COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF LUCAN AREA COMMITTEE

Tuesday, May 23, 2017

MOTION NO. 14

MOTION: Councillor G. O'Connell

"That the Chief Executive advise what the policy and practice of this Council is for dealing with tenants who are supported/placed by this Council in rented accommodation in private estates and who subsequently become a nuisance and make life intolerable for their neighbours."

REPORT:

All Council tenants including those allocated dwellings within "private estates" are met by a member of the Estate Management Team prior to signing their Tenancy and their obligations to comply with the terms set out their Tenancy Agreement which includes clauses in respect of behaviour which cause nuisance to other residents within their neighbourhood are outlined them. Follow up meetings also take place with new tenants. The Council have no role in the behaviour of tenants who rent private dwellings with assistance through HAP or RAS as their tenancy contract is direct with the owner of the dwelling and all situations should be dealt with through Rental Tenancy Board.

If complaints are received in respect of the behaviour of any Council tenants/members of their household, they are investigated by the Estate Management Team. Through the work of the Estate Management Team, Housing Welfare and other agencies such as An Garda Síochána and Mediation Services satistfactory resolutions to the majority of situations are achieved.

Where people are being "caused Nuisance" or are the subject of Anti-Social behaviour by Council tenants there is action open to the Council if they can substantiate the "Nuisance" 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