Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

The Supreme Court judgment referred to concerned two cases relating to section 62 of the Housing Act 1966. In one case, the court made a declaration under the European Convention on Human Rights Act 2003 that section 62(3) of the Housing Act 1966 was incompatible with the State's obligations under Article 8 of the convention due to the absence of appropriate procedural safeguards where there was a factual dispute as to the basis for termination of the tenancy agreement. There was no dispute as to the essential facts in the other case and the court did not make a declaration of incompatibility. It is a matter for housing authorities to decide in individual cases whether there is a factual dispute between the parties that would preclude the authority from applying for a possession warrant under section 62 of the 1966 Act.

The Government's legislative programme for the summer 2013 parliamentary session includes a housing Bill that is expected to be published later this year providing, among other matters, for a revised procedure for repossessing local authority dwellings that takes account of the Supreme Court judgment. I will progress that Bill as quickly as possible so that housing authorities have the necessary powers to deal with all serious breaches of tenancy agreements.

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