Written answers

Tuesday, 28 May 2013

Department of Environment, Community and Local Government

Local Authority Housing Issues

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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482. To ask the Minister for Environment, Community and Local Government his views on whether the 1966 Housing Act is out of date (details supplied). [25629/13]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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There is no tenant purchase scheme currently open for applications under section 90 of the Housing Act 1966.

Parts 3 and 4 of the Housing (Miscellaneous Provisions) Act 2009, which underpin incremental purchase schemes in operation for new local authority houses and local authority apartments, respectively, contain similar provisions applying to the resale of a dwelling during the period of a housing authority's charge on the property (currently 20, 25 or 30 years after sale, depending on the income-related discount granted in the particular case). The housing authority has first option on purchasing the dwelling at a price that takes account of its outstanding charge on the property. Where the authority does not purchase the dwelling it may refuse to consent to a proposed resale to another person where, in the authority's opinion:

(a)the proposed sale price is less than the current market value,

(b)the intended purchaser is or was engaged in antisocial behaviour or the intended sale of the dwelling would not be in the interest of good estate management, or

(c)the intended sale would, if completed, leave the seller or any person who might reasonably be expected to reside with him or her without adequate housing.

Where an incremental purchaser sells the dwelling to a person other than the housing authority, he or she must pay to the authority the value of its outstanding charge on the property.

These measures ensure that the interests of the local community and the housing authority are taken into account in the resale of a local authority dwelling within a reasonable period after sale and I have no proposals to change the law in this area.

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