Patrick O'Donovan (Limerick, Fine Gael)
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180. To ask the Minister for Environment, Community and Local Government in relation to sections 3, 4 and 5 the Housing (Miscellaneous Provisions) Act 1997 if there has been any amending legislation in the intervening period to attach liability to third parties, and to create an offence for those persons living in local authority estates where exclusion orders are made against named persons, who assist named persons in knowingly contravening the order made by the court; and if he will make a statement on the matter. [35987/14]

Alan Kelly (Tipperary North, Labour)
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The Housing (Miscellaneous Provisions) Act 2009 provides that every rental accommodation arrangement tenancy agreement and local authority tenancy agreement shall include a condition prohibiting a tenant from knowingly permitting a person to enter the dwelling concerned in breach of an excluding order under section 3 of the Housing (Miscellaneous Provisions) Act 1997.

The 2009 Act requires the landlord under a rental accommodation arrangement to terminate the tenancy agreement on notification by the housing authority that a tenant has breached th e aforementioned condition. The Housing (Miscellaneous Provisions) Act 2014 provides that a housing authority may issue a tenancy warning to a local authority tenant who breaches this condition.

The 2014 Act also provides that the authority may initiate Court proceedings for termination of a tenancy and repossession of a local authority dwelling where there has been a breach of the tenancy agreement. In addition, under Part 3 of the 2014 Act, dealing with tenant purchase, the condition outlined above is also attached as a condition to the sale of a local authority house to its tenant.

Active consideration is being given to the commencements of these legislative provisions in the context of the on-going phased implementation of the 2009 and 2014 Acts.