Dáil Éireann Debate, Tuesday - 18 September 2018
787. Deputy Michael Healy-Rae asked the Minister for Housing, Planning and Local Government the details of the legislation regarding tenancy agreements and anti-social behaviour (details supplied); and if he will make a statement on the matter. [37243/18]
Amharc ar fhreagraThe tenancy agreement, which is the legal basis of the relationship between a housing authority and its tenants, will generally contain provisions in relation to anti-social behaviour. The Housing (Miscellaneous Provisions) Act 1997 provides for a court order on application by the tenant, tenant purchaser or the housing authority or approved body concerned, which has the effect of excluding a household member engaged in anti-social behaviour from the dwelling and, if appropriate, from the estate in question for a maximum period of three years. The Act also empowers a housing authority to refuse to allocate or sell a dwelling to a person engaged in anti-social behaviour or in the interest of good estate management.
The Housing (Miscellaneous Provisions) Act 2014 strengthened the powers of housing authorities in relation to securing excluding orders where there is anti-social behaviour in their housing stock. Part 2 of the 2014 Act prescribes procedures to deal with serious breaches of the tenancy agreements for their dwellings, including anti-social behaviour and strengthens the power of housing authorities to recover possession of their dwellings from households in serious breach of their tenancy agreements, including engaging in anti-social behaviour. The use of the available powers in any individual case is a matter for the housing authority concerned.
