To the Lord Mayor and
Members of Dublin City Council

Report No. 132/2018
Report of Assistant Chief Executive

________________________________________________________________________
Report on review of the Scheme of Lettings
_______________________________________________________________________
Section 22 of the Housing (Miscellaneous Provisions) Act 2009 requires housing authorities
to make an allocations scheme determining the order of priority to be accorded to
households assessed as qualified for social housing support and to households, already in
receipt of social housing support, that are approved for transfer. Sub-Section 22 (9) allows
for a review of the scheme by the Elected Members of the Local Authority, for its
amendment or for a new scheme
The setting of income levels on qualification for inclusion on the assessment of housing
need is a national issue and any changes to those income levels is a matter for the
Department of Housing, Planning and Local Government and is outside the control of Dublin
City Council and this review. This is the first review of this Scheme, which was adopted in
2014. The Scheme was however amended in 2017 to include provision for the Housing
Assistance Payment (HAP) Scheme.
It is essential at a time of very limited supply, that such a Scheme reflects as much fairness
as possible for all applicants on the Housing and Transfer Lists and to avoid any unintended
implications from any of the various provisions in the scheme.
A scheme of lettings sub-group of the Housing Strategic Policy Committee was established
some months ago and met on several occasions with additional feedback by email
submissions. Elected members of the City Council have very significant direct experience in
the operation of the Scheme of Letting Priorities.
In addition the issues involved have received very significant consideration and reflection
from Management in the City Council and in the Dublin Region Homeless Executive. There
is considerable expertise and experience built up over many years on Housing and
Homelessness in both DCC and the DRHE with staff in the Central Placement Service
(CPS) and the Housing Allocations/Housing Welfare Service having the greatest interaction
of all with homeless households in Dublin on a daily basis.
The process was also assisted by the experienced research team which is part of the DRHE.
We also received and considered representations on the review from Focus Ireland and we
have discussed the issues raised with them on a number of occasions. We welcome their
input.
A number of key themes have emerged in
consideration/reflection. These are developed below:

the

course

of

consultation

and

 Homelessness:
Dublin City Council is proposing to continue assessing homelessness as defined in the 1988
Housing Act and recording it as the basis of need but will no longer prioritise offers of social
housing to homeless families ahead of other households who have prior dates of application.
(many are much longer on the waiting lists)
As it stands once a family is accepted and assessed as homeless they move onto a
separate Homeless Priority List as well as being offered various forms of emergency
accommodation. The rationale for the proposed changes is as follows:
1. Dublin City Council provided a higher than ever number of homeless households with
social housing in 2017, including 130 Rapid Built homes provided specifically for
homeless families and also acquisitions by the National Housing Agency from the
various Financial Institutions (Distressed mortgages). We consider that it was the
correct response to the housing situation at that time however we need to be equally
conscious of the large number of families with far longer time on the housing list who
are themselves moving between rental properties and facing many of the same
issues in relation to security of tenure in the private rental market.
2. There is overcrowding in the private sector but also within our own social housing
stock that may soon become unsustainable and also result in homelessness. There
was a strong view from the elected members’ sub-group that we need to prevent
homelessness and deterioration of existing stock by relieving overcrowding.
3. Some households with very long waiting times are at risk of being disqualified on
income grounds despite having an assessed need over a number of years. Local
authorities cannot exercise discretion in relation to income thresholds. It is hoped to
address this by directing more housing offers to those qualified for the longest period.
4. The Dublin Region Homeless Executive continually researches patterns of use by
families in emergency accommodation. Families who are new to homelessness are
far more likely to avail of Housing Assistance Payment (HAP) and have shorter stays.
Once families stay beyond 6 months in emergency services the uptake of HAP
decreases.
5. We are concerned that families may endure a prolonged period in emergency
accommodation (particularly in commercial facilities) and not consider alternatives, in
order to secure what they believe to be the most sustainable option for their family i.e.
permanent social housing. This is completely understandable but DCC does not
have adequate housing stock and families may not realise that waiting for a
permanent social housing offer given the current numbers in homeless services is
likely to take some years.
6. While emergency accommodation options have been enhanced with the introduction
of Family Hubs we consider that the Housing Assistance Payment Scheme within the
Private Rented Sector has become a much more sustainable option for Homeless
Families. Under our proposed changes to the Allocations Scheme families will move
more quickly out of HAP and the resultant vacancies will be back filled by other
Homeless Families.
While it might seem counter-intuitive to cease prioritising homeless families for social
housing as in the current Scheme, it is with a view to encouraging shorter stays in
emergency accommodation and supporting families to rent independently with enhanced
financial and social support.

 This will be balanced by significantly increasing the level of allocations to Homeless
HAP on Band 1 of the Transfer List.
In summary what we propose for Homeless Families is:
a) Continuing the provision of emergency accommodation where necessary including
Family Hubs.
b) Continued qualification for the Homeless HAP scheme, with a month’s deposit and
rent in advance and 50% uplift on existing rent supplement caps;
c) Retaining their full length of time entitlement on the list when moving onto the
Transfer List from a Homeless HAP Tenancy.
d) Expanded place-finding service to assist families in emergency accommodation to
find accommodation under the Housing Assistance Payment Scheme (HAP)
e) A much higher proportion of lettings to Band 1 Transfer HAP.
f)

Continuing to set aside a small proportion of dwellings Under CAS and other housing
development schemes specifically targeted at vulnerable homeless households.
These will include housing provided by Focus Ireland, Peter McVerry Trust, Dublin
Simon, Alone etc.

g) Homeless Families may apply for medical and welfare priority in the normal way, and
we will put greater focus on Homeless families gaining welfare priority through our
Housing Welfare Service.
h) Homeless households reached for offer under the length of time qualified on the list
will continue to be offered social housing.
i)

Visiting support varying from intensive and indefinite (Housing First) to time-limited
and low-support will be made available to homeless households.

j)

We will continue to set aside a number of units for Housing First as the most effective
response to rough sleeping and chronic homelessness. Priority for these units is
based on the length of time homeless and the level of vulnerability to rough sleeping.

k) Persons of 55 years and over in Section 10 funded services and on the Council’s
housing list will continue to be prioritised for Older Persons accommodation schemes.
It is very important that I further clarify item (e) above which will confirm that the proposed
revision of the scheme will not result overall in Homeless families being de-prioritised.
In 2017 just over 20% (318) of all lettings made by Dublin City Council were to Homeless
families and in the context of the proposed revision of the scheme, Dublin City Council will
continue to make a similar level of lettings to Homeless families by gradually increasing the
proportion of total lettings to families living in Homeless Hap tenancies (Band 1 Transfer List)
while continuing to house those existing families with Homeless priority under the current
scheme. Overall between these lettings to Homeless families and Transfer lettings to
Homeless HAP residents, Dublin City Council will maintain a target allocation of 21% of
lettings to Homeless Families (including this year 2018.) Any revisions approved to the
Allocations Scheme will not be applied retrospectively and they will only become effective
after approval by the Elected Members at a full City Council meeting.
Please see addendum report at the end of this document for further information on the
proposals on Homelessness.

