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Dáil Éireann díospóireacht -
Tuesday, 5 Nov 1963

Vol. 205 No. 6

Ceisteanna—Questions. Oral Answers. - Decrees for Possession of Houses.

26.

asked the Minister for Justice if, in view of the present housing shortage and the inability of the Dublin Corporation to provide accommodation for families evicted from private houses through no fault of their own, he will consider making a public appeal to landlords to delay execution of decrees for possession until such time as the Corporation are in a position to deal with such cases.

I presume the Deputy is mainly concerned with decrees for possession in the case of privately-owned dangerous buildings. I understand that in these cases decrees are given only when the courts are satisfied that continued residence in the building would be a real risk to the lives of the tenants and their families.

Is the Minister aware that the situation in Dublin today is that private landlords are evicting families—husbands, wives and children—and putting the houses on the market?

We could hear much better without the amplification.

Could the Minister not take some steps to prevent this, in view of the position in Dublin Corporation?

I have no function at all in regard to the matter, but, for the information of the Deputy, I have ascertained that the courts in these cases will grant an ejectment order only if they are satisfied beyond any shadow or doubt that continued occupancy of the building will mean that the tenants will be in danger of their lives.

Is Deputy Sherwin not looking after that matter?

My question relates not only to dangerous buildings but also to private houses of which families have been in occupation for many years and because of the state of the property market at the present time, landlords seem to be getting decrees for possession very easily in the courts. It is a matter that is of concern to active public representatives in Dublin Corporation that they cannot be of any help to these people. Something should be done.

There is no question of any change in this regard. The law is there to govern the relations between landlords and their tenants and, indeed, leans very heavily in favour of tenants and in most cases of rentrestricted properties, the tenant is completely protected and a landlord can only get a decree for ejectment in accordance with the law. I have no function to decide how the courts should interpret the law in this regard.

Surely it is somebody's job to prevent people being put out on the street and then into the Mendicity Institute?

As I have already explained, in the cases which have attracted public attention in this regard where landlords have procured ejectment orders, it is simply to protect the lives of the tenants concerned and the courts will give ejectment orders only in those cases where continued occupancy would involve a risk to the lives of tenants.

They will not survive long sitting on the sides of the streets.

Is it not a fact that private landlords are evicting tenants so that they can re-let the houses at abnormal rents?

Deputy Barron need not try to attribute the failings of the Dublin Corporation to me or to the courts.

Or the Government?

He just does not give a damn.

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