Dessie Ellis (Dublin North West, Sinn Fein) | Oireachtas source

I move amendment No. 8:

In page 16, between lines 30 and 31, to insert the following:

“(12) Where the grounds for a possession application are anti-social behaviour, and in the opinion of the local authority a successful application may increase the chances of a detrimental effect on the quality of life of those in the locality of the dwelling to which the tenancy agreement relates in the intervening period between issue and repossession, the local authority concerned may petition the District Court to permit the local authority to act on the possession order no less than 1 month after the order is issued. The District Court will decide on this petition with due regard for ability of the tenant concerned to find alternative accommodation in this period and the potential detrimental effect on the household concerned.”.

Where a person is facing eviction for anti-social behaviour I am proposing that the local authority may petition the District Court to permit it to act on the possession order no less than one month after the order is issued. The time factor is important because the chances of these people finding alternative accommodation are affected. They might have children or other factors to take into account including schools etc. Providing for a period of one month after an order is issued is a sensible way of proceeding. We have argued whether the period should be ten or 21 days but if local authorities are allowed any flexibility, they will take the minimum period in cases where they should not. The Minister made an argument earlier that ten working days was the minimum period and that the local authorities could allow a longer period but it is dangerous to allow that to happen. That is the reason for my amendment because not enough time is being allowed for these families to find alternative accommodation.

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