any combination of one or more of the following: | ||
(a) the size and composition of the household; | ||
(b) the proximity of the selected dwelling to the current residence of the prospective tenant or to a child of the prospective tenant; | ||
(c) the proximity of the selected dwelling to the place of employment of the prospective tenant; | ||
(d) the proximity of the selected dwelling to a school or other educational establishment attended by the prospective tenant or a child of the prospective tenant; | ||
(e) the prospective tenant being resident or having been resident in an administrative area of a local authority or in a specified local electoral area or electoral division or being or having been so resident for a particular length of time; | ||
(f) such other criteria as may be prescribed by the Minister. | ||
(3) The landlord shall apply to the Minister for approval of an allocation plan. | ||
(4) An application under subsection (3) shall be made in such manner and form, and contain such information, including details of the proposed selected dwelling, as the Minister may prescribe. | ||
(5) The Minister shall give notice in writing to the landlord of his or her decision to— | ||
(a) approve the allocation plan, or | ||
(b) refuse to approve the allocation plan. | ||
(6) Where the Minister approves an allocation plan under subsection (5)(a), the notice shall specify the date on which the plan shall come into operation. | ||
(7) A landlord who receives a notice referred to in subsection (5)(a) shall— | ||
(a) lease the selected dwelling in accordance with the allocation plan, and | ||
(b) comply with regulations under subsection (12). | ||
(8) Where an allocation plan is approved by the Minister under subsection (5)(a) and the landlord complies with subsection (7), regulations under section 31(3) shall apply to the letting of a selected dwelling referred to in the plan except insofar as those regulations concern— | ||
(a) the process by which vacancies are allocated, and | ||
(b) the process by which tenants are to be selected. | ||
(9) Where the landlord referred to in this section is a housing authority, the Minister may, at any time, direct the housing authority to prepare or amend an allocation plan and the housing authority shall comply with any such direction within such period as may be specified by the Minister. | ||
(10) The preparation of an allocation plan by a housing authority and the amendment of such a plan are reserved functions. | ||
(11) The Minister may by notice in writing, as he or she considers necessary and appropriate, withdraw his or her approval of an approved allocation plan. | ||
(12) The Minister may prescribe the following matters for the purposes of this section: | ||
(a) the form and content of an allocation plan; | ||
(b) the conditions that may be attached by the Minister to an approved allocation plan; | ||
(c) the procedure and circumstances in which a landlord may apply to amend an approved allocation plan; | ||
(d) the procedure and circumstances in which a landlord may apply to terminate an approved allocation plan; | ||
(e) the procedure for the withdrawal of approval of an approved allocation plan under subsection (11); | ||
(f) the publication of an approved allocation plan; | ||
(g) the inclusion of more than one allocation plan for the letting of different selected dwellings in an application under subsection (3); | ||
(h) provision for the giving or service of notices, deemed dates of receipt of notices and other incidental and consequential matters. | ||
(13) The approval of an allocation plan under this section shall not affect the discretion of the owner of a cost rental dwelling to proceed or not to proceed with any particular letting of a selected dwelling referred to in the plan notwithstanding that a prospective tenant is eligible under the allocation plan. | ||
(14) In this section— | ||
‘Act of 2001’ means the Local Government Act 2001 ; | ||
‘electoral division’ shall be construed in accordance with section 223 of the Act of 2001; | ||
‘local electoral area’ has the same meaning as it has in the Act of 2001; | ||
‘selected dwelling’ means a cost rental dwelling that is subject to an allocation plan. | ||
Letting of occupied dwelling | ||
31B. (1) This section shall apply to a dwelling purchased by a landlord where the tenant of the dwelling— | ||
(a) is or was a tenant referred to in section 31(1)(a)(iii) on the date that the dwelling is or was purchased by the landlord, and | ||
(b) has received from his or her previous landlord, prior to the date referred to in paragraph (a), a notice of termination in respect of the dwelling on the ground specified in paragraph 3 of the Table to section 34 of the Act of 2004, | ||
in this section referred to as an ‘occupied dwelling’. | ||
(2) Without prejudice to the generality of subsection (1), this section shall apply to an occupied dwelling purchased by the Housing Agency prior to the date of the coming into operation of this section. | ||
(3) Sections 29 and 30 shall apply to an occupied dwelling as they apply to a dwelling subject to— | ||
(a) the modification that the written consent of the tenant shall not be required pursuant to section 29(3)(c), and | ||
(b) any other necessary modifications. | ||
(4) Where an occupied dwelling is designated as a cost rental dwelling under section 30, the landlord shall— | ||
(a) lease it to the tenant who occupied the dwelling prior to the cost rental designation, | ||
(b) lease it on terms in accordance with the cost rental designation, and | ||
(c) enter into a cost rental tenancy agreement in respect of that dwelling in accordance with regulations made by the Minister under subsection (5). | ||
(5) The Minister may, for the purposes of this section, prescribe the form and content of a cost rental tenancy agreement, including mandatory terms of the agreement, which may include, but shall not be limited to, covenants on the part of the landlord and the tenant, agreements and provisos with regard to the cost rental tenancy, provision for the giving or service of notices, deemed dates of receipt of notices and other incidental and consequential matters. | ||
(6) Following the termination of the cost rental tenancy agreement referred to in subsection (4)(c), the landlord shall lease the cost rental dwelling in accordance with section 31.”. |