top of page

By and large I feel Dublin City Council look after the city pretty well, however, in their management of the housing stock particularly the evictions section they can be tyrannical. In their enthusiasm to evict people they have been ruthless and carried out their tasks with callous indifference causing suicides and great sufferings to individuals and mothers with babies in arms.

From 1966 to 2015 the Local Authorities used the English technique for recovering possession of their housing stock.

This method was enacted into Irish law by Section 62 of the Housing Act 1966. 1966 http://www.irishstatutebook.ie/eli/1966/act/21/section/62/enacted/en/html

 

To circumvent tenants fundamental rights and deprive him of any defense against eviction from his local authority dwelling. The tyrannical legislation took away the right of an occupier to defend his abode. The legislation determined that on four conditions being meet it was mandatory for a Judge to grant the possession order applied for.

The gist of the technique was that the conditions could be put in place by the property owner if he wished to evict his tenants.

 

Most tenants left without fighting the situation. I have clear memories of families living on the street of Dublin surrounded by furniture trying to protect their worldly belongings. 

Throughout the years the legislation was unsuccessfully challenged for its constitutionality by tenants who were fortunate enough to be able to hire lawyers or get professional representation by other means. The Supreme Court of Ireland upheld the constitutionality of the section 62 in the landmark case the State (O’Rourke) v Kelly [1983] I R 58. It was challenged on the grounds that it breached the separation of powers. 

 

Tenants of local authority tenants are not legal experts. State Representation was denied to them and they could not realistically fight the evictions. Some of the Corporation/Council workers involved reveled in the tenants predicaments. They did not conceal their feelings in the courts and some profited by selling the household appliances of the evicted hapless tenants.

 

I was born in an upstairs bedroom of my parental home in Drimnagh. I lived there all of my lifetime except for some periods in which lived elsewhere in Dublin or worked in the UK. In the 90’s I was living there and official carer to my mother for years previously.

 

I always considered that the house was my home. The dwelling had been purchased on the Tenant Purchase scheme of the time. My mother passed away in September 1997. There was a will. The main asset of the estate was the house it was bequeathed to the youngest of the family. The executrixes (my sisters) hired expensive lawyers in their endeavors to evict me. I won’t comment, at this time on what, I believe, was their motivation. They were not successful.

 

Following my success in my personal battle to keep a roof over my head I was contacted by a person and asked if I could help a lady that was being evicted from her home by the Corporation. It was Saturday night they were in Lowe’s pub at Dolphins Barn with her belongings in black bags. I invited the lady and her daughter to my flat to discuss the matter. I recorded her story on my PC.

Mrs. O'Reilly 

Mr. Christy Kirwan 

Boyser's Story

Mrs. Rosleen Duff

Mr. Willie King 

Rosleen's Story
Willie's Story

The Thomas Family 

Ms. Rachel Rooney

Thomas Family Story
Rachel's Story
bottom of page