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Allegation of anti-social behaviour should have been notified to squatter before removing him from public housing
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Supreme Court dismisses appeal from High Court, and affirms order to quash a decision of a local authority to invoke statutory powers to have the Gardaí remove a squatter from public housing arising from alleged anti-social behaviour, on the grounds that: (a) notwithstanding that the person was not lawfully residing in the house at the time of his removal, he should have been notified of the allegations of anti-social behaviour before the decision was made to remove him; and (b) it was not necessary for the suspicion of anti-social behaviour to be strong, and an informal process could have been used in the circumstances to invoke the statutory procedure in respect of a squatter.
Relief sought in proceedings: Judicial review of decision to remove squatter from local authority housing for anti-social behaviour
Application before the court: Appeal from order of certiorari
Outcome: Dismissal of appeal.
Grounds: Squatter entitled to be notified of allegations prior to invocation of statutory procedure.
McKechnie J (nem diss): Removal of person from local authority house - anti-social behaviour - application for injunction to retake possession of the house - mandatory injunction - hearing of substantive action - quashing of decision to invoke powers to remove person from house - s. 20 of the Housing (Miscellaneous Provisions) Act 1997 - whether due process or fair procedures had been followed - whether house had been applicant's 'home' - whether he had rights in premises even if no lawful entitlement to be in occupation - whether local authority was required to notify squatter - findings of fact in High Court - death of respondent's aunt - keys obtained to house - whether he had right to succeed to the tenancy - no record of living in house - whether local authority exceeded its powers - Housing (Miscellaneous Provisions) Act 2014 - failure to inform applicant of the complaint against him of anti-social behaviour - deception of local authority by applicant.
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