COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF COUNTY COUNCIL

Monday, February 12, 2007

QUESTION 8

QUESTION: Councillor C. King

To ask the Manager to state the Council's position in relation to the responsibility of tenants for the boundary walls of their rented council properties, as tenants can not insure these walls against damage as these walls are in the ownership of the Council and therefore would have to endure large expenses to ensure the walls are fixed or maintained in the event of a collapse?

REPLY

Boundary walls are the responsibility of tenants. Tenancy Agreement ( Section 15 ) states as follows :   ' The tenant will be responsible for the proper maintenance or replacement of all boundaries to the house / garden including walls , fences or hedges / ditches forming part of the boundary of the house and garden '

Depending upon the situation Housing Department ( Maintenance , Estate Management and Allocations Support Sections ) may if it considers it appropriate and bearing in mind the particular circumstances of individual cases decide to repair or replace all or part of a boundary wall or walls.

However each case as it arises will be considered on its individual merits, and included in the circumstances where the Housing Department may consider it appropriate to exercise its discretion to carry our repairs or replacement of boundary walls are instances where the damage arises from third party vandalism ( reported to and confirmed by the Gardai ) or from weather / storm related incidents.

It is important to note that while the Housing Department may exercise discretion in carrying our repairs or replacement of boundary walls , the primary responsibility for their upkeep , repair and maintenance will continue to lie with the tenant and the Housing Department does not propose to change or remove this responsibility.

Housing Department is currently engaged in a comprehensive review of its Tenancy Agreement but it is not envisaged that responsibility for boundary walls will be changed from the present position save for the exercise of discretion in exceptional circumstances.