Local authorities provide social housing support to those who meet certain eligibility conditions and who are also in need of housing.

Social housing support is the overall name for when a local authority makes arrangements to address your housing needs. This can consist of the local authority providing you with social housing itself or through other forms of support, including you being housed in a private tenancy with the rent paid by the local authority to the landlord under the Housing Assistance Payment scheme.

LocaL authority social housing is the most common form of social housing support. Individuals who seek social housing from a local authority must meet certain conditions set by law, and must have a sufficient need for social housing before they will be given accommodation. The supply of local authority social housing is limited and there is generally a significant waiting list. The more need a person has for social housing, the shorter they will have to wait on the waiting list. When accommodation is provided, tenants must pay rent to the local authority, based on the household’s ability to pay.

Voluntary housing associations also provide social housing to individuals and families in certain circumstances. This is a less common source of social housing support.

The State also has other schemes to help people with a housing need. If you are renting from a private landlord or want to rent from a private landlord but cannot afford it, if you meet certain conditions you can apply to the Department of Social Protection for Rent Supplement. Rent Supplement will cover your rent, depending on your circumstances. Alternatively, social housing support may consist of you being housed in a private tenancy with the rent paid by the local authority to the landlord under the Housing Assistance Payment scheme.

Some local authorities also have an Applicant Sourced Housing scheme, a form of social housing, where you find a place to live, and if the owner of the property agrees, the local authority will rent it from the owner on your behalf and you, in turn, will pay rent to the local authority at a set, affordable rate. The local authority may also offer you housing which is not a local authority tenancy, for example a home under the Rental Accommodation Scheme.

If you are ordinarily resident in Ireland, you have:

• The right to apply to your local authority to be assessed for social housing support
• The right to information about you held by public bodies
• The right to fair procedures by a local authority when they are assessing you for accommodation and support
• The right to appeal a local authority decision concerning you; if you are not satisfied, you can complain to the Ombudsman (www.ombudsman.gov.ie)

If you are in a family home with your spouse but do not own or part-own the property, your family home cannot be mortgaged or sold without your consent.

If you are a homeless child, under the age of 18, you have:

• The right to adequate shelter

If you are a local authority tenant, you have the right to:

• A tenancy agreement that sets out your rights and obligations as a tenant
• A hardship clause if you are having difficulties paying rent
• Apply to be heard in court if you think a proposed eviction may be unfair
• Housing that is fit for people to live in and in good repair - local authorities are responsible for any maintenance issues, such as structural repairs, electrical faults and flooding.

If you are a member of the Traveller Community, you have the right to:

• Traveller-specific accommodation, such as halting sites. This must be provided by local authorities.

Other rights:

• The right to apply for an excluding order if you are the victim of anti-social behaviour in or near your home
• The right to not be discriminated against in relation to access to housing

You can only apply to one local authority for social housing. You must already live in the area for a certain length of time or you must be able to show you have a local connection to the area. However, if neither of these conditions apply, the local authority can exercise discretion and allow you to apply in the area of your choice.

There are two steps: you must show that you are eligible for social housing and you must show that you are in need of social housing.

First, the local authority will assess whether you are eligible for social housing support. The local authority will look at basic facts about whether you have a right to reside in Ireland, your income levels, your current accommodation and your family circumstances and then will make a decision based on rules set by law on whether you are eligible for social housing support or not.

If you are considered eligible, the local authority will then decide whether you have a need for social housing support. The local authority will consider all of your circumstances, such as the suitability of your current accommodation for you and other members of your household.

If you are eligible and you have a sufficient need, you will be put on a waiting list in order of priority of need. Each local authority has its own rules on deciding who should be prioritised on this list. Some housing authorities have a points system, where you will be given points depending on your circumstances, for example if you have a disability or have a young family or are homeless.

Voluntary housing associations provide assistance for people with a housing need in many different ways. The Irish Council for Social Housing is an organisation that provides information on housing associations across Ireland that are voluntary or not for profit. Many of these housing associations provide assistance for those with difficulties with their current accommodation or who are seeking accommodation. An online search of the organisations is available at www.icsh.ie.

Yes, since 2011, the rules have changed so that if you cannot meet mortgage repayments, this will be taken into consideration by the local authority when they are assessing your housing need.

The housing section in your local authority will provide help to fill out the form. Citizens Information Centres can also provide help and information. Find your local Citizens Information Centre.

The housing section in your local authority will provide help to fill out the form. Citizens Information Centres can also provide help and information. Find your local Citizens Information Centre.

If you manage to find a home of your choice to rent from the landlord, if the local authority reaches an agreement with the landlord, the local authority will lease it and pay the rent directly to the landlord. To find out if this scheme is available in your area, contact your local authority.

