LitigationProperty Law and Conveyancing

Circuit Court overturns District Court eviction of family from Dublin Council property

By May 29, 2023 No Comments
Repossession Order

Repossession Order

A family of five, a mother, father and three children, including an eight-month-old baby, were successful in overturning a District Court possession order of their council home. The property, owned by Dún Laoghaire-Rathdown County Council, was previously held by the children’s grandmother. The grandmother had died from cancer aged 57 years old. Her son, the father, moved back into the property after his mother passed away, with his wife and two children. The baby was later born. They did not receive confirmation that there was a new tenancy in place. At the District Court, the council described them as trespassers and the court granted the possession order.

Circuit Court

The family appealed to the Circuit Court and the case was heard by Judge McCourt in mid-May. To be considered for a new tenancy the family had to meet the council’s housing allocation policy, and particularly the father, considering it had been his family home. He was required to have lived for five years before his mother’s death or at least ten out of fifteen years prior to her passing. The council stated that he failed to meet the criteria and issued an Repossession Order .

The father contended that he had lived in the property for eight years and ten months as an adult and for the additional required period as a child. He had been included in the rent assessment also.

Meagre supply

The judge expressed sympathy with the council, trying to distribute a meagre supply of housing to satisfy such a huge demand. However, the court noted, it would not be proportionate or reasonable in the circumstances of the case to grant the order sought and evict the family from their home. Although the family was successful in its appeal, the court did not make any order for legal costs against the council given the fact that the council has also found itself in such difficult circumstances, trying to deal with such demand for housing with little or no supply.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*

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