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Rent Allowance Case 1

Question At Issue:

Whether the appellant vacated housing provided by the local authority without just cause.

Background:

The appellant lived in a local authority housing estate which was subsequently taken over by a local housing association. Due to a medical condition, she was unable to access the upstairs of the house and it was her understanding that, prior to the housing association taking over responsibility for the estate, the local authority had approved a grant for the installation of a downstairs bathroom. However, it transpired that the housing association had planned to carry out large scale improvements to the entire estate which could take up to two years to complete and they indicated that no grant had been approved in respect of the appellant’s house. The housing association were aware of the appellant’s medical condition and sought to assist her in finding alternative accommodation. As a result, she moved to private rented accommodation on the understanding that her rent would be paid. Her claim to rent supplement was subsequently disallowed on the grounds that she vacated her local authority accommodation without just cause.

Oral Hearing:

The appellant attended accompanied by her daughter. Two representatives from the Health Service Executive and a representative from the housing association also attended. The housing association representative confirmed the position as described above and indicated that they had sought to assist the appellant in securing alternative accommodation given the length of time it would take to complete the major improvements planned for the housing estate. There was disagreement between the appellant and the housing association representation as to the advice that she had been given. She stated that she had been told by a staff member of the housing association that her rent would be paid whereas the representative from the housing association indicated that she was advised that her entitlement to a rent supplement was by no means a certainty and that she should have taken that fact into consideration before moving to private rented accommodation.

The representative from the Health Service Executive argued that the appellant’s housing needs were primarily a matter for the housing association and that it was unusual in such cases for parties to rent private accommodation and then seek a rent supplement. The normal procedure would be for the local authority to arrange to have the renovation work done with the minimum disruption to the tenant. In any event, the installation of a downstairs bathroom should not involve an absence from the house of some two years. A number of alternative housing options were discussed during the oral hearing none of which appeared to offer the appellant an immediate solution to her problem.

The appellant indicated that she had received notice to vacate her private rented accommodation due to rent arrears which had accumulated during the period in question. She said that she had never wanted to vacate her local authority house and now found herself in a very difficult position.

Consideration of the Appeals Officer:

The Appeals Officer was satisfied that the appellant’s local authority house failed to meet her housing needs. The housing association representative had indicated that the appellant was identified as being in a house which did not meet her needs when ownership and management of the estate was taken over by them. Furthermore, the Health Service Executive did not dispute the fact that the appellant was inadequately housed but made the point that responsibility for the appellant’s housing needs rested with the housing association. The Appeals Officer also considered the nature of the dispute which had arisen as to the advice given to the appellant, following which she had moved to private rented accommodation and sought assistance with the rent through a rent supplement. She is now in a position whereby she may have to wait two years before returning to her local authority home.

The Appeals Officer had regard to the relevant legislation which provides that a rent supplement may be payable if the Health Service Executive is satisfied that a claimant had just cause for leaving accommodation provided by a housing authority. In the light of the circumstances of the case and all the evidence before him, he concluded that the appellant had just cause for leaving her local authority accommodation.

Outcome:

Appeal allowed

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