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. 12

QUESTION: Councillor P. Holohan

To ask the Chief Executive what procedures apply when a relationship breaks down between joint occupants of a council property, specifically regarding the eligibility of the departing tenant to access the housing waiting list or homeless services?

REPLY:

Our Allocation Scheme outlines the policy in respect of the breakdown of a joint tenancy. It states that where there is an existing tenancy of a dwelling provided by the council to tenants who were married but who have executed a Deed of Separation or obtained a Decree of Judicial Separation or Divorce, the council will have regard to the terms of such agreement or court order, insofar as it relates to the status of the tenancy. In cases where a Property Adjustment Order has been made by court order, the council will give effect, subject to the terms of the order to any such order transferring the tenancy to a sole tenant, provided a certified true copy of the court order is furnished to the council. If the order is unclear in its effect, the applicant must ensure it is clarified or corrected.

In cases where a sole tenant vacates a dwelling provided by the local authority, leaving a spouse, cohabitant or civil partner in occupation, we may, after due consideration of all known and relevant circumstances approve the allocation of the dwelling to the remaining spouse, cohabitant or civil partner (if any), provided:

-A Form of Surrender, witnessed by a practising solicitor, is signed by the tenant and delivered to the council.
-The remaining spouse, cohabitant, or civil partner has resided in the dwelling for at least two years, has been assessed for rent purposes, and is not the owner of any property; or, where the remaining spouse, cohabitant or civil partner left the dwelling for a period but subsequently returned, they must have resided in the dwelling with the lawful tenant, with the permission of the council, for at least one year prior to the tenant vacating, and must not own any other property.
-The remaining spouse, cohabitant or civil partner meets the eligibility criteria to qualify for social housing support with the council.

Applicants must furnish any additional information, including documents or other particulars, that we may reasonably request for the purposes of verifying information relating to their application. The following conditions will apply:

– There must be a clear rent account (this condition may be waived on exceptional compassionate grounds).
– Compliance with the terms of tenancy during the existing tenancy.
– Acceptance of the dwelling in its existing condition.
– The dwelling must meet the housing need of the applicant.
– The applicant must have no record of anti-social behaviour.

Former local authority tenants who apply for re-housing will only be placed on the housing list if the following conditions are met:


– A period of two years has elapsed since the surrender of the previous tenancy (this may be waived in exceptional circumstances).
– The rent account on their previous tenancy is clear, or a satisfactory arrangement acceptable to the local authority is made to clear arrears and is      maintained for at least six months. However, no offer of accommodation will be made until arrears are cleared.
– Compliance with the terms of the previous tenancy was satisfactory.
– Any costs incurred by the local authority in carrying out repairs that were the tenant’s responsibility must be refunded in full or repaid under a          satisfactory arrangement maintained for at least six months. Time on the list will accrue only when all outstanding charges are cleared.