Council Tenancies

Waiting List & Allocation

A person who is accepted as eligible for social housing and in need of housing is placed on a waiting list.  This is the record of qualified households.  The housing authority will notify other housing authorities  whose functional area the applicant has specified as an area of choice.

The applicant may specify up to three areas in which he would choose to live.  At least one of them must be in an area of the housing authority and the others may be in that functional area or within the same county.  If the person does not have a connection with the housing authority’s functional area but is accepted, he may pick areas of choice within that functional area.

Housing authorities draw their own rules for deciding priority.  This is the scheme of priorities letting. commonly referred to as a point system.  It is published by the authority.  It ranks households on the list in accordance with circumstances.

Applicants are entitled to request local authority for their status on the list.  Their status on the list may change in accordance with circumstances of other persons and the applicants themselves.  Most list  prioritize families and older persons.

As residential accommodation becomes available, they are allotted in order of priority taking account of the circumstances of the accommodation and the applicant.

Letting

When the local authority offers accommodation, it assesses eligibility and needs, reaffirms whether the application is valid, and considers the connection with the area of choice. An applicant who is offered a house in an area he does not want may refuse it. However, if the local authority deems the refusal unreasonable, it may reduce his priority on the list.

If a member was previously on the list, he will not be allocated housing if he has damaged local authority housing  without repairing or  paying for repairs, breached terms of agreement or built up more than 12 weeks’ arrears without a payment or arranging for payments. Exceptionally local authorities may consider providing social supports to persons in these circumstances.

Local authority housing is let unfurnished. Rents are based on income.  The income of householders is considered.  Deductions are allowed for the number of persons in the household.

Each local authority has its own scheme.  It  has a maximum and minimum rent which may change. There is an obligation to disclose changes in household income. If there is a case of hardship, the local authority may reduce the rent.

Inheritance and Transfer

It is possible to inherit a local authority house from a tenant who has died.  It is usually required that the tenant who is taking over the tenancy has resided and is related.  There may be requirements for a minimum number of years’ residence.  Each local authority has its own rules.

Local authorities allow for transfers between local authority rented houses.  They establish a transfer list. A person may register on the transfer list if he has lived in the house for a minimum period of years, does not have rent arrears and it is in good condition.

Persons may arrange for a private transfer by finding someone else who wishes to swap.  This must not result in any overcrowding. It is possible to arrange a private transfer in exchange with a person in any different authority. It may be possible in some  circumstances to swap with an authority in the United Kingdom.

Reconstruction and Improvement

A housing authority may, with the consent of the Minister, carry out reconstruction or improvement works to a house included in a group of houses  where that house has been sold or leased by the authority.

Where a housing authority carry out works to a house , they shall require the owner or lessee of the house to make such contribution as the authority may see fit or the Minister may direct towards the costs incurred by the authority. A contribution due to a housing authority  shall be recoverable by them as a simple contract debt in any court of competent jurisdiction.

The Minister may specify such requirements as he sees fit regarding the carrying out of environmental or ancillary works on houses to which this section applies.

Housing Authority Rents

The Housing Authority may provide properties to rent. Schemes are made with the approval of the Department. The 2009 Act provides uncommenced provisions in respect of a rental scheme.

The charging of rents and other charges are executive functions of the Council  exerciseable under the Chief Executive  A copy of the rent scheme is to be made available to the public and on the Council’s website.

Housing Authorities provide various schemes on a non-statutory basis. The differential rent scheme reflects the statutory version. Rent is calculated on the basis of income with a minimum rent and provision for review and a hardship clause.

The Housing Authority is entitled to require information from a household. It may require details of

• number of members of the household
• age occupation, health of each member
• weekly income of each member
• any benefits allowance and assistance received by the household
• means of transport available to the household and its cost

Information may be required in relation to

• current household housing arrangements
• rent payable
• details of the landlord of previous dwellings or sites provided by the housing authority.

The information request must be responded to within 14 days. Knowingly providing false information is a criminal offence subject on summary conviction to a fine up to €2,000.

Monies owed to a housing authority are subject to interest at a rate not to exceed the rate of interest on civil judgements. Interest becomes payable from the due date to the date of actual payment.

The authority may enter into arrangements with a household where the household would otherwise suffer undue hardship. This may provide for payment by instalments as the housing authority considers reasonable in the circumstances. They may cover rent charges and loan repayments.