HOUSING

Under s 54 of the Health Act 1953, it is the duty of
the appropriate health authority to provide “such
institutional assistance as appears…necessary or
proper in each particular case” to persons who are
unable to provide shelter or maintenance for
themselves. At the time that this Act was passed,
such assistance was usually institutional and
consisted of being maintained in a county home or
similar institution. The fact that this provision
remains in force implies that the Health Service
Executive may continue to have an obligation
to house people “unable to provide shelter for
[themselves]” if, for some reason, the local authorities
fail to do so.
Legislative protections in relation to
private housing and rented
accommodation
While the protection of the right to housing is
largely underdeveloped in relation to privately
owned housing and rented accommodation, there
are some protections available. These include:
0 protections for the family home and the
residents of the family home in the case of
marital or civil partnership breakdown or
domestic violence; 31
0 the right to a four year tenancy, with limited
grounds for termination, in private rented
accommodation if a tenant has been in
occupation for six months continuously
and no notice to quit has been served; 32
0 the right to a rent that is no greater than
current market rent; 33
0 the right to not have rent reviewed more
than once in each period of 24 months nor
in the period of 24 months after the start
of the tenancy; 34
0 the right to refer a landlord and tenant dispute
or resolution to the Private Residential
Tenancies Board (PRTB) and the right of appeal
from the decision of the PRTB to the High Court
on a point of law; 35
0 the duty to build all new houses in accordance
with the building regulations, which require
basic structural, safety, hygiene, and access
standards 36 and provide basic physical standards
for private rented accommodation; 37 and
0 protections for people who are trying to access
housing finance, having difficulty repaying their
loans or can no longer meet loan repayments. 38
Case law in relation to social
housing and homelessness
Case law in the area has also developed
the following rights and duties in relation
to social housing:
0 the duty of the local authority to perform
its functions in a reasonable and rational manner
39
and the duty of the Court to overturn a decision
of the local authority if that decision flies in the
face of reason or was defective on grounds of
failure to observe the rules of natural justice or
was illegal or ultra vires; 40
0 the right to an independent proportionality
assessment where the Article 8 European
Convention on Human Rights right to private
and family life, home and correspondence is
interfered with; 41
0 the right for recipients of social housing
to obtain habitable and culturally
adequate housing. 42
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