The Rental Accommodation Scheme (RAS) is for people who are receiving Rent Supplement and who have a long term housing need that cannot be funded from their income. In general, people who are getting Rent Supplement for more than 18 months are considered for RAS. Your local authority will negotiate a tenancy. You still pay rent to the local authority. The Residential Tenancies Act 2004 governs the relationship between the landlord and the tenant, which means, for example, that disputes can be referred to the Private Residential Tenancies Board. For more information on your rights and obligations as a private residential tenant see www.citizensinformation.ie and www.threshold.ie.

The Housing Assistance Payment (HAP) is a new form of social housing support. It will, when fully rolled out, replace Rent Supplement except for those who need short-term support only. HAP was put into effect in law in September 2014. It is now being rolled out across Ireland. Recipients of HAP can take up full-time employment. This is one of the main differences between HAP and Rent Supplement. HAP is currently set at the same levels as Rent Supplement. Read more about HAP levels.

Under HAP, the tenant sources the private rental accommodation and enters a tenancy with the private landlord. Like the Rental Accommodation Scheme, under HAP you will not be a local authority tenant, but a private tenant. Your landlord must be tax compliant – that is, the landlord’s tax affairs must be in order and the landlord must be able to supply a current tax clearance certificate to the local authority. The local authority pays the rent, through the HAP payment, directly to the landlord. The HAP recipient pays their rent contribution to the local authority through the An Post Household Budget Scheme, Bill Pay card, or, where their social welfare payment is paid into their bank, by direct debit from their bank. Information leaflets on HAP are available on www.environ.ie.

There is very little difference in the two schemes. However, it is likely that as the Housing Assistance Payment is rolled out across the country that the Rental Accommodation Scheme will be phased out. One difference between the schemes is that under HAP the tenant is expected to find suitable private rental accommodation, whereas under RAS the local authority sourced the accommodation. Secondly, an individual must be in receipt of Rent Supplement for more than 18 months to be considered for RAS. You can apply for the HAP scheme at any point when you are eligible and in need of social housing support.

Rent Supplement will still be available from the Department of Social Protection for people who don’t qualify for social housing support – for example, someone who is temporarily unemployed. Normally, you need to show that you have been renting in the private sector for at least six months of the previous year and that you could afford your rent at the beginning of the tenancy. You may also qualify if you have received Rent Supplement at any time during the 12 months before applying.

Falling behind with rent payments to the local authority is a common occurrence that local authorities are used to dealing with. You should explain your financial situation to your local authority as soon as possible. The local authority will work with you as best they can to help sort the problem out and to arrange for you to enter into a payment plan to pay a little bit of rent arrears each week. If you leave the arrears to build up, this will lead to far greater difficulties in the future than if you co-operate with the local authority at the outset.

A local authority can evict you by law only if they follow the correct procedures. The new Housing Act 2014 has greatly changed the law in this area. It states that a local authority cannot evict you unless the District Court feels it is reasonable to do so in the circumstances. The new Act also introduces a “tenancy warning” system, where a local authority will write to the tenant if they feel they are in breach of their tenancy agreement, ie for anti-social behaviour or rent arrears. A tenant is entitled to an independent review of a decision to grant a tenancy warning. Normally the local authority will not attempt to evict you unless you breach an earlier tenancy warning. However in cases of severe anti-social behaviour an authority may proceed straight to eviction. The eviction process is complicated and you should seek independent legal advice. You should contact your local Citizens Information Centre who may assist you.

How easily your landlord can end your tenancy depends on the type of tenancy you have and how long you have been in the accommodation. Your landlord must always give you valid written notice when asking you to leave - see 'Notice of termination' and 'Notice periods' below.

If you have a fixed-term tenancy, the landlord cannot normally end the tenancy unless you are in breach of your obligations – read more on the RTB's website.

After the first six months you acquire rights to security of tenure, even if you have a fixed-term tenancy (of 1 year, for example). The provisions on security of tenure are in Part 4 of the Residential Tenancies Act 2004 and the rights that they give are generally known as Part 4 rights.

If you are renting a self-contained flat or apartment in your landlord’s home, which was originally part of the main house, your landlord can choose to opt out of the Part 4 provisions under Section 25 of the Act. You must get notice in writing, before the start of the tenancy, if the landlord wishes to take this option.

Tenants of certain dwellings let by housing associations (transitional dwellings) cannot gain the benefit of Part 4 rights.

Tenancies that are governed by Part 4 of the 2004 Act and that started on or before 24 December 2016 run in four-year cycles. Tenancies that started after 24 December 2016 run in 6-year cycles.

During the first six months of a tenancy, the landlord can ask you to leave without giving a reason (unless you have a fixed-term tenancy) but must serve a valid written notice of termination, allowing a minimum 28-day notice period. Only seven days’ notice is required in the first six months if your behaviour is seriously anti-social or threatens the fabric of the property.

