COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, January 09, 2017

MOTION NO.3

MOTION: Councillor E. Murphy

That this Council requires that all voluntary housing authorities, who are managing properties and supporting families on behalf of the Council across the County be explicit in their directives and to inform the Council of any changes to those directives with regard to the duration of tenancies; appreciating that the acquisition of units through the NAMA Special Purpose Vehicle (NARPS) in mid-2015 was a pioneering approach to attempt to tackle the housing issues facing the County and noting that 18-months later the same families who were housed from hotel accommodation through this development are facing re-entering hotel and temporary accommodation due to an 18-month maximum tenancy duration directive from the voluntary housing body TUATH. 

REPORT:

South Dublin County Council enjoys a very good working relationship with the various voluntary housing bodies who provide and manage properties on behalf of the Council. The property type, tenure and management responsibilities are clearly defined at an early stage to ensure nominations by the Council are appropriate to the accommodation being provided.

The model supported by Tuath and the Council at Tallaght Cross enables the Council to move families and children out of hotel accommodation and into transitional accommodation with the aim of moving on and exiting Homeless Services via HAP or local authority housing.

The Tallaght Cross units have been designated as transitional housing by South Dublin Co Co and relevant notification given to the DoHPCLG of same. The maximum occupation time granted under a transitional tenancy agreement is 18 months. Under the 2015 Residential Tenancies (Amendment) Act on expiration of the 18 months period the tenant will acquire Part 4 rights.

It has been confirmed that from a legal perspective Túath must serve Notices of Termination on all tenants residing in Tallaght Cross Transitional housing units coming up to an 18 months to ensure Part 4 rights are not acquired. The termination notice required under the Act for tenancies over 12 months and but under 18 months is 42 days.

Where a family is served a Notice of Termination, the Council will provide accommodation by means of another placement or self-accommodating option. The resulting vacancy will be offered to another family in homeless services.

To the summer 2016 9 families accommodated in Tallaght Cross have exited under the HAP Scheme and 16 move ons have been via local authority housing with an additional 5 families nominated to other Approved Housing Bodies.  At any time there are 64 families in Tallaght Cross.

Increasingly families in the facility and indeed other homeless facilities are reluctant to seek accommodation under the HAP Scheme and instead will hold out for a Social Unit with the Council. This is being said very openly and is being reported back to the Council. Furthermore, there has been one instance recently whereby a family who were served a Notice of Termination as they were coming up to 18 months were offered local authority housing appropriate to their needs and in their area of preference but refused this offer.

All families in Tallaght Cross are assigned a Key Worker to assist with their search for accommodation under the HAP scheme. 18 months is considered a reasonable period of time to source alternative accommodation and the Council has managed to source and assist in sourcing suitable accommodation to meet their needs in that timeframe.