What are my basic housing rights?
Applying for social housing
A local authority or an Approved Housing Body provides social housing to people who are assessed as being unable to afford housing from their own income.
If you are ordinarily resident in Ireland, you have the right to:
- apply to your local authority to be assessed for social housing support
- get information about you held by public bodies, including a copy of your local authority housing file
- be treated fairly when a local authority is assessing you for accommodation and support.
Complaint to Ombudsman
You can complain to the Ombudsman (www.ombudsman.ie) if you are unhappy with how a local authority has dealt with your case. Further details about how to do this are available here.
The family home
This section applies to family homes which are privately owned – it does not apply to social housing tenants. The term ‘family home’ is used in law to describe a home where a married couple ordinarily resides, and which is privately owned. It can either be owned solely by just one spouse, or owned by both spouses as a joint tenancy. A joint tenancy means that both spouses own the property in equal shares. If you are in a family home with your spouse but do not own or jointly-own the property, your family home cannot be mortgaged or sold without your consent.
Homelessness
If you are homeless, you have the right to receive a homeless assessment from your local authority.
If you are a homeless child (under 18) you have the right to suitable accommodation.
Tenancy agreement
If you are a local authority tenant, you have the right to a tenancy agreement that sets out your rights and obligations as a tenant. This tenancy agreement can either be a fixed-term tenancy that covers a specific period of time, or a periodic tenancy that does not mention a specific amount of time.
Housing in good repair
You have the right to housing that is fit to live in and in good repair. Examples of repairs which the local authority are responsible for include:
- structural repairs
- electrical faults
- flooding.
Eviction
You can apply to be heard in court if you think a proposed eviction may be unfair.
Reduced rent
If you fall into hardship, the local authority may reduce your rent if you are having difficulties paying it. You can request a reduced rent if you need to.
Traveller Community
If you are a member of the Traveller Community, you can ask the local authority to consider you for Traveller-specific accommodation like halting sites and group housing schemes.
Excluding orders
You have the right to apply for an excluding order if you are the victim of anti-social behaviour in or near your home.
Discrimination
You have the right not to be discriminated against in relation to access to housing.
While every effort has been made to ensure the accuracy of this information, it is provided for general legal information only. It is not a substitute for legal advice. MLRC does not accept any legal liability for the contents of these Frequently Asked Questions (FAQs). People with specific legal problems should consult a solicitor.
