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SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, October 12, 2015

QUESTION NO.3

QUESTION: Councillor J. Lahart

To ask the Chief Executive to report on what responsibilities the anti-social behaviour unit of the Council has in relation to properties housed under various council schemes in private rented accommodation and to make a statement on the matter

REPLY:

Under Section 45(6) of the Housing (Miscellaneous Provisions) Act 2014, the housing authority could refuse to provide or continue to provide housing assistance where the authority considers that any member of household is or has been engaged in anti-social behaviour.

In practise, tenants are generally in situ when making application for HAP.  HAP tenants are required to sign a Rent Contribution Agreement which includes under clause 9, "the HAP Claimant shall not engage in anti social behaviour or allow other members of their household to engage in anti-social behaviour within it or the vicinity of it".  It is clarified at this time, that if the HAP Claimant breaches the agreement the Council can instruct for the payment to cease.

It is also clearly outlined that the Local Authority are only making the payment on behalf of the tenant and the contractual relationship is between the landlord and tenant governed by Residential Tenancies Act 2004.  In this regard, enforcement is the responsibility of the Landlord which ultimately maybe determined through the PRTB.