Councils could remove perpetrators of domestic violence from tenancies under new laws proposed by Wexford councillor

By Simon Bourke, Wexford People

Local councils could be given the power to “remove perpetrators of domestic violence from joint tenancies” under new legislation being proposed by a Wexford county councillor. Following the admission last month that Wexford County Council cannot intervene in cases of suspected domestic violence because it is considered a “civil matter between the persons within the property” and the “civil part of the law doesn’t impact the tenancy.”, Councillor Aoife Rose O’Brien has called for a change to existing policies at national level.

Submitting a motion at the December meeting of Wexford County Council (WCC), the Sinn Féin councillor said local authorities needed to be supported in their efforts to protect vulnerable tenants.

Subsequently passed by her colleagues, Cllr O’Brien’s motion called on Housing Minister James Browne TD to “develop and implement a clear national policy and legislative mechanism enabling local authorities to remove perpetrators of domestic violence from joint tenancies where a tenant has been found, through appropriate legal or protective processes, to have perpetrated domestic abuse against another tenant or occupant, in order to protect victims and other household members.”

Asking that any new legislature “prioritise the safety and housing security of victims”, Cllr O’Brien emphasised how victims and survivors of domestic violence often find themselves without appropriate housing as a result of their experiences and called on Minister Browne to ensure that “survivors of domestic violence are not placed at risk of homelessness or forced to leave their homes because of the abusive behaviour of another joint tenant.”

"This policy will also provide local authorities with explicit statutory authority to amend or sever joint tenancies in circumstances where a tenant has been found, through appropriate legal or protective processes, to have perpetrated domestic abuse against another tenant or occupant,” the motion read.

Requesting that these measures be progressed as a “matter of urgency” to support local authorities in “maintaining safe and stable social housing environments”, Cllr O’Brien’s motion will now be forwarded to Minister Browne.