asked the Minister for Local Government if he will state the text of the Local Government circular addressed to housing authorities concerning the sale of vested cottages under the Labourers Acts.
Written Answers. - Sale of Vested Cottages.
73.
Following is the text of circular letter H.7/59 of 28th May, 1959, regarding the sale of vested cottages, which was addressed to each rural housing authority:
LABOURERS ACTS.
Sale of Vested Cottages.
A Chara,
I am directed by the Minister for Local Government to state that he has given special consideration to the experience of housing authorities, as evidenced by the nature of representations conveyed to the Department from time to time, in regard to the sale of vested cottages. In the light of that examination he suggests that the administrative principles set out herein may be of assistance and guidance to housing authorities generally.
STATUTORY PROCEDURE.
1. The vesting of a cottage is subject to prescribed conditions which inter alia restrict the purposes for which the cottage may be used and govern alienation of the cottage. [Section 17 (2) (d) (ii) and (iii) of the Labourers Act, 1936]. The prescribed conditions continue to apply during the period in which the purchase annuity is payable, notwithstanding that the cottage may have been alienated by, for example, sale with the consent of the housing authority.
2. The Labourers Act, 1936, does not prevent a housing authority from giving its consent to the sale of a vested cottage to a person who is precluded by the conditions of vesting from using the cottage for his own accommodation but who satisfies the housing authority that the cottage shall be used for the accommodation of a qualified tenant.
3. In certain circumstances, the housing authority is empowered to suspend, with the consent of the Minister, any of the conditions of vesting which restricts the purposes for which the cottage may be used [Section 23 of the Labourers Act, 1936].
4. The Labourers Act, 1936, does not prevent the owner of a cottage from letting it, provided the letting does not contravene any of the statutory conditions which, at the time of letting, restricts the purposes for which the cottage may be used.
5. The power [conferred by Section 16 of the Labourers (Ireland) Act, 1885] which enables housing authorities to acquire by agreement any cottage for the purposes of the Labourers Acts exercisable in relation to a cottage vested under the Labourers Act, 1936.
ADMINISTRATIVE PRINCIPLES.
1. It is clear from the foregoing that a housing authority may in its own discretion consent to the sale of a vested cottage to a person other than a person who comes within the broad statutory definition of "agricultural labourer". This discretion has occasionally been exercised by housing authorities in consenting to sales to persons who would in the normal course be regarded as persons of the working classes rather than as agricultural labourers and whose need of rehousing is established. In such circumstances, the Minister has consented to suspension of the conditions which would otherwise preclude persons of this class from using the cottages for the accommodation of themselves and their families. Apart from meeting the needs of persons the rehousing of whom might ordinarily become the responsibility of the housing authority under the Labourers Acts, this procedure is, in the Minister's opinion, consistent with the recent tendency of legislation and practice towards integration of the rural and urban housing codes, including the narrowing of the statutory distinction between "agricultural labourers" and "persons of the working classes". The Minister, accordingly, sees no objection to consent being given by a housing authority to the sale of a vested cottage to a person of the working classes who, in the normal course, might not be regarded as an agri-
cultural labourer and who, in the opinion of the housing authority is in need of rehousing. In this regard he is prepared to consent to such suspension by the housing authority of any of the relevant conditions of vesting as may be appropriate.
2. It has been held by the courts that failure of the purchaser to reside in a cottage is not in itself a breach of any of the statutory conditions of vesting and accordingly that the housing authority cannot succeed in recovering possession of the cottage on that ground alone.
3. Housing authorities are obliged to enforce compliance with the statutory conditions of vesting, including that which requires the purchaser to maintain the cottage in good sanitary condition and repair [Section 23 Labourers Act, 1936]. It is important, therefore, that housing authorities should ensure that no vested cottage, particularly a cottage which is left vacant, is permitted by the purchaser to deteriorate or become insanitary. Housing authorities are empowered to initiate proceedings for recovery of possession where they are satisfied that the statutory requirement in this regard is not observed.
4. It has been the practice, for obvious reasons of policy, to dissuade housing authorities from purchasing any vested cottage in which the owner resides. The Minister considers, however, that he would not be justified in withholding his approval to the purchase by a housing authority of a vested cottage which is vacant if the withholding of such approval were to result in the cottage remaining vacant. In the exceptional circumstances, therefore, in which a vested cottage is vacant and recovery of possession by the housing authority pursuant to the Labourers Act, 1936, is not appropriate, he would see no objection to the purchase by the housing authority of such cottage to meet the ascertained housing needs of a person eligible and willing to tenant it, provided that no purchaser is forthcoming who is eligible and willing to use it for his own accommodation or who might reasonably be permitted to do so. It is to be understood that the Minister would not countenance the purchase of a vested cottage by a housing authority in competition with a person to whom it might in the normal course be sold with their consent under the provisions of the Labourers Act, 1936. The Minister is advised that should a vested cottage be purchased for re-letting by a housing authority, the relevant purchase scheme under which it was vested would cease to apply and that the housing authority would, accordingly, be obliged to make a new scheme under the Labourers Act, 1936, in respect of such cottage.
5. Should the owner of a vested cottage which is vacant propose to sell it to a farmer for the accommodation of the farmer's workman, the Minister would not object to consent being given by the housing authority to such sale rather than that the cottage should remain vacant indefinitely. The Minister wishes to make it clear that he visualises consent to such a sale being given only in the exceptional circumstances in which no other purchaser is forthcoming who is eligible and willing to use the cottage for his own accommodation or who might reasonably be permitted to do so. It is his opinion that the unrestricted sale of vested labourers cottages to persons other than persons of the classes who would normally be rehoused by the local authority would be an abuse of the fundamental principles of cottage purchase procedure. He is satisfied, however, that the enforcement by the housing authority of the statutory conditions governing the use of the cottage would, in the event of consent being given to a sale to a farmer for the accommodation of his workman, ensure that the dwelling would not be used for purposes other than those for which it was provided.
Mise, le meas,
J. GARVIN.
To/
each rural housing authority.