Part 4 tenancies

Your tenancy is known as a Part 4 tenancy in the following situations:

• It started on or before 24 December 2016 and has lasted between six months and four years, or
• It started after 24 December 2016 and has lasted between six months and six years

After the first cycle (four or six years) of your Part 4 tenancy has ended, you enter a new cycle – see ‘Further Part 4 tenancies’ below.

Restriction on terminating when selling multiple properties

Section 40 of the 2016 Act provides that a landlord cannot terminate a Part 4 tenancy if he intends to sell 10 or more dwellings in a development within a six-month period, unless he can show that the market value with a sitting tenant is over 20% below the market value with vacant possession, and that preventing him from terminating the tenancy would be unduly onerous on him or would cause him undue hardship. This provision is often called the ‘Tyrrelstown’ amendment.

Valid reasons for ending a Part 4 tenancy

The landlord can end a Part 4 tenancy only in the following circumstances:

• If you do not comply with the obligations of the tenancy
• If the property is no longer suited to your needs (for example, if it is overcrowded)
• If the landlord intends to sell the property within three months (however, if the landlord plans to sell 10 or more dwellings in a development within a six-month period, he must show that the market value with a sitting tenant is over 20% below the market value with vacant possession, and that preventing him from terminating the tenancy would be unduly onerous on him or would cause him undue hardship)

or for the following three specific reasons:

• If the landlord needs the property for their own use or for an immediate family member (this only applies to private landlords)
• If the landlord intends to refurbish the property substantially
• If the landlord plans to change the business use of the property (for example, convert it to office use)

See 'Notice of termination' below for more details.

Further Part 4 tenancies

If your tenancy started on or before 24 December 2016: When the four-year cycle of the tenancy has ended, a new tenancy starts, known as a further Part 4 tenancy. This tenancy will now last six years.

If your tenancy started after 24 December 2016: The further Part 4 tenancy will start when the first six-year cycle of the original Part 4 tenancy has ended and it will last six years.

Ending a further Part 4 tenancy

The legislation originally provided that your landlord could end a further Part 4 tenancy at any time during the first six months without having to give a reason. This rule has been changed with effect from 17 January 2017 and the landlord must provide one of the valid reasons listed above.

Preventing a further Part 4 tenancy

If a landlord wishes to stop a further Part 4 tenancy coming into existence, they may serve a notice during the original Part 4 tenancy, with the notice period expiring on or after the end of the tenancy. A notice served in this way should provide a reason for termination, but the reason does not need to be one of the above grounds.

If your landlord wants you to leave, they must serve you with a valid written notice of termination. The notice can be posted to you, be given to you in person or be left for you at your address. Neither email nor text messages qualify as valid notices of termination. If it appears that you are not living in the property, the landlord can affix the notice to the outside of the property.

Section 62 of the 2004 Act sets down the requirements for a valid notice of termination. A notice of termination must:

• Be in writing
• Be signed by the landlord (or an authorised agent)
• Specify the date of termination of the tenancy
• State that you have the whole 24 hours of the termination date to vacate the property
• Specify the date of the notice itself
• State the reason for termination, if a tenancy has lasted more than six months or is a fixed-term tenancy
• State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the RTB within 28 days from the receipt of the notice.

In addition, the landlord must provide additional details in certain situations and, in some cases, a statutory declaration. The RTB provides sample notices of termination, giving the details required in each situation.

If the property is being sold

If the landlord intends to sell the property within three months of the termination of your tenancy, the notice of termination must state that “The reason for the termination of the tenancy is due to the fact that the landlord intends to sell the dwelling, for full consideration, within three months after the termination of the tenancy”. The notice must also include a statutory declaration stating the landlord’s intention to sell.

If the landlord is availing of the exception to the ‘Tyrrelstown’ amendment (see above) in order to terminate the Part 4 tenancy, the statutory declaration must also state that that the market value with a sitting tenant is over 20% below the market value with vacant possession, and that preventing him from terminating the tenancy would be unduly onerous on him or would cause him undue hardship.

The RTB’s sample notice of termination due to intention to sell (pdf) contains the required information and a sample statutory declaration.

Termination for three other specific reasons

There are particular rules if the landlord gives one of the following three reasons in the notice of termination:

• They need the property for their own use or for an immediate family member
• They plan to refurbish the property substantially and need vacant possession
• They intend to change the use of the property

The detailed rules are outlined below. In addition, if any of these three reasons is cited, you must also be told that if the dwelling becomes available for letting within a certain period and you have given the landlord your contact details, they must offer you a tenancy. (This requirement does not apply if your tenancy is being ended due to a breach of your obligations, overcrowding or the property being sold.)

