A Supreme Court judge has found that Irish tenancy law breached constitutional protections by failing to provide any route for a minor to seek to remain in a family home after the death of a tenant parent.
Mr Justice Gerard Hogan delivered his judgment on November 26, 2025 in proceedings brought by ZG and her 17-year-old nephew, EW. EW had lived with his mother in a Clúid Housing Association property held under a Part 4 tenancy. His mother was murdered in July 2023, and the tenancy lapsed on her death.
Because EW was under 18, he did not fall within the categories listed in section 39(3) of the Residential Tenancies Act 2004 who may elect to take over a deceased tenant's Part 4 tenancy. He has since lived with his maternal grandparents.
Hogan J said the case concerned an alleged constitutional gap rather than a claim that section 39 should simply be struck down. The complaint was that the legislation provided no mechanism at all for a child in EW's position to have a guardian or relative seek continuation of the tenancy.
The judge held that Article 40.5 of the Constitution, which protects the inviolability of the dwelling, is not confined to police searches or forcible entry. In his view it also protects the home's role as a place of security and repose.
Reading that protection together with Article 42A.1, which requires the State as far as practicable to protect children's rights, Hogan J concluded that the complete absence of any mechanism for a minor in these circumstances breached the Constitution.
He said he would allow the appeal and invited submissions on whether an order requiring the Oireachtas to legislate by a specified date was necessary or appropriate.
However, the judgment itself refers to a separate majority judgment. The final majority disposition of the Supreme Court cannot therefore be established from this document alone.