COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 09, 2019

QUESTION NO. 47

QUESTION: Councillor Mary Seery-Kearney

To ask the Chief Executive to provide a report in relation to actions taken by the Council against Council tenants to enforce the clauses of tenancy agreements, the number arising in an annual period, time taken from complaint to execution of the action to enforce the clause, and if he would care to make a statement in relation to the matter.

REPLY:

Complaints received in respect of breaches of tenancy are categorised and assigned to an allocation support officer for investigation within 5 working days.

Complaints are investigated (without endangering the complainant) and where sufficient evidence exists, the alleged offending tenant will be requested to attend for interview.  At the interview the will be reminded of their obligations under the Tenancy Agreement and the consequences of breaching their tenancy agreement will be outlined.  Following the interview, where appropriate, a written Tenancy Warning may issue under section 7 (in relation to anti-social behaviour) and/or Section 9 (other breaches of tenancy) of the Housing (Miscellaneous Provisions) Act 2014.  The Act requires the Council to specify the following when serving the Tenancy Warning: the specific tenancy agreement clause breached; what actions the tenant is required to take to ensure that the breach does not continue; the tenant's right to apply for a Review under Section 10 of the Act; and to notify the tenant 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.

Under Section 7 of the Act, the Council are required to also specify the following in relation to the anti-social behaviour: who breached the Clause, (tenant, member of tenant’s household, visitor to tenant’s household); date and time of breach and details of breach, (specifics of the anti-social behaviour, nuisance and/or annoyance).

A tenant who has been served with a Tenancy Warning Notice has the right to appeal this notice internally within the Council in the first instance and can seek to give oral evidence in the appeal.  It should be noted that if the breach of tenancy is in relation to matters under the remit of An Garda Siochana, they should in the first instance be reported to An Garda Síochána 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 breach of tenancy.  Where both parties are willing, the Council can also refer tenants and their neighbours to South Dublin Mediation Services, an independent body, in a bid to resolve issues.

From January 2019 to the end of July, 2019 384 incidents of breaches of tenancy have been reported to the Council for investigation resulting in 3 warnings being issued under Section 7, 11 warnings under Section 9 and a further 80 initial written warnings being issued.