Son wants to take up tenancy at late mother’s home
SLIGO County Council is challenging a father of one’s attempt to undertake the tenancy of his late mother’s home.
The local authority believes Glen Scanlon is not entitled to take up the tenancy of 114, St Bridget’s place following the death of his mother, Rosemary Scanlon in 2017, as he does not meet all of the criteria.
At Sligo District Court, Carol O’Farrell BL, representing Sligo County Concil outlined that for a person to be entitled to inherit a tenancy, the person is required to have lived with the relative in the house for a period of 12 months prior to their passing.
It was outlined to the court Mr Scanlon had resided at the address from his birth in 1986, up to June 2015 when he got married.
The court was told Mr Scanlon and his wife moved to another address after this time and Mr Scanlon lived at his mother’s address to look after her from July 2017 up until his mother’s passing in November 2017.
Representing the couple, Mr Tom MacSharry solicitor, told the court his client never fully left his childhood home as his mother had a variety of medical and mental health issues.
The court was informed the couple had applied to the council for social housing and were on a list.
The couple had been offered a two-bed house one week before the court date which they refused, while a second offer for a two-bed house was still under consideration.
Mr MacSharry told the court the accommodation offered to the couple does not meet their needs as they are a growing family, and that it was always his client’s intention to raise his family in the family home.
The couple’s tenancy succession application was unsuccessful in February 2019 and they subsequently applied for social housing.
Orla Campbell, administration officer with Sligo County Council told the court a rent review of the property was done on the property over the years and Mr Scanlon was not included on these forms for the most part.
She also outlined that in his application for social housing he gave details of living at an address in Tonaphubble from June 2015 to 2017.
Ms Campbell told the court the couple were offered two bedroom houses as that is what their needs assessment showed.
Asked why the local authority would not allow them to reside at the family home, Ms Campbell explained there were three families on the housing list who required four-bedroom properties.
Explaining why he was not always included as a resident at his mother’s home on rent review documentation, Mr Scanlon speculated he might have been omitted to avoid a rent increase on the property.
Mr Scanlon told the court his wife could not stay at his mother’s home after they got married due to his mother’s issues and that was why they rented a house in Tonaphubble as a ‘stop gap’.
The court heard much of Scanlon’s documents, including banking and insurance was sent to the house and following his mother’s passing even a letter of sympathy from the local authority’s CEO, Ciaran Hayes, was posted to him at St Bridget’s Place.
“I always wanted to raise my family there,” said Scanlon.
“It has been the Scanlon family home for nearly 50 years. Justice would be served to allow the family to stay, they are the fabric of the area, bringing third and fourth generations back into the area,” submitted Mr MacSharry.
Judge Kevin Kilrane described the case as ‘difficult’ in that all documents supplied to Sligo County Council by the late Rosemary Scanlon and, in the interim, by Mr Scanlon were against Mr Scanlon’s case for inheriting the tenancy.
The judge agreed that children support parents in sickness and old age, however, he stated this would not normally give rise to a claim of tenancy.