Gap in housing law leaves domestic violence survivors at risk
A gap in housing legislation is leaving vulnerable women and children at risk, even in cases of recognised domestic violence.
Fine Gael Councillor Gayle Ralph is calling for urgent reform as an expiring barring order will cause “real and immediate risk” to vulnerable individuals. Citing a Dublin City Council tenancy case, the Cabra-Glasnevin representative said a young woman and her child are facing “an increasingly precarious situation.”
Despite a history of domestic violence and the granting of a barring order, Cllr Ralph claims the council has indicated that it cannot alter the joint tenancy without the consent of the second tenant. The second tenant is currently not residing in the property, but plans to return at the end of the barring order.
This situation exposes a fundamental flaw in the system according to Cllr Ralph, who said current housing legislation is inadequate to address these safety concerns. She pointed out that Housing (Miscellaneous Provisions) Act 2009 treats joint tenants as equal parties and does not provide a clear mechanism for local authorities to remove one tenant without consent.
While this framework may be appropriate in standard tenancy situations, Cllr Ralph believes it does not account for cases involving domestic violence. “Where the courts have intervened to protect a woman and child, there should be a clear legal pathway to ensure that protection is not undermined once a barring order expires,” she said.
"I am calling for the urgent introduction of a specific legislative provision that would allow local authorities to remove a joint tenant and transfer the tenancy into the sole name of the remaining occupant in cases where domestic violence has been established.”
Barring orders are, by their nature, temporary. Cllr Ralph explained that they provide short term protection but do not address the long term housing insecurity faced by victims. “Without reform, women remain at risk of being forced back into unsafe living situations or facing homelessness,” she said.
"No woman should have to live with the fear that an abusive partner can return to the home simply because housing legislation has not kept pace with reality. This is not just a housing issue, it is a matter of safety, dignity, and the protection of children.
“Housing policy must be aligned with domestic violence protections to ensure that survivors are not left vulnerable once court orders lapse. Immediate action is needed to close this gap and ensure that the system protects those who need it most."
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