 Children in Shared Custody/Access arrangements:
The issue of children in shared care arrangements being offered separate bedroom
accommodation for those children has been considered. While acknowledging these
children may have bedrooms allocated to them with their custodial parent all parties agreed
that in principle it would be beneficial to provide for overnight access through the provision of
extra bedrooms.
However, Dublin City Council is obliged to have regard to the housing available to it and the
need to secure the most beneficial, effective and efficient use of such limited stock.
Consideration must be given to children in overcrowding situations (Band 2) and families
currently in emergency accommodation where children do not have any separate bedroom
(Band 1).
The impact of allowing additional bedroom requirements in these cases would be significant:
a) There are currently 895 access households identified on the system.
b) It is likely this would increase if the policy changes. This may impact significantly on
current housing and transfer list positions for 2 bedroom accommodation.
c) There will be an effect on the supply both in social housing and in the rental market
of 2 bedroom accommodation available to families if separated parents are also
competing for this accommodation.
If supply was not so constrained, Dublin City Council would recommend listing parents with
partial custody/access arrangements for one additional bedroom on assessment of the
relevant legal documentation.
However given the extensive waiting lists in Dublin City Council, it is recommended that
while there are households with children on the housing list with a greater need, i.e.
bedroom allocated to them, the following should apply:
a) In general save for particular reasons a child assigned a bedroom with one parent
will not be assigned a room with the other for as long as other families with children
have no accommodation with separate children’s bedrooms.
b) Children of parents living apart will in general be included in the Household of each
parent but the type and extent of accommodation, which they require, will be
assessed taking into account the extent to which their need for accommodation is
met in the household of the other parent. In determining the most appropriate form of
social housing support for a household the council will consider the availability and
best use of scarce resources.
This particular issue received much attention and diverse views from members of the
Strategic Policy Committee (SPC) and while we are not recommending any real change at
this time, it is ultimately a matter for the elected members to decide upon.

 Older Persons:
Dublin City Council sets aside a proportion of its stock to cater for the housing needs of older
persons.
As an older person is defined in the Housing (Miscellaneous) Provisions) Act 2009 as ‘’65
years or older’’ it is recommended, without affecting existing qualified applicants, that the
age of qualification for Older Persons accommodation be raised to 60 (Currently 55) with
consideration on application of persons 55 years (Currently 50) and over where any of the
following factors apply:
1.
2.
3.
4.

Disability: Physical, sensory, intellectual or mental health
Medical Grounds: if the applicant has been awarded medical priority.
Compassionate: If the applicant has been awarded welfare priority.
Homeless: If the applicant is residing in Section 10 (Housing Act) funded Housing.

In a previous era when there was a plentiful supply of suitable housing, Dublin City Council
reduced the age of qualification for older persons accommodation (to 55 and 50) but we
consider that it is now appropriate to increase both by five years. We will allow a transitional
period of three months before implementing these particular provisions.
Disability:
Dublin City Council will require 5% of all new developments to make specific provision for
disability. Dublin City Council under its Capital Assistance Scheme (CAS) and other housing
development schemes sets aside a small proportion of dwellings for individuals who, in the
opinion of the housing authority and supported by objective assessments, require specific
supports relating to their form of disability and will allocate appropriately (based on date of
qualification in the first instance and match of needs in the second). E.g. HAIL/Cheshire
Homes etc.
Medical Priority:
As requested we have attempted to set out more clearly how medical priority is awarded and
to separate it from disability.
Refusals:
We are setting out more clearly what happens in the case of refusals of housing offers.
Appeals:
We have included provision for an appeal of decisions.
Equalisation of Band One:
It is proposed to use the qualifying date for Band 1 as the basis for housing offers. In effect
this means there would be no advantage in having a medical over a welfare priority and no
need to apply twice for priority.
Transfer Chain:
This is a new proposal based on a suggestion in one of the sub-groups. It would allow for
DCC to implement a number of moves in a chain to meet a number of needs and optimise
the stock.
Young people exiting care:
There is a new provision relating to this important category.
Other changes:
A small number of other changes have been made largely relating to clarifying areas of
existing policy e.g. succession of tenancy.

 Retrospection:
Any approved revisions to the scheme will not be applied retrospectively.
Conclusion:
This important issue has been under consideration now for a long period with extensive
input from a range of experts in this field.
The proposed revised scheme (first draft) report was debated comprehensively at the March
meeting of the Housing Strategic Policy Committee (SPC) and similarly at the April SPC
meeting.
We are now submitting this Revised Scheme of Letting Priorities to the Elected Members of
Dublin City Council for approval.
Brendan Kenny
Assistant Chief Executive
14th May 2018

 N.B - This report should be read in conjunction with the Scheme of Letting Priorities
Document (attached) where all the material revisions are outlined in yellow print.
See next page also for Addendum Report on Homelessness Issue.

Addendum to report, Proposals on Homeless Applicants.

The following Notice of Motion in the name of Councillor Alison Gilliland was submitted to
the SPC in the course of the debate on the Review of the Scheme of Letting Priorities
(Allocations Scheme)
DCC notes the proposed changes in the Housing Allocations System, in particular the
changes relating to removal of the Homeless Priority waiting list. DCC also notes the
concerns regarding these changes expressed by key organisations working to support and
evidence those experiencing homelessness. To ascertain that these proposed changes do
not negatively impact on the experience and the opportunity to be housed of those families
and individuals who find themselves homeless, DCC will carry out a full Impact Analysis on
the proposed changes and present the results for consideration prior to any decision being
taken to proceed with the proposed allocations.
At the April meeting of the SPC it was agreed to proceed to the May City Council meeting to
seek approval for the proposed revisions to the scheme but that management would further
consider the contents of the Motion and prepare an addendum report for the Council
meeting (14th May) which could be discussed also at the next SPC meeting which will be
held on Thursday 10th May.
Housing Management will ensure that an impact Assessment of the Changes relating to
Homelessness will be carried out by Dublin City Council which will be initiated with effect
from the date of implementation and will continue during the 12 months following
implementation. This assessment will also examine the opportunities/or lack of for those
Households in overcrowded situations. We will report on an ongoing basis to the Housing
SPC on this impact assessment.
In 2017 the following represented the breakdown of overall lettings made by Dublin City
Council:
Number to the Housing List – 1,107
Number to the Transfer List - 479

70%
30%

Going forward in the context of the proposed changes in the review, this breakdown will
move to 50/50.
The following is a further breakdown of lettings in 2017 as per each band:
Housing List, 1,107- (2017)
To Band 1
To Band 2
To Band 3

725
217
165

66%
20%
14%

Transfer List, 479– (2017)
To Band 1
To Band 2
To Band 3

210
127
142

44%
26%
30%

 Going forward as the new scheme develops the following shows in general terms how
lettings will be divided up:
New scheme Housing List- 50% of lettings
To Band 1
To Band 2
To Band 3

