Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court, in judicial review proceedings brought by tenants of property in respect of which a county council has ceased making housing assistance payments to a landlord on foot of a statutory scheme due to a deterioration in the condition of property seeking declaratory and mandamus reliefs in respect of the council's cessation of the payments, refuses the reliefs sought, on the grounds that: (1) the legislative scheme enables the ceasing of payments despite no 'prohibition notice' being served, and the dwelling failed to comply with statutory rental standards; (2) ceasing of such payments was permissible by virtue of a contractual agreement between the landlord and the council; and (3) it is unclear if relief by way of mandamus requiring the landlord to rectify the property's defects would have the desired effect given the history of non-compliance by the landlord.
Judicial review - housing assistance payment - landlord's agreement with county council regarding statutory payment scheme - home inspection - defects threatening continued payment to tenants - significant deterioration of property over time - tenants remain in property - legislative regime underpinning housing assistance payments - prohibition notice - enforcement of standards for all rental properties - whether cessation of payment can take place without issue of a 'prohibition notice' - reliefs sought - declaration that notice served on applicants to move out of property is in breach of natural and constitutional justice and ultra vires the council's powers under legislation - declaration that council's decision to cease making payments is in breach of natural and constitutional justice and ultra vires the council's powers under legislation - mandamus requiring council to take appropriate steps against owner of property - prohibition notice not sent - whether a contractual relationship between council and landlord permits ceasing of payments - statutory interpretation - failure to issue prohibition notice does not in and of itself govern the cessation of payments - no obligation to serve an improvement notice where there is a failure to comply with rental standards - contract between landlord and council - contractual ability to cease payments for non-compliance with property/building standards - scheme application form governs ongoing payments - entitlement to cease payments having regard to terms of application form - mandamus directing executive action only granted in very limited circumstances - council not legally obliged to issue prohibtion or improvement notices - no legal wrong on council's part in failing to issue notices - no legal entitlement to mandamus - discretionary nature of relief in judicial review
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now