Detailed rules

If the landlord needs the property for their own use or for an immediate family member, you must be given the following information in writing, along with the notice of termination: the person’s name; their relationship to the landlord; and how long they will occupy the dwelling. The notice must also include a statutory declaration stating that the landlord needs the property for their own use or for an immediate family member. The RTB’s sample notice of termination when the landlord needs the property (pdf) contains the required information and a sample statutory declaration.

If the landlord intends to refurbish the property to the extent that it needs to be vacant, they must state the nature of the works in writing, along with the notice of termination. If planning permission is required, the notice must be accompanied by a copy of the permission. If planning permission is not required, the notice must state this and must provide the name of the contractor (if any); the dates of the intended works; and their proposed duration – see the RTB’s sample notice of termination due to intention to refurbish (pdf).

If the landlord intends to change the use of the property (and has obtained any necessary planning permission) they must state the nature of the change in writing, along with the notice of termination. The notice must confirm that any necessary planning permission has been received. The RTB’s sample notice of termination due to change of use (pdf) contains the required information.

Redress

Under section 56 of the 2004 Act, you can complain to the RTB in the following situations:

• If your landlord has ended your tenancy for one of the three reasons specified above, the property becomes available for re-letting and they do not offer you a tenancy
• If they did not carry out the intention stated in the notice of termination – either one of the above three reasons or sale of the property

If the RTB upholds your complaint, it may direct the landlord to pay you damages or to reinstate your tenancy, or both.

Sample notices for termination in other situations

The RTB’s sample notices cover several other situations, for instance if the landlord is terminating your tenancy due to rent arrears. In this case you must have received a written warning notice at least 14 days before the notice of termination is issued – see ‘Notice periods’ below. The RTB’s sample (pdf) contains both of these notices.

Sample notices of termination are also available for breach of tenant obligations (pdf) and anti-social behaviour (pdf). There is also a sample notice for when the dwelling is no longer suited to your household’s needs (pdf). In this case, the notice must be accompanied by a signed and dated statement of the number of bed spaces in the property and the reasons why it is no longer suitable, having regard to the bed spaces and the size and composition of your household.

Slips or omissions

Section 30 of the Residential Tenancies (Amendment) Act 2015 deals with slips or omissions that are contained in the notice or that occurred during its service. This section provides that, when dealing with a dispute in respect of a notice of termination, an adjudicator (or the Tenancy Tribunal) may make a determination that such a slip or omission shall not of itself render the notice of termination invalid, if the adjudicator or Tribunal is satisfied that:

• The slip or omission concerned does not prejudice, in a material respect, the notice of termination, and
• The notice of termination is otherwise in compliance with the provisions of the Act

Read more on the websites of the Residential Tenancies Board (RTB) and Threshold.

The length of notice required depends on the length of your tenancy. The Residential Tenancies (Amendment) Act 2015 increased the notice periods for tenancies of 5 years or longer in duration, with effect from 4 December 2015.

Exceptions to required notice periods

If you are not keeping your obligations, your landlord only needs to give you 28 days’ notice, regardless of the length of your tenancy. However, if your behaviour is seriously anti-social or threatens the fabric of the property, the landlord only needs to give you seven days’ notice. Section 17 (1) (a) and (b) of the 2004 Act sets out the type of seriously anti-social behaviour for which a seven-day notice may be allowed.

If your rent is in arrears, your landlord must first give you written notification of the amount owing and must give you 14 days to pay the arrears. If you still have not paid 14 days after you got this notification, your landlord can then give you 28 days’ notice of termination.

Landlords and tenants can agree shorter notice periods than the minimum periods set out above, but they can only do so at the time they decide to terminate the tenancy. It is illegal to agree a shorter notice period at the start of the tenancy.

Landlords and tenants can also agree longer notice periods, but the maximum is 70 days when the tenancy has lasted less than six months.

If your landlord locks you out or physically evicts you, you may be able to apply for an injunction to force them to let you back into the property or you may apply to the RTB to do so on your behalf. Similarly, if your landlord cuts off water, gas or electricity, you may be able to take legal action to restore the supply. In either case, you should get legal advice and assistance before you proceed. Your landlord cannot remove your possessions from your home while your tenancy is still in existence (though after a tenancy has ended, a landlord is under no legal obligation to store or maintain belongings).

If your landlord is going to refer a dispute to the RTB, you should get advice about your situation from Threshold or a solicitor. The Free Legal Advice Centres (FLAC) operates a network of legal advice clinics throughout the State. These clinics are confidential, free of charge and open to all. Contact your nearest Citizens Information Centre for information on FLAC services in your area. FLAC also runs an information and referral line during office hours for basic legal information.

Threshold

21 Stoneybatter
Dublin 7
Ireland

Opening hours: Monday to Friday 9.30am-5pm
Phone: 1800 454 454
Fax: (01) 677 2407
Website: http://www.threshold.ie
Email: advice@threshold.ie