40%
40%
20%
100%

New scheme Transfer List – 50% of lettings
To Band 1
To Band 2
To Band 3

Total

60%
30%
10%
100%

Currently there are 637 families (DCC applicants) in Homeless emergency accommodation
and they will continue to be catered for under the provisions of the existing scheme.
There are over 2,500 Homeless HAP tenancies now in the Dublin area with 175 new
tenancies being sourced in March which exceeds the monthly target of 120. While this
important scheme is holding up so far, if this situation changes significantly i.e. if the
numbers available decreases then we will need to review the Scheme of Letting Priorities
accordingly.
Until the families above (637) are accommodated in HAP or in social housing the 21% ring
fenced lettings for Homeless families will be divided between this grouping and those in
Homeless HAP.
We will work closely with Landlords with a view to ensuring that vacancies that arise in
Homeless Hap tenancies are backfilled by other Homeless families. This work will be done
by our Prevention and Place-finding teams. The proposed new Allocations Scheme means
that taking up a Homeless HAP tenancy is now a much stronger route into permanent social
housing rather than an alternative to it.
There is of course a worry about insecurity in the private rented sector (even though HAP
has been relatively stable) in the Dublin area, and there is a need to give special attention to
families who through no fault of their own find themselves evicted from a Homeless HAP
tenancy. We will prioritise those families as much as possible through our Prevention and
Place finding teams. There would be some merit in changing the term Homeless HAP in
order to eliminate any stigma that might attach to it. This is something we will consider.
We recognise that some families in emergency accommodation are particularly vulnerable
and not able to cope with the complexities of the Housing System and therefore we will
deploy some additional Welfare support service to assess and support these families linking
in with the Focus Ireland HAT team who already carry out an assessment of each Homeless
family. Some such families could be designated as priority under Band 1 of the Housing List.
In relation to single Homeless Persons there were 165 lettings to this grouping in 2017
which represented 14% of Band 1 Housing List lettings. We do not anticipate any reduction
in this number going forward indeed it needs to be increased and will do so mainly through
the Housing First initiative. Single Homeless persons who are in Homeless HAP tenancies
will be catered for under Band 1 Transfer List and others will catered for under Band 2
Housing List and Housing Band 1 if they have welfare or Medical priority.

 The changes being made in the scheme if approved are in our view significant but fair and
take account of the changed Housing environment in recent years (HAP etc) however we
are of course operating within the reality of a very serious housing supply situation and any
Allocations Scheme in that context is difficult.
It is essential that there is clear communication of these changes and the implications of
them to the households concerned. We will work closely with existing Case Managers
involved with families in emergency accommodation, with the Focus Ireland HAT team and
other partner organisations in rolling out this necessary communication immediately
following approval of the new scheme.

14th May 2018

 HOUSING
ALLOCATIONS SCHEME
(Scheme of Letting Priorities)

Draft Revision – May 2018

Report Number 132/2018

1

 Housing Allocations Scheme
(Scheme of Letting Priorities)

Section 1.

Introduction
1.1
1.2
1.3

Section 2.

Housing and Transfer Lists
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11

Section 3.

Applications for Housing provided by an Approved Housing Body
Applicants Housed by Approved Housing Bodies Seeking a Transfer

Homeless Persons
6.1

Section 7.

The Housing Assistance Payment Scheme
Applications for Housing under the Housing Assistance Payment Scheme
Applicants Housed under the Housing Assistance Payment Scheme Seeking a
Transfer

Approved Housing Body (AHB) Housing Accommodation
5.1
5.2

Section 6.

The Rental Accommodation Scheme
Applications for Housing under the Rental Accommodation Scheme
Applicants Housed under the Rental Accommodation Scheme Seeking a Transfer

The Housing Assistance Payment (HAP) Scheme
4.1
4.2
4.3

Section 5.

Dublin City Council Banding Scheme
The Housing and Transfer Lists
Waiting Time
Housing Areas
Assessment of Bedroom Requirement
Changing Bands on the Housing List
The Transfer List under the Banding Scheme
Changing Bands on the Transfer List
Transfer Chains
Applications from Tenants of other Local Authorities and Approved Housing Bodies
from outside Dublin City Council Administrative Area
Target Allocations Policy

The Rental Accommodation Scheme (RAS)
3.1
3.2
3.3

Section 4.

Introduction
What Housing does the Scheme apply to?
Who can apply to Dublin City Council?

Homeless Persons

Priority Need for Social Housing Support
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12

Persons Displaced by Fire, Flood, Dangerous Building etc
Persons Displaced by Dublin City Council Redevelopment
Persons Living in Unfit Accommodation
Exceptional Medical Grounds
Exceptional Social Grounds
Older Persons
Tenants Surrendering Larger Accommodation in High Demand Areas
Tenants of Dwellings to be Demolished/Refurbished
Traveller Accommodation
Return of Adapted Property
Young People Leaving Care
Removal of Priority
2

 Section 8.

Choice Based Lettings
8.1
8.2

Section 9.

Introduction
Choice Based Lettings Procedure

Financial Contribution Scheme
9.1

Financial Contribution Scheme

Section 10. Succession to Tenancy and Inter-Transfers
10.1
10.2

Succession to Tenancy
Inter-Transfers

Section 11. General Provisions
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12
11.13
11.14
11.15
11.16
11.17
11.18
11.19

General Rules
Grounds for Refusing to Offer Accommodation
Refusal of Offers of Accommodation by the Applicant
Composite Households
Older Persons’ Accommodation
Applications from Property Owners
Independent Living
Lists, Records and Reports
Approach to Allocations
Household Budget Scheme
Preferential Treatment of Existing Tenants/Residents (Sub-Tenants) of Flats for
Vacancies in the Same Complex
Emergency Needs
Consideration of All Applicants on Estate Management Grounds
Tenant Induction Course
Estate Management / Social Inclusion
Designating Dwellings for Letting to Particular Categories of Applicants
Appeal
Applications for Exceptional Social and Medical Grounds, Financial Contributions,
Traveller and Surrender of Larger Priority
Interpretation

Section 12. Appendix
12.1
12.2
12.3
12.4
12.5

Who can apply to Dublin City Council?
Qualifying for Social Housing - Assessing Eligibility for Social Housing Support
Qualifying for Social Housing - Assessing the Basis of Need for Social Housing Support
Household Composition
Transfer Applications from Tenants with Rent Arrears

3

 Section 1.
1.1

Introduction

Introduction
The purpose of the Allocations Scheme is to set out:
1. The basis for prioritising the allocation of all housing support to persons whose eligibility and
need for accommodation has been established in accordance with Section 20 of the Housing
(Miscellaneous Provisions) Act 2009 (and associated regulations).

