Unfitness & Disrepair
The District Council, if satisfied that the dwelling house is unfit for habitation, may serve a notice if it believes this is the most satisfactory recourse, serve a notice of unfitness. The notice is served on the tenant, the Housing Executive, and the rent officer, as well as the landlord/owner.
A notice of unfitness requires persons to execute specified works within a reasonable period, rendering the dwelling house fit for habitation.
A notice of disrepair may be served where a premises is fit for habitation but there are substantial repairs necessary to bring it up to a reasonable standard having regard to its age, character, or location. It may also be served based on a representation by the tenant that the dwelling house is in such a state of repair that it interferes materially with the personal comfort of the tenant.
If the District Council is satisfied that the premises or flat is in a state of disrepair, it may serve a notice.
The Department of the Social Development may publish guidelines in relation to factors to be taken into account in relation to notices.
Before serving a notice of unfitness, the appropriate dwelling house is to consult a Housing Executive. The District Council is not to serve a notice of unfitness if the Housing Executive indicates that it intends to exercise its powers under housing legislation.
A person aggrieved by a notice of disrepair or unfitness may appeal to the County Court within 21 days. The court may cross-confirm or confirm the notice.
It is an offence to fail to comply with the notice of unfitness or notice of disrepair. If the notices are not complied with within the appropriate period, the District Council may enter the premises, do the work, and recoup the expenses from the owner or the person on whom the notice was served.
Expenses due to the Council are deemed charged on the property, enforceable as a mortgage by deed. It is to be entered in the statutory charges register.
The notice of unfitness may require payment in respect of expenses incurred in connection with serving the notice. A person authorized by the District Council may, at any reasonable times and giving at least 24 hours’ notice to the occupier, enter a dwelling house for the purpose of survey and examination.
Where it appears necessary to determine whether the above power should be exercised, a person authorized by the Council may, having given six days’ notice of intention to do so to the occupier and owner if no one enters the dwelling house for the purpose of doing necessary work to remediate the above position.