COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 09, 2026

QUESTION NO. 27

QUESTION: Councillor F. Timmons

To ask the Chief Executive to outline the procedures for removing a named person from a tenancy or lease where a barring order or safety order is in place, and where risk is substantiated by An Garda Síochána and/or a recognised women’s refuge.

REPLY:

A Safety Order is an order issued by the court which prohibits an individual from committing further acts of violence or making threats of violence. A Safety Order is insufficient grounds to remove a joint tenant or occupier from a rent account, unless the order explicitly prohibits the individual from residing at the property. 

A Barring Order is a court-mandated directive that requires an individual to vacate the home and prohibits them from re-entering the property. A Barring Order serves as sufficient evidence to remove an individual as an 'occupier' from a rent account and the income of an excluded tenant may be disregarded for the purpose of rent calculation. However, the joint tenant will remain a named tenant on the tenancy until they submit a surrender to terminate their tenancy.

An occupier may be granted permission to reside at a council property and may be assessed for rent purposes; however, this does not grant an automatic right to succeed to, or transfer, the tenancy. A barring order obtained by an occupier does not constitute sufficient grounds for the involuntary removal of a sole tenant from their tenancy. As the tenant has entered into a formal legal tenancy agreement with the local authority, they retain specific legal rights under current housing legislation