2. The basis for prioritising Transfer applications from a Dublin City Council (DCC) tenancy or
other housing support including Approved Housing Body (AHB) Social Housing Leasing
Initiative, Rental Accommodation Scheme (RAS) and Housing Assistance Payment (HAP).
In general, Housing and Transfer applicants will be prioritised having regard to time on the list and,
any Priority Status awarded to applicants for housing or transfer under this Scheme.
1.2

What Housing does the Scheme apply to?
1. Dwellings provided under the Housing Acts 1966 to 2009 or Part V of the Planning and
Development Act 2000 – of which Dublin City Council is the owner.
Or
2. Of which the housing authority is not the owner and which are provided under a contract or
lease between the housing authority and the owner concerned, including rental
accommodation availability agreements and leasing.
And
3. Dwellings owned and provided by Approved Housing Bodies (AHBs) to whom assistance is
given under section 6 of the Housing Act 1993 for the purposes of such provision.

1.3

Who can apply to Dublin City Council?
All those qualified applications as outlined under the Social Housing Assessment Regulations 2011.

4

 Section 2.

2.1

Housing and Transfer Lists

Dublin City Council Banding Scheme
Dublin City Council operates Housing and Transfer lists and allocations are made from these lists.
Within the Housing and Transfer lists, Priority is determined by two factors; the applicant's broad
level of housing need and length of time on the list. The broad levels of housing need are reflected
by bands contained within the lists. Applications will be assessed and placed in the appropriate
band of the Housing or Transfer lists. Once in a band, applicants are offered available housing in
date order.

2.2

The Housing and Transfer Lists
Applicants assessed as being qualified for Social Housing Support are placed on the Housing List.
Applicants assessed as having no housing need will not be placed on the Housing List, but will be
provided with advice, information and assistance on accessing alternative housing options. The list
of qualified households will be categorised into three bands reflecting broad levels of housing need,
from very high, to moderate.
Band 1

Medical and Welfare Priority and other specified Priority Cases

Band 2

All overcrowded cases and those with previously awarded medical or welfare
points
All remaining qualified households

Band 3

Within each of the three bands, there may be households who have specific accommodation
requirements which will need to be identified.
2.3

Waiting Time
Waiting time determines priority for housing within each band. A new applicant will be placed in the
band that reflects their housing need. In all bands new applicants’ waiting time will commence from
the date of their qualification with the exception of Band 1 which is based on the date Priority was
awarded. Any applicants listed before them will have greater priority for offers of accommodation.
The length of time an applicant waits for an offer will be determined by their position in a band, the
number of properties directed towards that band, and by their choice of area and type of
accommodation.

2.4

Housing Areas
Where a household is accepted as being eligible to apply to a particular Housing Authority, they
must select at least one area of choice within the functional area of that Authority.
Dublin City Council’s functional area is divided into ten housing areas. Applicants may select up to
three areas for which they wish to be considered for housing. One area choice must be in the
Dublin City Area. The other choices may include areas within the City or in the functional areas of
the other three Dublin Local Authorities – South Dublin County Council, Dún Laoghaire- Rathdown
County Council and Fingal County Council.
An applicant may only change/amend areas of choice once in any 12-month period.

5

 2.5

Assessment of Bedroom Requirement
Under-occupation and overcrowding are assessed by working out how many rooms the applicant’s
household needs and looking at the number of rooms available to the household at present. If the
applicant’s household has more rooms available than their assessed need, they are underoccupying the property. If the applicant’s household has fewer rooms available than their assessed
need, the difference between the two is the level of overcrowding.
Sex overcrowding is deemed to exist where two persons of opposite sex, not being spouses or
partners and both aged 9 years or over must sleep in the same room due to lack of accommodation.
When assessing need for accommodation based on overcrowding, applications will be assessed on
the following basis:

Household Composition
Single person, Couple, person over 9, or two persons over 9 years
of the same sex
Lone Parent/Couple with 1 or 2 children under 9 years

No of Bedrooms
Required
1
2

Lone Parent/Couple with 3 or 4 children under 9 years

3

Lone Parent/Couple with 5 or 6 children under 9 years

4

Lone Parent /Couple with >6 children under 9 years

5

2.5.1

Children in Shared Custody/Access Arrangements:
Dublin City Council will assess separated parents with partial custody/access arrangements
for inclusion as part of their household and the following will apply to assignment of bedroom
need:
a) Children of parents living apart will be included in the Household of each parent but the
type and extent of accommodation, which they require, will be assessed taking into
account the extent to which their need for accommodation is met in the household of the
other parent.
b) Dublin City Council assigns multiple bedroom unit requirements to the parent with whom
the children reside for the greater part and a 1-bedroom requirement to the other parent.

2.5.2 Extra bedrooms on Exceptional Medical Grounds
A request for an extra bedroom on Exceptional Medical Grounds may be taken into account
and will be assessed on a case-by-case basis by the Allocations Officer – who may seek
recommendations from the appointed Chief Medical Officer - having regard to the medical
reports submitted. This will be facilitated only on an exceptional needs basis. Dublin City
Council will explore options such as reconfiguration of existing space to allow for storage of
medical equipment and this will be recommended in the first instance.

6

 2.6

Changing Bands on the Housing List
There will be occasions where a significant change in circumstances, such as the birth of another
child or in the event of Priority awarded on Exceptional Medical Grounds or Exceptional Social
Grounds, may result in the application being placed in a different band. The Banding Scheme has
been devised so that any movement between bands will continue to reflect the time the applicant
has spent waiting on the list of qualified households.
•

Band 1: All qualifying applicants will be treated equally and the position on this band will be
determined by date the Priority was awarded.

•

Band 2: The position on this band will be determined by the date of housing application and if
assessed as overcrowded.

•

Band 3: The position on this band will be determined by the date of housing application of all
remaining qualified households.

In some instances an applicant may move down a band where their circumstances have changed,
such as their bedroom requirement decreasing if an older child moves away, whilst others may
move up a band where they are now deemed overcrowded following the birth of a child.
2.7

The Transfer List under the Banding Scheme
Tenants of Dublin City Council, including tenants of dwellings provided under the Social Housing
Leasing Initiative, HAP, RAS or by AHBs may apply for consideration for a transfer to other
dwellings within the administrative area. Accepted transfer applicants will be placed on the list from
the date they made their transfer application.
The table below indicates the transfer need factors that determine a household’s priority within the
Banding Scheme.
Band 1

Medical, Welfare, Homeless HAP and other specified Priority Cases

Band 2

All overcrowded cases and those with previously awarded medical or welfare
points
All remaining qualified households

Band 3
2.7.1

Within each of the three bands, there may be households who have specific
accommodation requirements which will need to be identified. e.g.
a) Dublin City Council tenants displaced by fire and flood;
b) Applicants requiring specifically adapted units e.g. wheelchair accessible
accommodation;
c) De-tenanting (where Dublin City Council tenants are required to move out of their home
to allow major works to be carried out). Such status will not apply to AHB tenancies;
d) Temporary Transfer where essential maintenance requires the temporary relocation of
tenant for completion of works. Such status will not apply to AHB tenants;
e) Older person surrendering larger accommodation;
f)

Under-occupation of existing Dublin City Council tenancy;

g) RAS tenants;
h) RAS tenants who need a transfer as a result of Lease expiry or non-renewal of contract
by the landlord;
i)

Homeless HAP tenants

7

 j)

2.7.2

All other tenants who in the opinion of the Local Authority have a reasonable requirement
for alternative accommodation.

