Housing Act 1966

The Housing Act section 74(4) was amended by the 2009 Act to allow for the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act, 2009” for “mortgage made by deed within the meaning of the Conveyancing Act, 1811-1911, and the substitution of “that Act” for “those Acts” in both places where this occurs.

  1. General
  2. Acquisition of Land by Housing Authorities
  3. Housing Loans and Grants
  4. Registration of Cottage Plots under the Labourers’ Act 1936
  5. Charging Orders made under section 71 of the Housing Act 1966
  6. Section 39 Restriction Note
  7. Housing Act 1988

Appendix A

1. General

The Housing Act 1966, except sections 88, 90 and 115 and certain scheduled repeals under section 6(1) of the Act (see the Housing Act 1966, (Commencement) Order 1966) came into operation on 31st December 1966.

It is important to note also that this Practice Direction does not apply (unless otherwise stated) to transactions, e.g. deeds, charges, vesting orders, leases, statutory receipts, executed before the date of coming into operation of the Act but not lodged until after the Act. All such cases shall be referred to the Divisional Manager.

2. Acquisition of Land by Housing Authorities

Under section 23(1)(b) of the Registration of Title Act 1964, where land (freehold or leasehold) is acquired by a housing authority after the date of coming into operation of that Act (1st January 1967) registration of such land is compulsory.

2.1 Compulsory Acquisition of Unregistered Land

(i) If the purchase money or compensation does not exceed €1,000,000.

The housing authority may be registered as full owner with an absolute title (or good leasehold title, as the case may be) on lodgement of the conveyance or other instrument accompanied by a certificate in LR Form 3 of the Land Registration Rules 2012.

If the purchase money or compensation does not exceed €19,046.07, (the euro equivalent of £15,000 as fixed by section 31 of the Housing (Miscellaneous Provisions) Act 1992), and the housing authority is satisfied that:

(a) the claimant has power to sell under the Land Purchase Acts or Land Clauses Acts, and

(b) that he, or his immediate predecessor in title, has been personally, or by an agent, in receipt of the rents and profits of the land, or in actual occupation thereof, for a period of not less than six years, the purchase money may be paid to him.

In this case the housing authority may be registered as full owner with an absolute title on lodgement of a receipt in the prescribed form (Form No. 11 of the Housing Act 1966 (Acquisition of Land) Regulations 2000 [S.I. No. 454 of 2000], accompanied by a statement by its Secretary or Solicitor that the authority is satisfied regarding (a) and (b) supra. In this case, a certificate in LR Form 3 is unnecessary.

If the purchase money or compensation does not exceed €19,046.07 and a receipt in the prescribed form is given by a person who is described therein as first mortgagee or chargee, the housing authority may be registered as full owner with an absolute title on production of the receipt and a statement by its Secretary or Solicitor that the authority is satisfied that the recipient of the purchase money or compensation is a first mortgagee or chargee. A certificate in LR Form 3 is unnecessary in this case also.

Note: Housing authorities invariably acquire the fee simple interest. In practice, compulsory purchase orders are not made merely to acquire leasehold interests.

The above mentioned cases are to be dealt with in the Dealing Sections.

Land Clauses Consolidation Act 1845

Note: It should be remembered that sections 71 and 72 of this Act are unrepealed and that the provisions of section 72 now apply to cases where the purchase money or compensation does not exceed €19,046.07. It is not anticipated that applications by reference specifically to these sections will be lodged; if they are, a question may arise as to the proper mode of conveyance to the housing authority. This matter should be referred to the Divisional Manager.

(ii) If the purchase money or compensation exceeds €1,000,000 or if the purchase money or compensation does not exceed €19,046.07 and the case is not dealt with under (i) supra.

The case should be passed to the Examiner Cross Functional Team to enquire into title which should commence as follows:

  1. Title beginning 20 years previous to date of claim.
  2. If there has been a conveyance on sale less than 20 years and more than 10 years prior to the date of claim with that conveyance on sale. See Article 10 of 2nd Schedule to the Housing of the Working Classes Act 1890.
  3. An affidavit of discovery should also be lodged and a statutory declaration as to title.

