No evictions from houses

THE council has no powers to remove people from social housing who may be involved with, or convicted of involvement in, the local drug feud, unless it can be proved that illegal activity took place on the premises.

Clarification was sought at October’s meeting on what powers the council has with regard to tenants who may be involved in illegal activity.

Cllr Pio Smith enquired of Director of Services Paddy Donnelly if legal advice had been received, and what action could be taken, particularly in light of last year’s heightened drugs’ feud.

‘My recollection over a year ago, when the feud was at its peak, was that the council was going to get legal opinion with regards to people who are involved in feud activity or who were before the courts, and what status that actually leaves them at with regard to social housing,’ he asked.

In response, Mr. Donnelly said officials have been working very closely with the Gardai in relation to this, whilst looking closely at the tenancy agreement with all of the council tenants.

‘ The problem is, illegal activity must take place from the actual tenant’s property that we have rented – one of the social housing units - and that the tenant is actually found guilty and receives some sort of a sentence at court, before we can even progress,’ he explained. ‘ The challenge we face is that some of the incidents that have happened, there’s no actual proof that these took place in the house, or it wasn’t the actual tenant who was guilty of the offence – perhaps it was someone who was staying with the tenant, or maybe a member of the tenant’s household.

‘It is difficult to get them barred from the properties, and in some cases, they have been minors, and it’s been a difficult decision to make, because we would find ourselves making a minor homeless.’

He said they are continuing to work closely with the Gardai, so it is not something they have given up on.

Cllr Smith wondered if the tenancy agreement could then be ‘ tweaked’, to make it more general, but he was told the offence has to relate to the actual use or abuse of the tenancy.

‘Let me use an example of someone being convicted of speeding in their car, that’s an offence, but we can’t apply a second punishment on them in relation to the tenancy,’ added Mr Donnelly.

‘So, they must be found dealing or supplying drugs or carrying out an illegal activity in the premises in which they are a tenant, otherwise we can’t change the agreement to address any issues.’