Notwithstanding any of the above circumstances, tenants seeking a transfer must
fulfil the following requirements to the satisfaction of Dublin City Council:
a) Have held the tenancy in their present dwelling for a period not less than two years
unless it is a temporary tenancy;
b) Have a clear rent account or - in cases of exceptional medical or welfare need - a transfer
application may be considered where an agreement is in place and there is substantial
compliance;
c) Have kept their dwelling in satisfactory condition, subject to inspection;
d) Have complied with the conditions of their tenancy agreement;
e) Have no record of serious anti-social behaviour.

2.8

Changing Bands on the Transfer List
There will be occasions where a significant change in circumstances, such as the birth of another
child or a sudden worsening in an applicant’s health may result in the application being placed in a
different band. The Banding Scheme has been devised so that any movement between bands will
continue to reflect the time the applicant has spent waiting on the list of qualified households except
for Band 1. The position on this band will be determined by date Priority Status was awarded.
In some instances an applicant may move down a band where their circumstances have changed,
such as their bedroom requirement decreasing if an older child moves away, whilst others may
move up a band where they are now deemed overcrowded following the birth of a child.

2.9

Transfer Chains
It may be possible from time to time to create a chain of Dublin City Council tenants who need to
move and have been on the Transfer List. These will be used in the following circumstances:
a) To address overcrowding and under occupation and make good use of stock;
b) To move a number of Welfare/Medical Priority cases and make good use of stock;
c) To address estate management issues;
d) Housing First: tenancy breakdown is anticipated in Housing First for approximately 10% of
applicants. Transfer chains will be used to allow for a transfer among Housing First tenancies
and to safeguard against a return to rough sleeping.

8

 2.10

Applications from Tenants of Other Local Authorities and Approved Housing Bodies outside
Dublin City Council Administrative Area
Only Dublin City Council tenants, Dublin City Council RAS tenants, AHB tenants, HAP tenants
within the Dublin City Council administrative area can apply for Dublin City Council’s Transfer List.
Tenants of Local Authorities other than Dublin City Council may be considered for inclusion on the
Housing List providing there are exceptional circumstances warranting this and subject to the
possibility of the resulting vacancy being allocated to an applicant from Dublin City Council’s
Housing List where appropriate. A welfare recommendation may be required in some cases.

2.11

Target Allocations Policy
Available properties will be targeted to the bands in differing proportions through the target
allocations policy resulting in faster or slower housing through the band. This policy will be
determined by the Dublin City Council and reviewed (annually or more often) as is considered
appropriate.

9

 Section 3.
3.1

The Rental Accommodation Scheme (RAS)

The Rental Accommodation Scheme
The Rental Accommodation Scheme (RAS) is an initiative to cater for people who are in receipt of
Rent Supplement (state support payment) and who have generally been living in the private rented
sector for 18 months or more. Under the Scheme, Dublin City Council enters into direct contracts
with Landlords for their properties for a specified time, usually a minimum of 4 years. In order to
apply, a landlord must be tax compliant and their property must pass an inspection to ensure the
accommodation meets required standards.
In the interest of good estate management, detailed and comprehensive background checks are
carried out by Dublin City Council on all potential RAS tenants.

3.2

Applications for Housing under the Rental Accommodation Scheme
Applicants who are residing in private rented accommodation and are in receipt of Rent Supplement
for over 18 months are eligible also to apply for Social Housing Support under the RAS. Applicants
in receipt of rent supplement for a lesser period may be considered in exceptional circumstances or
if a landlord is willing to enter the Scheme.
Applicants on the RAS List will be considered for a RAS tenancy with regard to their housing
requirements, area preference and date of award of rent supplement.

3.3

Applicants Housed under the Rental Accommodation Scheme Seeking a Transfer
All RAS tenants who have been housed under this Scheme are deemed to be adequately housed
and will, after 2 years tenancy, be eligible to apply for inclusion on the Transfer List in the same way
as tenants of Council tenancies and AHBs. Dublin City Council will only accept Transfer applications
from RAS tenants who have been housed by and within Dublin City Council’s Administrative area.
Offers of suitable accommodation under the RAS Scheme will be recorded and refusals of any such
offers will be taken into account in the same way as refusals of offers of Council and AHB
accommodation.
RAS tenants, who are in need of a Transfer to alternative accommodation through no fault of their
own, as a result of Lease Expiry or non-renewal by their current Landlord, will be given a specific
priority for alternative accommodation. This will allow all such cases to be identified at an early stage
and help facilitate Dublin City Council to source suitable accommodation on a timely basis.
RAS tenants may be considered for an alternative RAS, Dublin City Council, AHB or Social Housing
Leasing Initiative tenancy.

10

 Section 4.
4.1

The Housing Assistance Payment Scheme (HAP)

Housing Assistance Payment (HAP)
The Housing Assistance Payment Scheme (HAP) is a form of Social Housing Support which is
available to households who have been deemed eligible for inclusion on Dublin City Council’s
Housing List, including many long-term Rent Supplement recipients. Under HAP, Dublin City
Council will make the full rent payment, subject to rent limits, on behalf of the HAP recipient directly
to the landlord. The HAP recipient will then pay an income related rent to Dublin City Council.

4.2

Applications for Housing under the Housing Assistance Payment Scheme
Any household that qualifies for Social Housing Support will be eligible to apply for HAP. Current
Rent Supplement recipients who qualify for Social Housing Support will be transferred from Rent
Supplement to HAP on a phased basis.

4.3

Applicants Housed under the Housing Assistance Payment Scheme Seeking a Transfer
HAP recipients who wish to do so will be able to access other Social Housing Supports such as
Local Authority housing or housing provided by an AHB, not through the current waiting list system,
but through the transfer system operated by Dublin City Council. The HAP recipient will
automatically move onto the Transfer List when the HAP tenancy begins. The Transfer List will
reflect the time that the recipient previously spent on the waiting list. The effective date for the
recipient’s position on the Transfer List will be their date of qualification for Social Housing Support.
Households who were homeless prior to receiving a HAP tenancy will have Priority on Band 1 of the
Transfer List.

11

 Section 5.
5.1

Approved Housing Body (AHB) Housing Accommodation

Applications for Housing Provided by an Approved Housing Body
Applicants who have been deemed eligible for inclusion on the Housing List of qualified persons
may be eligible for nomination to an AHB and may be referred to that Body for interview and
consideration for suitable vacancies, having regard to their housing requirements, area choice and
time on the list. The selection process for suitable nominations to an AHB will be based on the
same criteria as any applicant for a Dublin City Council tenancy i.e. bedroom requirement, time on
the list, Priority Status.
Such applicants will be interviewed by the AHB and that Body will determine if an offer of suitable
accommodation is to be made.
Offers of suitable accommodation by Approved Housing Bodies will be recorded and refusals of any
such offers will be taken into account in the same way as refusals of offers of Council
accommodation.

