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Nclc.ie

Dublin Informer
Legal Matters
I am being evicted from my local authority home
QUESTON: I am a local authority 5. a valid Summons has been served
matters into consideration. On occasion, are disputed means that the eviction tenant and I’m going to be evicted
a District Court Judge may adjourn a procedure under Section 62 is incompat- The Northside Community Law Centre is an from my home. Is the District Court
Once the Local Authority has proven case if the matter might be resolved, ie ible with Article 8 of the European independent law centre established in 1975. We Judge going to take into consideration these things the District Court Judge the rent paid or the behaviour stopped.
provide legal information, advice and in certain important information about who cannot legally refuse to grant the order
circumstances representation in areas of law as lives in my home: It’s my eldest son and has no option but to order the tenant lenges to this procedure. It has been this does not however mean that local
that has been getting into trouble and to quit the premises. The legal effect of argued that it is against the Constitution authorities can no longer rely on the
• Family Law (representation in emergency cases only) the neighbours have been complain-
this is that the tenant and all the other and against the protection given by the legislation. It does require that within 21 ing about him? My health is very people residing in the house are made European Convention on Human Rights days of such a declaration being made,
poor, I have chronic asthma and I am homeless.
to treat people in this way, ie to put them the Taoiseach must present the declara- terrified in case I lose my home.
out of their homes and make them tion of incompatibility before both Judge can't refuse order
homeless without giving them a chance Houses of the Oireachtas. We hope that this will result in political pressure to Only recently has a Judge in the High amend the offending legislation. In the Our services are free to people living in our catch- Act 1966 to evict people from their an eviction in this way is that they have Court in the case of Donegan v. Dublin case already mentioned, a two month ment area that are unable to afford the services of a homes. The procedure requires that a a right to have their side of the case City Council, High Court 8th May 2008, delay has been placed on the order being private solicitor. Our catchment area is strictly the document called a ‘Notice to Quit’ has considered by the District Court Judge. determined that this procedure is not laid before the Houses of the electoral areas of Dublin North Central and Dublin The Judge may very well give you the compliant with Article 8 of the European Oireachtas. North East. {Areas: Howth, Baldoyle, Sutton, ing to evict. Once a Notice to Quit is opportunity to speak but he or she can’t Convention on Human Rights (as enact- Donaghmede, Kilbarrack, Raheny, Edenmore, Coolock, served, if the tenant does not surrender take into account what you say in your ed by European Convention on Human that tenants of local authorities whose Darndale, Artane, Kilmore, Beaumont, Dollymount, their keys and move out, the local defence. The Judge simply can’t refuse Rights Act 2003). Article 8 of the tenancy is terminated under this Section Donnycarney, Killester, Clontarf, parts of: Marino, authority then issues a summons and to grant the order for possession being European Convention on Human Rights 62 procedure have less protection than summonses the tenant to court. In Court sought by the local authority. Once the protects the Right to Respect for Private tenants in private rented accommoda- the local authority has to prove a number Local Authority has proven the items at and Family Life, Home and tion. The Residential Tenancies Act We will publish one question and response per 1 – 5 above the Judge has to make the Correspondence. month (unfortunately we will not be able to order for possession for your house.
respond individually to letters or emails). To pose Incompatible with human rights
a question to one of our solicitors, please email: 2. that a Notice to Quit has been served when a tenant is behind in rent payments Denise Leavy at dleavy@nclc.ie with ‘Dublin and it’s also used when there are allega- These rights should only be interfered the case can be decided in that way.
Informer’ in the subject line or post your query to tions of anti-social behaviour. There with by a local authority in accordance us at Northside Community Law Centre, Northside may be a genuine reason as to why a with law and only when it’s necessary in legal issue; if this development might tenant is behind in the rent and there a democratic society to pursue a legiti- mate aim. In the High Court the legal advice. You may be entitled to Phone: 01 8477 804 / Fax: 01 8477563
4. the local authority have properly set tions of anti-social behaviour, but under Honourable Mrs. Justice Laffoy said Legal Aid and should contact your local Email: dleavy@nclc.ie
current legislation the District Court that the failure of this procedure to allow Legal Aid Centre to enquire whether or Web: www.nclc.ie
Judge cannot take any other relevant for an independent review of facts that not you qualify.

Source: http://www.nclc.ie/documents/CLAN-Doc-2-to-support%20Frank%20Murphys-talk-June-13th.pdf

21709_pp

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