COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF LUCAN AREA COMMITTEE

Tuesday, September 27, 2016

QUESTION NO. 10

QUESTION: Councillor G. O'Connell

"To ask the Chief Excecutive to outline the options open to Council Tenants who are being traumatised by neighbouring Council Tenants?"

REPLY:

"Where people are being "traumatised" by Council tenants there is action open to the Council if they can substantiate the "trauma" or Anti Social Behaviour.  It should be noted that if such issues are in relation to matters which come under Garda jurisdiction they should in the first instance be reported to An Garda Siochana and then to the Council . Any action open to the Council requires us to be fair in its investigation and any actions taken to be proportionate to the Anti -Social behaviour or "trauma" in question.   

In the instance of complaints the Council will investigate them without endangering the complainant and will if sufficient evidence exists request the alleged offending tenant to attend for interview.  At the interview we will bring to their attention their obligations under the Tenancy Agreement and outline the consequences of breaching their tenancy agreement.

Following the interview , if warranted a written Tenancy Warning may issue in this regard.

The Housing (Miscellaneous Provisions) Act 2014 provides for the serving of Tenancy Warnings under Section 7.  In serving a Notice under Section 7 the Council are required to specify the following:

  1. Clause of Tenancy Agreement breached
  2. Who breached the Clause, (tenant, member of tenant’s household, visitor to tenant’s household)
  3. Date and time of breach
  4. Details of breach, (specifics of the anti-social behaviour, nuisance and/or annoyance)
  5. What actions the tenant is required to take to ensure that the breach does not continue.
  6. Tenants right to apply for a Review under Section 10
  7. Indicate that if the breach continues or is repeated within 12 months the Council may apply for a Possession Order without issuing a further Tenancy Warning.

It should be noted that the tenant who has a Tenancy Warning Notice served on them has the right to appeal internally in the first instance and can seek to give oral evidence in the appeal. 

The Council also, where both parties are willing, can refer tenants and their neighbours to South Dublin Mediation Services, an independent body, in a bid to resolve neighbour issues and make tenants aware of how their behaviour impacts on others.  This service is free to tenants and their neighbours."