Housing (Miscellaneous Provisions) Act 2014

10.

Review of tenancy warning

10. (1) This section applies where a tenant does not accept that a breach of a tenancy agreement or rent-related obligation has occurred in the terms set out in a tenancy warning issued to him or her under section 7 , 8 or 9 .

(2) A tenant may request in writing (in this section referred to as a “review request”) a housing authority to review a tenancy warning issued to him or her.

(3) A review request shall—

(a) outline the grounds upon which the tenant disputes the basis for the tenancy warning and be accompanied by any relevant supporting documents, and

(b) state whether the tenant or a member of his or her household wishes to make oral representations to the housing authority as part of the review.

(4) Subject to subsection (5), a review request shall be received by the housing authority within 10 working days from the issuing of the tenancy warning to the tenant.

(5) The Minister may prescribe the types of extenuating circumstances as a consequence of which the period of 10 working days referred to in subsection (4) may, at the discretion of the chief executive of the local authority concerned and upon being satisfied that any such circumstance does apply, be extended upon application by or on behalf of the tenant for such further period as decided by that chief executive, but any such further period as so decided shall not, taken together with the 10 working days from the issuing of the tenancy warning concerned, exceed 20 working days from such issue.

(6) On receipt of a valid review request the chief executive of the local authority concerned shall appoint as the reviewer of the tenancy warning concerned an officer or employee of a local authority who was not involved in the decision to issue the tenancy warning and who is senior in rank to the officer or employee who decided to issue that warning.

(7) The reviewer shall review the decision to issue the tenancy warning as if the matter were being decided for the first time and on the basis of the information available to him or her.

(8) A reviewer may make such enquiries and meet with any person, including the tenant, a household member and a member of An Garda Síochána, that he or she considers it appropriate to meet in the circumstances.

(9) Except where the reviewer and the tenant otherwise agree in writing, the reviewer shall make a decision on the review within 20 working days of his or her appointment or, where—

(a) the tenant or a household member wishes to make oral representations,

(b) the reviewer wishes to meet the tenant or a household member as part of the review, or

(c) the tenant proposes a variation to the tenancy warning or is given the opportunity to comment or make representations (either orally or in writing) on a variation proposed by the reviewer to the tenancy warning, within 30 working days of his or her appointment.

(10) A decision on a review request by a tenant shall—

(a) confirm the tenancy warning in its original terms,

(b) vary the tenancy warning in specified terms, or

(c) annul the tenancy warning, and shall state the reasons for doing so and the housing authority shall send a copy in writing of the reviewer’s decision and reasons to the tenant.

(11) Any variation to a tenancy warning proposed by the reviewer under subsection (10) (b), other than to correct any clerical error of a non-material nature, shall not be made without first giving the tenant an opportunity to comment or make representations on such a variation.

(12) A tenant who has made a review request may, at any time before the review is completed, notify the housing authority in writing that he or she is withdrawing the review request but any such withdrawal is subject to subsection (13).

(13) A reviewer may, notwithstanding the withdrawal of a review request by the tenant and where the reviewer is satisfied that it is in order to do so continue the review under this section as if the withdrawal had not been made and the housing authority shall notify the tenant in writing accordingly.

(14) Where, in a review under this section, a member of An Garda Síochána or an officer of a housing authority states that he or she believes that a person is or has been engaged in anti-social behaviour, then, if the reviewer is satisfied that there are reasonable grounds for such belief and that another person would be deterred or prevented by violence, threat or fear from providing evidence in that regard, the reviewer may accept that statement as evidence of such anti-social behaviour.

(15) In a review of a tenancy warning under this section, the housing authority concerned and the reviewer shall have due regard to protecting the identity of persons informing the authority or reviewer of the breach in circumstances where, in the opinion of the authority or the reviewer, not to do so—

(a) could render those persons or persons associated with them liable to violence, threat or fear as a consequence of so informing, or

(b) might otherwise have prevented those persons from so informing because of such violence, threat or fear.

Annotations:

Editorial Notes:

E27

Power pursuant to section exercised (13.04.2015) by Housing (Local Authority Tenancy Warnings) Regulations 2015 (S.I. No. 122 of 2015), in effect as per reg. 2.