COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, June 20, 2018

MOTION NO. 18

MOTION: Councillor T. Gilligan

"That this committee agrees to address the issue of RAS tenants in Clondalkin leaving their residencies in an unsatisfactory state. Specific address/ landlord information supplied."

REPORT:

This property in Clondalkin was contracted to the Council under the Rental Accommodation Scheme from 1/12/2007. The tenant of the property, who took up the tenancy on 19/12/2007, was included in the RAS Fixed Transfer List and was approved for a transfer to alternative accommodation in September 2017. As part of the transfer process the Landlord was requested to carry out an inspection of the above property to ascertain if it was being maintained in a reasonable condition by the tenant. The purpose of the inspection is to satisfy the Council that the tenant is not in breach of their tenancy agreement and to  allow time for the tenant to be notified of and to attend to any items of repair for which he/she might be responsible. The Council may defer or cancel a potential transfer to allow these matters to be addressed.

The Inspection form was completed and returned.  It did not indicate that there was any damage or repairs needed and the transfer proceeded.  The Tenant completed a surrender of tenancy form with the Council in respect of this property on 5/9/2017 and it is understood that the keys were handed back to the Landlords on 9/9/2017.

The property at that stage was subject to a RAS Availability Agreement with the Council which did not expire until 2024 and the Landlords had indicated that the property would be available for re-letting under RAS once refurbishment works had been carried out. As provided under the scheme the Council continued to make rent payments during the void period.

Shortly after the Tenant vacated, the Landlords submitted a claim for compensation for damages/items which were alleged to be the responsibility of the Tenant.  There is provision in the RAS Contract for the Council to reimburse Landlords for the cost of repairs, up to a maximum of one month's rent, where the outgoing tenant is deemed to have caused damage which goes beyond normal wear and tear.  Accordingly the claim submitted by the Landlords in this case was referred to the Council's Inspector to arrange an inspection of the property and submit a recommendation.

In the meantime, the Landlords informed the Council on 24/10/2017 that they were withdrawing the property from the RAS scheme and accordingly the claim was not pursued with the Inspector. At that stage the Council had paid an additional two months rent for October and November, as payments are made in advance, whist the property was under repair and in the circumstances it was considered that the payment of the additional rent could have offset any damages for which the Council/Tenant may have been liable particularly as the Tenant has disputed some of the claims made by the Landlord.