Written answers
Monday, 9 September 2024
Department of Housing, Planning, and Local Government
Vacant Properties
Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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834.To ask the Minister for Housing, Planning, and Local Government if he has permitted the sale or intends to permit the sale or approved payment to occupiers to vacate of properties in Somerton Park, Ballinlough, Cork, properties which are pursuant to and under the provisions of a scheme provided for by section 20 of the Housing (Amendment) Act 1948 and the Regulations made thereunder, including, in particular, Statutory Instrument No. 90 of 1948; and if so, the number of properties in this location that are currently awaiting his permission in this regard.[34891/24]
Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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835.To ask the Minister for Housing, Planning, and Local Government the number of properties in Somerton Park, Ballinlough, Cork, properties which are pursuant to and under the provisions of a scheme provided for by section 20 of the Housing (Amendment) Act 1948 and the Regulations made thereunder, including, in particular, Statutory Instrument No. 90 of 1948) that he and his predecessors, have provided permission for their sale, or approved payment to occupiers to vacate, broken down by year along with the agreed purchase price of each transfer of title.[34892/24]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 834 and 835 together.
Somerton Park, Ballinlough Road, Cork consists of 44 houses built circa 1950 by the Lee Public Utility Society.
According to the leases, the houses were provided under the Housing of the Working Classes Acts 1890 to 1958.
They were grant aided under section 20 of the Housing (Amendment) Act 1948 on condition that
the houses would not be sold
- they would only be let to working class people at a rent and subject to conditions as would be approved by the Minister
- Section 20 was repealed by a 1962 Housing Act which did not contain a provision to continue in force the section 20 undertakings.
In 1976 the Department asked landlords for assurance that the houses would continue to be let at a rent approved by the Minister.
Notices to Quit were served on some tenants followed by Ejectment Proceedings in March, 1978.
A tenant took a test High Court action successfully in 1984, the outcome of which was applied to the entire estate.
The effect of the judgement was that the undertaking given under section 20 continues in force and the Minister's consent is required to any increases in the rents of the houses.
A provision was included in the Landlord and Tenant (Amendment) Act 1980 to enable the Minister to consent to the sale of the houses, including retrospectively.
The Attorney General’s Office was consulted about how these cases should be dealt with. It was decided that the role of the Minister should be to:
- consent to sales to the tenants where the tenant wishes to purchase, the price is reasonable and the vendor is entitled to sell
- approve a rent increase if agreed between the tenant and landlord or if determined by the Courts
- give retrospective consent to sales to the landlords where the security of tenure of the tenants can be guaranteed.
I approved consent to the sale of 33 Somerton Park, Ballinlough on 1 February 2024. This was on foot of a Circuit Court settlement.
Currently, my Department has no applications on hand for consent to a sale or an increase in rent for other houses in Somerton Park, Ballinlough Road, Cork.
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