Rent hike for Council tenants facing 'undue hardship' can be reduced
Those facing extreme hardships due Dublin City Council’s rent hikes can have their rates reduced in exceptional circumstances.
Despite major pushback and ongoing protests by affected tenants, the new Differential Rent Scheme was introduced in April. With average rents increasing from €83 to €108 a week, many already struggling families said the hike was too much to bear in the midst of a worsening cost of living and energy crisis.
But Social Democrats Councillor Mary Callaghan pointed out at the most recent North West Area Committee meeting that there is a clause within the scheme to accommodate those who simply cannot afford the increase. Section 10 of the scheme makes reference to “undue hardship” caused by the hike and states the council “may amend the rent” if deemed appropriate.
Citing recent media coverage of dilapidated flats at Oliver Bond House in desperate need of regeneration, Cllr Callaghan said representatives should be doing more to get the word about this clause. With tenants’ increases being larger depending on how many income earners there are in the house, she highlighted those paying “extortionate rent” for unsuitable overcrowded apartments not fit for purpose due to damp, mould, and a lack of space.
“One of the really important things we can actively do at the moment is highlight there is a process for hardship cases. The council has put that in for people who cannot pay the extra rent,” she said.
“There is a process to get in touch with the council to have that potentially renegotiated. I don’t think we talk about that enough.”
This point was raised during discussion of a motion tabled by People Before Profit Cllr Conor Reddy who noted that five out of six North West Area councillors (the exception being Fianna Fáil Cllr Keith Connolly) voted against the budget that included the increases. He said this shows a clear majority in their area are opposed to them.
“These increases came into effect as the cost of living crisis escalated. Over 320,000 people are currently in arrears on their energy bills and many families report cutting back on food, heating and other essentials to make ends meet,” Cllr Reddy’s motion stated.
“The increases are particularly unjust for tenants living with damp, mould, sewage problems, poor windows and doors, and longstanding maintenance issues. These issues are especially apparent in older housing stock in the North West Area, in maisonettes and senior citizens’ housing, in particular.”
Cllr Reddy called on the Chief Executive Richard Shakespeare to reconsider the increases and urgently examine alternative revenue-generating measures. His suggestions for alternative measures included a rate-and-rebate scheme to raise money instead from the city’s biggest commercial businesses, a tourist tax, or the collection of unpaid derelict site levies.
Speaking on rent reductions for cases of hardship, Cllr Reddy said the information has been harder to source over time, stating although the clause is available to view on the council’s website, the email for people to request a review is not. “It seems at a time when people are struggling, they’ve made it harder to find the safety net,” he said.
“It’s particularly relevant when you look at how the rent increases effected huge numbers of HAP tenants, Homeless Hap tenants in our area in particular who are paying top-ups to private landlords in addition to their rent increases. For them, that means potential arrears to private landlords.”
Section 10 of the Differential Rent Scheme, which outlines Hardship/Exceptional Circumstances cases is as follows:
“Where a weekly debit and/or rent arrears, balance is calculated in accordance with the Scheme that may give rise to undue hardship, the Council may amend the rent and/or rent arrears balance if deemed appropriate. Under exceptional circumstances adjustments can be made for a specific period or value to be determined on a case-by-case basis.
“Supporting documentation and engagement with relevant third parties and their observations will be required with any application received under the Hardship Clause.
“If a hardship request is approved, the Council will confirm the period for which the Hardship Clause will apply. A reduction in the weekly rent charge under the Hardship Clause cannot be lower than the minimum rent charge set out in section 8 of this scheme. This also applies to Housing Assistance Payment tenancies.”
This content is funded by the Local Democracy Reporting Scheme