5.2

Applicants Housed by Approved Housing Bodies Seeking a Transfer
Applicants housed by an AHB on foot of a Dublin City Council nomination are deemed to be
adequately housed and will, after 2 years tenancy, be eligible for inclusion on the Transfer List, in
the same way as tenants of Dublin City Council and of the RAS.
Qualifying Transfer applicants will be placed on the list from the date of application.
Tenants will only be eligible for inclusion on the Transfer List if the rent account is not in arrears and
the rent assessment is up-to-date. Exceptions will apply on a case by case basis at the discretion of
the Allocations Officer (DCC).
Dublin City Council will only accept Transfer applications from tenants of Approved Housing bodies
in Dublin City Council’s Administrative Area.
Offers of suitable accommodation by an AHB will be recorded and refusals of any such offers will be
taken into account in the same way as refusals of offers of Dublin City Council and RAS
accommodation.

12

 Section 6.

6.1

Homeless Persons

Homeless Persons
A qualified applicant on Dublin City Council’s Housing List shall be regarded as homeless if in the
opinion of Dublin City Council the person is unable to provide accommodation from his/her own
resources and:
a) There is no accommodation available which in the opinion of Dublin City Council the applicant
together with any other person who normally resides with him/her or who might reasonably be
expected to reside with him/her, can reasonably occupy or remain in occupation of,
Or
b) The applicant is living in a hospital, night shelter or other such institution, and is so living
because he/she has no accommodation of the kind referred to in paragraph (a),
Or
c) The applicant has not voluntarily surrendered a tenancy,
Or
d) The applicant was not asked to leave a tenancy by reason of breach of tenancy agreement.
Dublin City Council will determine the appropriate Social Housing Support to be offered to applicants
assessed as having an accommodation need based on homelessness.
In addition Dublin City Council under its Capital Assistance Scheme and other housing development
schemes may set aside a number of dwellings for homeless households.

13

 Section 7.

Priority Need for Social Housing Support

Regard will be given to the following categories of need for applicants whose main application is with Dublin
City Council:

7.1

Persons Displaced by Fire, Flood, Dangerous Building etc.
Persons rendered homeless by fire and flood, including persons displaced from dangerous buildings
under the Local Government (Sanitary Services) Act 1964, who are otherwise eligible, will be
considered a Priority and included in Band 1 of the appropriate list.

7.2

Persons Displaced by Dublin City Council Redevelopment
Persons displaced from a dwelling required by Dublin City Council for redevelopment may be
offered alternative accommodation in their immediate locality subject to the availability of suitable
accommodation.

7.3

Persons Living in Unfit Accommodation
Persons living in an unfit dwelling which is the subject of either a Demolition Order or a Closing
Order made under Section 66 of the Housing Act, 1966. (In making an offer, regard will be had to
the period of residence at the date the Order was made). Persons subject to the specified order will
be considered a Priority and included in Band 1 of the appropriate list.

7.4

Exceptional Medical Grounds
1. Priority Status for Housing/Transfer applicants may be given in cases of exceptional medical
circumstances. This is only if it relates to the applicant’s housing conditions and the
accommodation is unsuitable by reason of the condition. This Priority may cover a particular
type of accommodation and/or accommodation in a particular area.
2. Dublin City Council, in considering an application for a Medical Priority may at its discretion
seek a recommendation from an independent Medical Examiner.
3. Dublin City Council will only submit written medical evidence received from a Medical Doctor
or a Medical Consultant to the independent Medical Examiner.
4. Explanatory and background material from Public Health Nurses, Social Workers, Occupational
Therapists and other Health Professionals may accompany this evidence but will not form the
basis of the decision which must be based on a report from a Medical Doctor or Consultant.
5. If unsuccessful, an appeal may be made but if refused further applications will not be
considered, unless there is a significant change in circumstances or condition.
6. Only medical evidence relating to persons included on the application will be assessed.
Medical evidence relating to other occupants in the dwelling will not be considered.
7. Priority Status may be awarded for conditions, which cause major problems where the
management of the course of the illness will be helped by a change in housing. These cases
will be considered a Priority and included in Band 1 of the appropriate list. The housing support
offered may be HAP/RAS/AHB/Leasing/Social Housing stock depending on the suitability of
the accommodation to meeting the needs.
8. The criteria for assessing the above will include whether the applicant can access kitchen and
bathroom facilities in the current accommodation or cases where an individual may not return
from hospital until accommodation suitable to their needs is made available.

14

 9. Priority Status may be revoked if the housing circumstances of the applicant, or a household
member included on the application, change by virtue of a change of accommodation or where
the housing circumstances at the time of award of the Priority Status have now altered.
7.5

Exceptional Social Grounds
1. Priority Status for Housing/Transfer may be given on Exceptional Welfare Grounds. Dublin City
Council, in making lettings of dwellings where Priority is claimed on Exceptional Welfare
Grounds shall consider a recommendation from a Senior Housing Welfare Officer.
2. Appeals of decisions will be made to the Chief Housing Welfare Officer on the basis of the
exceptional nature of the case.
3. Applicants awarded such Priority Status should be assured of the confidential nature of this
process with the Housing Welfare Service.
4. The housing support offered may be HAP/RAS/AHB/Leasing/Social Housing stock depending
on the suitability of the accommodation to meeting the needs.
5. All applicants who claim that they are subject to harassment and/or intimidation must have their
cases investigated by the Housing Estate Management Staff (DCC) and/or An Garda Síochána
in the first instance. A report from Housing Estate Management and/or from An Garda
Síochána may be requested in such cases.
6. Applications awarded Priority Status will be reviewed periodically. A Senior Housing Welfare
Officer may revoke Priority Status if there is a significant change in circumstances. Appeals of
decisions can be made to the Chief Welfare Officer.
7. Priority Status may be revoked if the housing circumstances of the applicant, or a household
member included on the application, change by virtue of a change of accommodation or where
the housing circumstances at the time of award of the Priority Status have now altered.

7.6

Older Persons
7.6.1 Older Person Homeless
An applicant assessed as homeless as per Section 6.1 and who is aged 55 years and over,
may apply to be included in Band 1 for Older Persons’ accommodation only.
Any applicant of aged 70 years and over who is assessed as homeless may be offered
available Older Persons’ accommodation notwithstanding the order of Priorities for lettings as
set out in the Scheme.

7.6.3 Surrendering Larger Accommodation
Older Persons who wish to transfer from larger Dublin City Council dwellings to designated
Older Persons’ accommodation may be considered a Priority and included in Band 1 of the
appropriate list.
7.7

Tenants Surrendering Larger Accommodation in High Demand Areas
Tenants prepared to surrender high demand accommodation which is larger than their needs.
Qualifying applicants may be considered a Priority and included in Band 1 of the appropriate list.