Exception:

If the purchase money or compensation does not exceed €50,789.52, (the euro equivalent of £40,000 as fixed by section 31 of the Housing (Miscellaneous Provisions) Act 1992), and (a) it appears to the housing authority that the person making any claim for purchase money or compensation is not absolutely entitled to the land, or (b) the title to the land is not satisfactorily shown to the housing authority, the purchase money or compensation may be paid into the Circuit Court in which case the authority may be registered as full owner with an absolute title on lodgement of a deed poll with evidence that the purchase money or compensation has been paid into such Court.

Such cases are to be dealt with in the Dealings Sections.

(iii) If the acquisition is effected by means of a Vesting Order under section 81 of the Act

A housing authority has power under section 81 of the Act to acquire land by means of a Vesting Order.

Such Vesting Orders are to be dealt with in the Dealings Sections. On lodgement of the original Vesting Order (with map attached) and the appropriate fees, the housing authority shall be registered as full owner with an absolute title. The date of registration is to be the date on which the draft entry or folio is settled subject as hereunder. If the date of vesting is not 21 days or more later than the date of execution of the Order, the Order is not to be accepted for registration.

If a Vesting Order is lodged prior to the date on which it vests the land in the housing authority the registration is not to be effected or the draft entry or folio settled until after the date of vesting. The registration of the housing authority is to be effected subject to the Land Purchase Annuity or other annual sum payable to the Department of Agriculture, Food and the Marine or Commissioners of Public Works. A memorial is to be filed in the Registry of Deeds.

The following note is to be entered in Part 3 of the housing authority’s folio:

“The property herein is subject to any purchase annuity, payment in lieu of rent or other annual sum or portion thereof which may be payable under section 82(2) of the Housing Act 1966”.

2.2 Compulsory Acquisition of Registered Land

(i) If the purchase money or compensation does not exceed €19,046.07.

On lodgement of a receipt in the prescribed form, (Form No. 11 of the Housing Act 1966 (Acquisition of Land) Regulations 2000 [S.I. No. 454 of 2000]), by:

  • A registered owner of the property, or
  • A first chargee,

the housing authority may be registered as full owner freed from all burdens, charges, rights and equities affecting the lands acquired.

NOTE: Housing authorities invariably acquire the fee simple interest. In practice, compulsory purchase orders are not made merely to acquire leasehold interests.

Land Clauses Consolidation Act, 1845

NOTE: It should be remembered that sections 71 and 72 of this Act are unrepealed and that the provisions of section 72 now apply to cases where the purchase money or compensation does not exceed €19,046.07. It is not anticipated that applications by reference specifically to these sections will be lodged; if they are, a question may arise as to the proper mode of conveyance to the housing authority. This matter should be referred to the Deputy Registrar.

(ii) If the purchase money or compensation exceeds €19,046.07.

In these cases, a statutory receipt cannot be used. The acquisition may be effected by means of a transfer. In this case the housing authority will be registered as full owner subject to equities and registered burdens and rights unless they are cancelled on the acquisition by the authority.

Exception

If the purchase money or compensation does not exceed €50,789.52, (the euro equivalent of £40,000 as fixed by Section 31 of the Housing (Miscellaneous Provisions) Act 1992), and (a) it appears to the housing authority that the person making any claim for purchase money or compensation is not absolutely entitled to the land, or (b) that the title to the land is not satisfactorily shown to the housing authority the purchase money or compensation may be paid into the Circuit Court in which case the authority may be registered as full owner on lodgement of a deed poll with evidence that the purchase money or compensation has been paid into such Court freed from all burdens, charges, rights and equities affecting the lands acquired.

(iii) If the acquisition is effected by means of a Vesting Order under section 81 of the Act

Such Vesting Orders are to be dealt with in the Dealings Sections. On lodgement of the original Vesting Order (with map attached) and the appropriate fees, the housing authority shall be registered as full owner. The date of registration is to be the date of lodgement of the Vesting Order subject as hereunder. If the date of vesting is not 21 days or more later than the date of execution of the Order, the Order is not to be accepted for registration. If a Vesting Order is lodged prior to the date on which it vests the lands in the housing authority, the registration is not to be effected until after the date of vesting. Subject to notice in Form 28 on the owners of burdens, the registration of the housing authority as full owner shall be free from all registered burdens, charges, rights and equities except the Land Purchase Annuity or other annual sum payable to the Minister for Agriculture, Food and the Marine or The Commissioners of Public Works. Notice of the registration made is to be served on the registered owner of the folio.

