Paul Murphy (Dublin South West, RISE)
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63. To ask the Minister for Housing, Planning, and Local Government if he will review two specific cases (details supplied) to ensure that these multi-unit complexes are purchased by local authorities of AHBs, in order that no tenant is made homeless [59822/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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My Department is focussed on ensuring that all measures possible are taken to ensure that no person enters homelessness. Under Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHB) and, with this, to reduce the numbers of social homes delivered through acquisition programmes.

However, acquisitions of second hand properties for social housing fall under a number of local authority and Approved Housing Body (AHB) acquisitions programmes.

To strengthen this process I have taken a number of measures, as follows:

On 19 January 2022 my Department issued a circular letter to local authorities advising that social housing acquisitions by local authorities and AHB CALF acquisitions in 2022 would be focussed on a number of priority areas including the prevention of homelessness.

On 20 April 2022, a further circular letter issued to local authorities in relation to social housing acquisitions. The key purpose of this circular was to advise local authorities that I had reinstated the delegated sanction to local authorities in respect of social housing acquisitions.

On 28 November 2022, I wrote to Local Authorities asking them to utilise this sanction fairly and effectively in their administrative areas to help address the extraordinary pressure on our housing system. I reminded Local Authorities that the emergency winter eviction ban was put in place to provide breathing space and alleviate the acute pressure on our homeless services resulting in a need for additional targeted interventions and that delegated sanction for acquisitions in appropriate cases helps make use of that breathing space while we continue to build up our social housing stock.

As housing authorities, local authorities are responsible for the identification of the social housing need in their area. It is a matter for the respective local authority, Dublin City Council and Dun-Laoghaire Rathdown County Council in these cases, to determine the most appropriate response to the need for social housing supports in their area.

With regard to St Helen’s Court Dun-Laoghaire Rathdown County Council have advised my Department that they continue to engage with the three tenants all of whom are in receipt of HAP. They have access to Choice Based Letting (CBL) where available social housing properties are advertised on a weekly basis and the Place Finders support team have been engaging to assist in sourcing alternative accommodation.

With regard to Tathony House, Dublin City Council have advised my Department that they have met directly with representatives of the residents to discuss all options and have already completed the rehousing of an elderly tenant. Of the 35 units in the block, I understand that there are no tenants in receipt of social housing supports while three tenants have applied for and are qualified for social housing.

As you will be aware Section 35A of the Residential Tenancies Acts (known as the ‘Tyrrelstown amendment’) may be applicable in this case. This provides that where a landlord proposes to sell 10 or more units within a single development at the same time, that sale is subject to the existing tenants remaining in situ, other than in exceptional circumstances. The ‘Tyrrelstown amendment’ was carefully drafted to promote security of tenure in the interest of the common social good.

My Department understand that the representatives of the tenants at Tathony House have lodged an appeal of the Notices to Termination with the Residential Tenancy Board (RTB). The RTB was established as a quasi-judicial independent statutory body under the Residential Tenancies Acts 2004-2022 (RTA), to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants, including with regard to the validity or otherwise of a notice of termination. It would be inappropriate for me as Minister or my Department to provide legal advice, comment on, or to intervene in the specifics of any individual case.

With regard to 95-96 Rathmines Road, Dublin City Council have advised my Department that engagement with all stakeholders continues. It is completing a review of the property to fully establish the exact tenure of the tenants with regard to the numbers of current tenants eligible for Social Housing supports and in receipt of HAP.

This review will directly feed into the available options for Dublin City Council.