Housing Policy

Dáil Éireann Debate, Tuesday - 13 December 2022

Tuesday, 13 December 2022

Questions (298)

Bríd Smith

Question:

298. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if he will clarify the situation in relation to a couple who are named tenants in a social housing house but who become separated; if it is possible to have one named tenant removed from the tenancy agreement; if so, the way that this is done; if each local authority operates in a different manner; and if this situation is covered by national regulations or by statutory instruments. [61729/22]

Written answers

Minister for Housing, Local Government and Heritage

Social housing tenancies are typically governed by the tenancy agreement between the social housing tenant and the relevant local authority. The terms of such agreements are matters for each individual local authority as part of their day-to-day management of the social housing system.

While there is no legislative provision to deal with such matters, generally joint tenancies can be voluntarily surrendered to the local authority by one or both parties. Such cases tend to be dealt with on a case-by-case basis and approaches may vary from one local authority to another.

In cases of separation, where one or other party does not agree to voluntarily surrender the tenancy, a judge can order a transfer of tenancy as part of the judicial separation granted.

My Department plans to review the issue of tenancy agreements, and other related matters, as part of the broader social housing reform agenda in 2023.