Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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291. To ask the Minister for Housing, Planning, and Local Government the rules governing cost rental eligibility for persons who are officially still on the title deeds of their family home, but have a legal separation or divorce agreement giving their former partner exclusive residential access to the family home. [50923/25]

James Browne (Wexford, Fianna Fail)
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The Cost Rental legislation, set out in Part 3 of the Affordable Housing Act 2021 and associated Regulations, does not require landlords to exclude from cost rental eligibility those who own a property. The legislation does, however, give Cost Rental landlords a significant degree of flexibility and discretion when advertising Cost Rental homes and accepting applications, in order to promote efficient utilisation of the stock of homes and the filling of tenancies with appropriate households.

In an effort to ensure the efficient allocation of cost rental properties, it has been the policy of several Cost Rental landlords, including Approved Housing Bodies, Local Authorities and the LDA, to provide access to Cost Rental homes to tenants who do not own a property. The foundation of landlord discretion under the legislation allows for flexibility in the handling of more complex cases where, for example, the legal owner of a property does not have any right to reside in it due to the terms of a separation or divorce agreement. In such cases, prospective applicants can engage with Cost Rental providers in relation to their specific circumstances.