15

 7.8

Tenants of Dwellings to be Demolished/Refurbished
Dublin City Council tenants requiring transfers as a consequence of the de-tenanting/demolition of
their existing dwellings may be offered appropriate accommodation in their immediate locality
subject to the availability of such accommodation.
Where an existing Dublin City Council Housing Scheme is being demolished and redeveloped, and
the circumstances allow for rebuilding to take place on site without having to transfer the tenants
elsewhere, then the Priority will only apply to re-housing on that site.
However a flexible approach will be adopted by Dublin City Council in relation to tenants of
dwellings to be demolished/refurbished who are seeking re-housing outside their own locality,
subject, in general, to the Allocations Scheme and to the availability of suitable accommodation.

7.9

Traveller Accommodation
Priority Status may be awarded to members of the Traveller Community, following recommendation
by Dublin City Council’s Traveller Accommodation Section, to facilitate access to Social Housing
Supports. Priority Status will be reviewed if the family leaves the halting site. The housing support
offered may be of HAP/RAS/AHB/ Social Housing Leasing Initiative Housing stock depending on the
suitability of the accommodation to meeting the housing needs.

7.10 Return of Adapted Property
Dublin City Council tenants currently living in adapted accommodation provided by Dublin City
Council or by an AHB can apply for Priority Status if no-one in the household requires adapted
accommodation. Qualifying applicants will be considered a Priority and included in Band 1 of the
appropriate list.
7.11 Young People Leaving Care
Young people leaving care will be considered in accordance with the Protocol for Young
People Leaving Care. When they become eligible for housing (age 18) they will receive
Priority under Band 1- Housing List. In addition, certain properties will be designated for
vulnerable young people leaving care when notified to Dublin City Council by Tusla Aftercare
Steering Committees.
7.12 Removal of Priority
Refusal of two reasonable offers of accommodation from an applicant with a Band 1 Priority will
result in the revoking of Priority Status as well as the general rules with regard to the refusal of
offers. See General Rules 11.3

16

 Section 8.
8.1

Choice Based Lettings

Introduction
The Housing Miscellaneous Provisions Act 2009 gives Local Authorities powers to include a system
of Choice Based Lettings (CBL) in their Allocation Scheme and can be particularly successful in
areas with units which prove difficult to let.
CBL is a new approach to letting homes which allows tenants and prospective tenants to bid for the
available designated properties they are interested in. Where there are 2 or more bids for the same
property, the applicant with the highest Priority in accordance with the Allocations Scheme will be
offered the property.
The Allocations Officer may designate properties for CBL.

8.2

Choice Based Lettings Procedure
1. A property that becomes available for re-let and has been designated to the CBL Scheme may
be advertised in the Local Area Office, in local newspapers and also on the Dublin City Council
website
2. Expressions of interest will be invited and applicants will be asked to register their interest with
the Allocations Section/ Area Offices. There will be a timeframe for applicants to register their
interest.
3. If a number of applicants express an interest in a property the final offer will be to the applicant
deemed eligible in accordance with the order of Priority set out in the Allocations Scheme.
Factors such as household size, the age of the family, medical or welfare needs, rent payment
history, and the type of accommodation available may be taken into account.
4. All offers of accommodation will be subject to the usual estate management checks.
5. In the case of transfer applicants only tenants with a clear rent account will be considered.
6. An applicant having refused an offer under CBL will not be eligible for CBL for a period of 12
months.

17

 Section 9.
9.1

Financial Contribution Scheme (Downsizing)

Financial Contribution Scheme
The Financial Contribution Scheme was introduced by Dublin City Council in recognition of the fact
that there are persons of 60 years and over living in the City, who find their existing dwellings too
large for their needs and who wish to be considered for housing by Dublin City Council, as tenants,
in Older Persons accommodation. The following conditions apply:
1. The property must be located in Dublin City Council’s administrative area.
2. Admission to the Financial Contribution Scheme shall only be offered to a home owner if Dublin
City Council wishes to purchase a home owner’s property and is able to source a vacancy in
Older Person’s accommodation for the applicant.
3. Applicants that may have to sell their property due to separation, divorce, or family agreements
shall only be able to access one dwelling per property.
4. Dublin City Council cannot purchase any house with a value in excess of the price limit set out
by the Department of Housing, Planning, & Local Government for acquisitions.
5. Dublin City Council shall only consider purchase of properties at a discount for homeowners
who are eligible for Older Persons’ accommodation.
6. Successful applicants will be placed on the Financial Contributions List until a suitable vacancy
arises.
7. Refusal of 2 offers of accommodation in the applicant’s area of choice will result in cancellation
of the application.
8. Home owners who are housed must pay a housing rent to Dublin City Council in line with the
Differential Rent Scheme.
9. The discount Dublin City Council will apply is:
60 years to 69 years old:

60% of the market value of the property

70 years and older:

70% of the market value of the property

10. The date of acceptance on to the list is the effective date for selection for vacancies.
11. Properties may be subject to inspection when the candidate is reached for selection. If the
dwelling is found unsuitable by Dublin City Council or if it requires substantial repairs Dublin
City Council may not purchase the property and an applicant will not be eligible for the
Financial Contribution Scheme.

18

 Section 10. Succession to Tenancy and Inter-Transfers
10.1 Succession to Tenancy
1. No succession of tenancy will apply where the accommodation is designated for Older Persons
or designed/adapted for the use of someone with a disability who no longer resides in the
property.
2. In all cases, there must be no alternative suitable accommodation available to the applicant(s)
for succession of tenancy and the applicant(s) must have been included in the household
details for rent assessment purposes for the requisite period(s) as outlined below.
3. Departure of the tenant by way of purchasing or providing own accommodation will not be
grounds for a child over 18 years to remain in the dwelling and apply for succession.
4. No further consideration will be given where the above eligibility criteria 1-3 are not met.
10.1.1 Where death or departure of a tenant takes place, the tenancy will normally be given to
a surviving Spouse/Partner, provided:
a) such spouse/partner has been resident in the dwelling for a continuous period of at
least two years immediately prior to the death/departure of the tenant; and
b) has been included in the family household for rent assessment purposes for the
requisite period.
10.1.2 On the death of both parents the tenancy will normally be given to a son or daughter,
irrespective of number in the household, provided:
a) he/she has been living in the dwelling for at least two years immediately prior to the
death or departure of the tenant and has been included in the family household for
rent assessment purposes for the requisite period.
b) only 1 application for succession is received from the remaining household
members. Where there is more than one member of the household remaining in the
dwelling, the tenancy will normally be given to the member who, in the opinion of the
Allocations Officer is most likely to keep the household harmoniously together once
the other residency criteria has been fulfilled.
10.1.3 A person other than a spouse, partner, son or daughter who has resided in the
dwelling for at least five years immediately prior to the death or departure of the tenant
may be allowed to succeed where:
a) they have been included in the family household for rent assessment purposes for
the requisite period; and
b) there is no spouse, partner, son or daughter eligible to succeed; and
c) where the dwelling size is appropriate to his/her needs.
10.1.4 A spouse, partner, son or daughter who was residing at the date of death/departure of
the tenant who has not resided for the full two years prior to the death or departure of
the tenant but has a total of ten years aggregate residence in the dwelling in the
previous fifteen years may be considered to succeed to the tenancy where;
a) the applicant has been included in the family household for rent assessment
purposes for the requisite period; and
b) the accommodation is suitable to the household need i.e. bedroom requirement; and