If the acquisition is of all or part of a registered holding subject to an annual sum payable to the Department of Agriculture, Food and the Marine or Commissioners of Public Works, notice is to be served on the body to which it is payable.

The following note is to be entered in Part 3 of the housing authority’s folio:-

“The property is subject to any purchase annuity, payment in lieu of rent or other annual sum or portion thereof which may be payable under section 82(2) of the Housing Act 1966”.

All cases under the heading II (b) are to be dealt with in the Dealings Section.

NOTE: If the purchase money or compensation does not exceed €1,000,000, the housing authority may be registered free from equities on lodgement of a certificate in LR Form 13 of the Land Registration Rules 2012.

2.3 Acquisition by Agreement of Unregistered Land

Treat as an application for First Registration but

  1. If the purchase money or compensation does not exceed €1,000,000 the housing authority may be registered as full owner with an absolute title (or good leasehold title, as the case may be) on lodgement of the conveyance or other instrument accompanied by a certificate in LR Form 3 of the Land Registration Rules.
  2. If the application is not accompanied by a certificate in LR Form 3 and title is shown in the ordinary way grounded on affidavit in LR Form 1 or LR Form 2, the matter is to be referred to the Examiners Cross Functional Team to enquire into title.

2.4 Acquisition by Agreement of Registered Land

These cases should be dealt with in the Dealings Sections in the same manner as normal transfers. Registration will be made subject to equities.

Exception

Where the compensation or purchase money does not exceed €1,000,000, the notice of Equities may be cancelled on lodgement of a certificate in LR Form 13 of the Rules. Where an application in LR Form 13 is not lodged, the notice of Equities may be cancelled on application under the Rules.

3. Housing Loans and Grants

3.1 Loans

Where a charge is created to secure an advance made under section 40 of the Act for the reconstruction repair or improvement of a house, no Prohibition Note is to be entered.

The Housing (Loans and Grants) Act 1962 was repealed by the Housing Act 1966. (See 1st Schedule thereto.)

3.2 Grants

Under no circumstances should a caution or inhibition be entered on a folio in respect of any grant made under this Act or previous Housing Act. If any application is made for the entry of such caution or inhibition, the solicitor is to be informed that in the opinion of the Authority the making of the grant does not create an unregistered right in to or over the property but that the claim of the Minister or the housing authority in the event of breach of the statutory conditions is in the nature of a simple contract debt and that the procedure for enforcement of same is provided in section 34 of the Act.

In cases, however, where the registered property is charged with repayment of the Grant by the registered owner, the matter is to be referred to the Divisional Manager.

4. Registration of Cottage Plots under Labourers Act 1936 and dealing therewith after registration

4.1       First Registration of Tenant Purchaser under said Act

  1. Vesting Orders under the Labourers Act 1936 shall be dealt with in the Dealings Section. On lodgement of a copy of a Vesting Order, made under section 17 of said Act, a map of the plot, LR Form 17, and the appropriate fees, the person in whom the plot is expressed to be vested shall be registered in a new folio as full owner expressed thereof as of the date set out in said Order as the vesting date. If the vesting date is not the next day for payment of the cottage purchase annuity following the date on which the Vesting Order is executed by the housing authority, the Vesting Order is not to be accepted for registration. However, if a Vesting Order is lodged which purports to vest a cottage on a date not later than 31st December 1964, and the vesting date expressed in the Order is a day other than the gale day which next followed the date of the Order, it may be registered as of the vesting date expressed in the Order.
  2. The entry of the Prohibition Note and Annuity in Part 3 shall be in accordance with the sample entries appended hereto and marked “A”.
  3. Where a person other than the housing authority is registered as owner of the land comprised in the Vesting Order notice is to be served on such person and on all owners of burdens on the folio. Care should, however, be taken to ensure that notice should not be served until registration is completed. If the land is unregistered, no notice is to be served.
  4. No caution or inhibition in favour of the housing authority is to be entered on the folio.
  5. If the Vesting Order purports to vest the lands in a person other than as beneficial owner, e.g. “X the personal representative of Y”, the person who lodged the Order is to be informed that the Order appears to be invalid and should be withdrawn. If the Order is not withdrawn, the directions of the Deputy Registrar should be sought as regards refusal of registration.
  6. Registration of the tenant purchaser is to be effected in all cases free from equities and burdens other than those set out in (1)(b) supra.
  7. Unless, in the case of registered land, the parent folio either:

