Social Rental Regulation

Social and Affordable Housing

The Residential Tenancies Act does not apply to dwellings let by or to a public authority including those to a housing authority. However, other special provisions apply in that regard.

Where a public authority provides a dwelling of which it is owner to an approved housing body under a contract or lease of that the dwelling, which is then the subject of a tenancy between the housing body and a household which has qualified for social housing, then the Act applies to the body.

Deemed Modification

The provisions of the Act are modified in respect of social and affordable housing to which the Act applies. The approved housing body is deemed landlord. The tenant is, in the case of a single occupier, that person.

Where the household is of two or more persons, whichever person has been granted occupation of the dwelling pursuant to the tenancy agreement, is deemed tenant. The provisions of the Act regarding multiple tenants, take effect accordingly.

Housing Act Arrangements

Local authorities draw up contracts with landlords to provide scheme lettings for persons with long-term housing needs. The local authority will pay rent directly to the landlord. They may require a contribution to the rent which will be paid to the local authority.

The local authorities will seek a reduction in rent in return for landlord not having to collect rents fill vacancies, for the strength of covenant and guaranteed payments. No deposits are paid under the scheme. Landlords with eligible rent allowance tenants may be approached by the local authority or may seek to participate in the scheme themselves.

Agreements

The scheme involves relationships between the local authority and the landlord, the landlord and tenant and the tenant and local authority. The local authority will enter a contractual arrangement with the accommodation provider to make the housing available under the scheme for an agreed term. This is negotiable. It may apply to any property new or old.

The local authority nominates the proposed tenant who signs a residential tenancy agreement with the landlord. This may be an existing tenant who was receiving rent supplement.

Agreements

There are model agreements under the scheme which may be subject to some variation.
The contracts maybe case by case for a particular property. There may be long-term arrangements which may be linked with Planning and Development Act Part V arrangements between developers and the local authority.

There may be more open arrangements between landlords and authorities where local authorities have a right to nominate certain persons for occupation where landlords have a number of units available.

Local authorities will agree to transfer jointly tenancies to single tenancies if there is evidence that the relationship is broken down. If one partner only is living in the house, then they may consider the terms of the letting.

Transfer and Succession

The tenant may not assign or sub-let the tenancy of  SAH. Any purported sub-tenancy or assignment is void. The right for a person lawfully in occupation of the dwelling-house as a licensee of the tenant during the tenancy, to be requested to become tenant (not to be unreasonably refused) does not apply.

In the case of a tenancy by a public authority, the provisions in the Residential Tenancies Act in relation to succession to tenancies on death, apply to members of the household only.

The grounds of termination of the tenancy based on the landlord’s requirement of the dwelling-house does not apply.

SAH Rent

The principal provisions in relation to rent and rent reviews do not apply to social housing tenancies, nor do the provisions regarding updating of particulars, in the register.

In the case of social housing tenancies, the rent is determined in accordance with the tenancy agreement or lease, if rent review provisions apply. Where there are no such provisions, either party may require a review of the rent of the tenancy, not more than once in any 12 month period.

Where, following a review, there is a change in the rent amount, the landlord shall notify the tenant of the amount of the revised rent in accordance with the tenancy agreement or if there is no provision in that regard, as soon as practicable.

Designated Transitional House

A transitional dwelling is a dwelling that an approved housing authority leases for periods not exceeding 18 months for its purposes. The provisions in relation to security of tenure do not apply where a dwelling is designated as a transitional dwelling, and the consent of the public authority which is, either landlord or  provides assistance, has been given for o this designation.

The designation could have been made before or within 12 months of the commencement of the 2015 Act. The Department was to be notified of the designation.

SHA Registration

The provisions regarding registration of tenancies are modified in respect of social housing tenancies. Provision is made for the initial registration of tenancies which come within the scope of the legislation within a certain period. Fees regarding registration of a further part 4 tenancy, do not apply provided a timely application is made.

Provision is made for lower fees in respect of multiple applications by social housing bodies, within dwellings within the same property. Separate provision is made for a variation of social housing fees in relation to changes in the value of money.

Reduced fees are applicable to registration of social housing tenancies. A reduced fee of €45 applies to initial registrations. In other cases, €90, single composite fee may be paid in respect of certain multiple applications.