Dáil Éireann Debate, Wednesday - 14 November 2018
115. Deputy Peadar Tóibín asked the Minister for Housing, Planning and Local Government the powers that local authorities have in terms of tenancy agreements in dealing with families that have continually broken the law and disturbed the peace. [47048/18]
View answerActions to deal with law-breaking and disturbances of the peace, as well as anti-social behaviour in respect of all types of tenancies, is primarily a matter for An Garda Síochána.
Local authorities are responsible, under the Housing Acts 1966-2014, for the management and maintenance of their housing stock and the management of their estates, including taking appropriate measures to counter anti-social behaviour by their tenants. Part 2 of the Housing (Miscellaneous Provisions) Act 2014 put in place a new procedure for securing possession of local authority housing involving a hearing of the merits in the District Court in disputed cases. It also provides local authorities with power to secure court orders excluding individuals engaged in anti-social behaviour from local authority housing and estates.
Sections 6 to 12 of the 2014 Act set down revised procedures for housing authorities to deal with serious breaches of the tenancy agreements for their dwellings, including anti-social behaviour. The Council may issue a tenancy warning in relation to a breach (sections 7 to 9) and the tenant may seek an internal review of the issue of the warning (sections 10 and 11). Where the breach of the tenancy agreement continues or is repeated, the Council may seek a possession order in the District Court, which will adjudicate on the merits of the proposed recovery where the tenant disputes the grounds for it (section 12). Recovery of possession by the housing authority has the effect of terminating the tenancy in the dwelling. Any party to a possession application may appeal the District Court’s decision to the Circuit Court.