(i) contains a note to the contrary or
(ii) is silent as to mines and minerals, the following note should be entered on the new folio:-
“The registration does not extend to the mines and minerals”.

4.2 Post-registration dealings

(1) Transfers

During the payment period, transfers of the entire cottage plot can be effected only with the consent of the housing authority. If such consent is not obtained, the transfer is void and registration should not be effected until such consent is obtained. If, however, the transfer was executed prior to the coming into operation of the Act, the transfer appears to be merely voidable at the option of the housing authority and section 24 of the Labourers Act 1936 provides the remedy. If the entire plot is transferred to the housing authority, the authority is to be registered as full owner discharged from the Cottage Purchase Annuity and freed from the statutory conditions and restrictions in sections 17 and 21 of the 1936 Act. Of course, when the payment period has expired, transfers can be registered without the consent of the housing authority.

(2) Sub-divisions

During the payment period, a cottage plot can be subdivided with the consent of the housing authority. The consent of the Minister for the Environment, Community and Local Government to the sub-division is not required whether the sub-division occurred before or after the Act. A sub-division by devise or by operation of law does not require any consent. Of course, when the payment period has expired subdivisions can be registered without the consent of the housing authority.

Where the subdivision is effected by means of a sale or transfer, the authority will require redemption of the annuity in respect of the plot (or part of the plot) alienated. When the annuity is redeemed, the statutory conditions and restrictions in section 17 and 21 of the Labourers Act 1936, ceased to affect the plot redeemed and should be cancelled in relation thereto.

(3) Restrictions on Mortgaging and Charging

An important change in the law in this respect is effected by section 98(1) of the Housing Act 1966. Under section 21 of the Labourers Act 1936, mortgaging or charging of a cottage during the payment period was always void. Under section 98(1) of the Housing Act, such mortgaging or charging is not void if the consent of the housing authority is obtained. This section is retrospective in its operation.

Easements, e.g. a pipe line or a right of way may be registered or an inhibition may be entered on the register to protect the grantee of the exclusive use of part of a property not being an exclusive right of residence (vide section 81 of the Registration of Title Act 1964). Any question as to whether a dealing is a mortgage or charge within the section should be submitted to the Deputy Registrar for direction. A Judgment Mortgage may be registered after service of notice on the registered owner, the housing authority and the judgment debtor. It is open to any person interested to proceed under Rule 113 of the Land Registration Rules 2012, to have the Judgment Mortgage removed from the register.

Of course, when the payment period has expired, mortgages and charges can be registered without the consent of the housing authority.

(4) Death of owner before Vesting

If the registered owner was dead at the date of the vesting of the cottage plot in him/her, the Vesting Order and the registration made there under is void. If this is ascertained in the examination of a dealing or application, the applicant’s solicitor is to be informed of the position and asked to withdraw his/her dealing or application. If not withdrawn, registration of the dealing or application is to be refused. In either case, the folio and documents are to be then sent to the Records Section to obtain an Order of the Authority for the re-registration of the housing authority on the existing folio and for the cancellation of the Prohibition Note and Cottage Purchase Annuity.

4.4 Amendment of Prohibition Notes and Devolution Notes

Before any entry is made on, or copy folio issued in respect of a folio in which a cottage plot is registered pursuant to the Labourers Act 1936, the following alteration should be made to the Prohibition Note hitherto entered in such cases:-

“The Property is subject to the statutory conditions in section 17(2) of the Labourers Act 1936, and to the restrictions against mortgaging or charging in section 21 of that Act as amended by the Housing Act 1966, until the annuity at Entry No. 2 has been determined.

The following alteration should be made to the Devolution Note:-

“The devolution of the property is subject to the provisions of Part II of the Succession Act 1965”.

5 Charging Orders made under Section 71(1)(c) of the Housing Act 1966

A housing authority is empowered by section 71 of the Act to make a charging order for certain purposes and is required to lodge same for registration. The form of entry will be settled on receipt of the first of such Orders. On lodgement of such a charging order, the order is to be registered as of the date of its lodgement in the Registry.

The Housing Act section 74(4) was amended by the 2009 Act to allow for the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act, 2009” for “mortgage made by deed within the meaning of the Conveyancing Act, 1811-1911”, and the substitution of “that Act” for “those Acts” in both places where this occurs.

6 Section 39 Restriction Note

Section 39 of the Housing Act 1966 was repealed by section 37 and the Schedule of the Housing (Miscellaneous) Provisions Act 1992. Section 40 of the 1966 Act had previously been repealed by section 23 and the Schedule of the Housing (Miscellaneous) Provisions Act 1979.

The 1992 Act Prohibition Note should generally be entered for all Housing Authority charges, other that contingent charges securing the claw back provisions of affordable housing or charges to which section 90 of the Housing Act 1966, as amended refers. In any case of doubt, a direction should be sought from a Higher Executive Officer or Divisional Manager.

7 Housing Act 1988

7.1 Mortgages or Leases of houses sold or leased by housing authorities

Section 17 of the Housing Act 1988 provides that where a housing authority has given its consent to a mortgage (which includes a charge) of a house sold or leased by it under section 90 of the Housing Act 1966 the housing authority shall be regarded as having consented to any further mortgage or consolidated mortgage by the same mortgagor and to the exercise by the mortgagee of his powers under any such mortgage. The consent of the housing authority to any further mortgage in such a case is not therefore to be sought.

It also provides that where a mortgagee who has exercised his/her powers under a mortgage to sell a house which was subject, under section 90 of the Housing Act 1966 to special conditions, the conditions shall no longer apply in relation to that house from the date of the sale. In such a case the entry relating to the special conditions is to be cancelled.

7.2 Discharge of registered charge

Section 18(2) of the Housing Act 1988 provides that where, in relation to registered land, all moneys secured by a charge have been fully paid, a housing authority shall and any other mortgagee may issue to the registered owner of the land a receipt under the seal of the housing authority or other mortgagee, which shall for the purposes of section 65 of the Registration of Title Act 1964 be sufficient proof of the satisfaction of the charge. Instead of a formal release or discharge of the charge, a receipt, as in the case of a building society receipt, may now be accepted if it is endorsed on the original, counterpart or certified copy of the charge. If it is not so endorsed but clearly refers to the charge and identifies the registered land charged it may also be accepted. Otherwise an affidavit in LR Form 57B of the Land Registration Rules 2012 adapted must be sought.

Provision is also made in section 18 of the Housing Act 1988 for the vacate of a mortgage of unregistered land registered in the Registry of Deeds.

7.3 Repeal of Section 20 of the Labourer’s Act 1936

Section 20 of the Labourers Act 1936 (which related to the amendment of vesting orders under that Act by Ministerial Order) and section 102(3) of the Housing Act 1966 have been repealed by section 30(1) of the Housing Act 1988 and the Schedule thereto. Amendment of the Land Registry map in such cases will be made on production of the same evidence as is required in other cases relating to registered land, namely a deed of rectification by, or, in appropriate cases, consents of the registered owners concerned.

 

Frank Treacy

Deputy Registrar

01 December 2009

Updated 20 June 2014

 

Appendix A

LAND REGISTRY

County ………….. Folio ………….

PART III – BURDENS AND NOTICES OF BURDENS

The Property is subject to the statutory conditions in section 17(2) of the Labourers Act 1936, and to the restrictions against mortgaging or charging in section 21 of that Act as amended by the Housing Act 1966, until the annuity at Entry No. 2 has been determined.

2 …………….. 20….)     A cottage Purchase Annuity of € : : : for .. years

No…………………. )      payable by instalments of € : : :.

[NAME] County Council is owner of this Annuity.