19

 c) is in need of housing accommodation and unable to provide accommodation from
his/her own resources, the test of which shall be by way of qualification for the Social
Housing List.
10.1.5 Departure - Marital Breakdown
Where a legal separation /divorce agreement exists, there will be regard to the terms of the
agreement in consideration of any application to succeed to the tenancy.
10.1.6 Departure - Desertion
Where there is no legal separation or divorce agreement and where Dublin City Council is satisfied
that a spouse or other joint tenant has vacated the tenancy for a period of at least 2 years, Dublin
City Council may consider an application for succession.
10.2 Inter-Transfers
1) A tenant of Dublin City Council or of an AHB may, with the consent of the Allocations Officer
exchange the tenancy of his/her existing dwelling for the tenancy of another Dublin City Council
dwelling. Applications for Inter-Transfers between tenants of Dublin City Council and other
Local Authorities may be granted subject to the approval of both Local Authorities.
2) Applications for such consent will not be considered where either tenant is seeking an area or
type of dwelling from which he/she has transferred or Inter-Transferred within the previous 2
years. Dublin City Council in considering applications from tenants to Inter-Transfer will, in
general, have regard to the following factors:
a) Reasons given by applicants for Inter-Transfer request;
b) Whether the Inter-Transfer would result in overcrowding;
c) Whether the Inter-Transfer would result in under utilisation of accommodation;
d) Tenancy record of applicants;
e) Rent payment record of applicants;
f)

Any record of anti social behaviour relating to the applicants;

g) Existing condition of respective dwellings;
h) The relative demand for the respective units of accommodation;
i)

Any special circumstances;

j)

Applicants who are approved for an Inter-Transfer will not be considered by Dublin
City Council for a further Inter-Transfer, or for a Transfer for a minimum of 2 years
following the Inter-Transfer.

3) Where Dublin City Council has grounds to believe that there has been any financial gain by
either party as a direct result of the Inter-Transfer, the application will be refused and removal
from the Transfer List will be immediate. Where evidence is received after the transfer takes
place the transfer will be reverted.
4) Applicants will be required to sign a declaration to the effect that they will go into occupation of
and continue to occupy the respective dwellings. Where one of the parties either does not take
up residence in the dwelling as provided in the declaration or vacates it within a period of six
months, proceedings for possession will, in the absence of a satisfactory explanation, be taken
against the other party to the exchange.

20

 5) Approval will not be granted to an application which would result in an applicant getting the
tenancy of a high demand dwelling they would otherwise not be entitled to under this
Allocations Scheme save in exceptional circumstances.

21

 Section 11. General Provisions
11.1 General Rules
1. Before any offer or nomination or invitation to register an interest in a property is made, all
applications will be checked/ verified. This is to ensure the accuracy of Dublin City Council’s
records and compliance with the rules of any Scheme under which the application is made. An
offer or nomination may not be made to applicants if a change in circumstances alters their
housing need. Offers or nominations are also made subject to the applicant having a
satisfactory rent account.
2. If there is a genuine case where an applicant cannot move at the time of offer, suitable
discretion can be applied, e.g. an elderly person on the Housing List who is unwell or an
applicant whose partner has passed away.
3. Where two applicants have equal status on the list and have been reached for an offer for a
property that becomes available for allocation (i.e. they were listed in the same band at the
same time), priority for the allocation will be determined as follows:
a) household size
b) the age of the family
c) medical or welfare needs
d) rent payment history
e) the type of accommodation available will be taken into account.
11.2 Grounds for Refusing to Offer Accommodation
Notwithstanding the provisions of this Scheme in regard to an applicant’s entitlement to be
considered for accommodation the Allocations Officer may refuse to allocate a dwelling for any of
the following reasons:
a) Where such an allocation would be contrary to good estate management.
b) Where an applicant has failed to notify the Housing Department of any material changes in
their housing circumstances and a re-assessment of their circumstances requires the
application to be placed in a different band.
c) Where the applicant refuses to disclose any information which is requested by Dublin City
Council either on the application form or at subsequent interviews and which is required either
for the purpose of assessing the application or for estate management purposes.
d) Where Dublin City Council has reason to believe that the household has done something, or
failed to do something that has resulted in their accommodation now being less suitable to their
housing needs than it would formerly have been.
e) Where applicants are deemed to have deliberately created unsatisfactory living conditions to
increase their housing need, i.e. if they have moved to less suitable housing than their previous
accommodation without good reason
f)

Where an applicant provides false or misleading information either on the application form or at
subsequent interviews.

g) Where the allocation would result in excessive overcrowding under the Scheme.

22

 11.2.1 In the case of Transfer applicants a)

Where the letting conditions of Dublin City Council have not been complied with.

b)

Where the dwelling being surrendered is not in a satisfactory condition.

c)

The overriding concern of the Dublin City Council is to ensure that every transfer
given to a tenant is in accordance with good estate management.

d)

No transfer will be granted where it would result in excessive overcrowding.

e)

Until a joint tenancy is regularised following any changes in circumstances i.e.
the death of joint applicant or a separation.

11.3 Refusal of Offers of Accommodation by the Applicant
1. Housing List:
In the event of two reasonable offers of Social Housing being refused, Dublin City Council will
suspend the applicant from the waiting list. This will result in the household not being offered
social housing for the suspension period of 12 months. It should be noted that this period will
not subsequently count for 'time on list' purposes.
This will include offers of social housing accommodation with either Dublin City Council,
another Dublin Local Authority (where an applicant has an Area of Preference) an AHB, a
Social Housing Leasing Initiative or under the RAS.
Where two reasonable offers are refused by an applicant with any Priority Status the applicant
will lose such Priority Status and be considered instead on the basis of their time on the waiting
list when their suspension period is over.
2. Transfer List:
Where two reasonable offers are refused by transfer applicants, the transfer application will be
cancelled. A new application for transfer will not be accepted for 12 months in these
circumstances.

This will include offers of social housing accommodation with either Dublin City
Council, an AHB, Social Housing Leasing Initiative or under the RAS.
Where two reasonable offers are refused by a transfer applicant with any Priority Status, the
applicants will lose their Priority Status and the transfer application will be cancelled. A new
application for transfer will not be accepted for 12 months.
3. Choice Based Letting:
An applicant having refused an offer under CBL will not be eligible for CBL for a period of 12
months.
11.4 Composite Households
Applications from two households residing apart but wishing to be accommodated together will be
considered on a case by case basis by taking into account age, medical related care/support issues,
overcrowding and demand. The availability of suitable alternative accommodation will be a factor.
The housing need will be assessed assuming the whole family are residing together at the larger
tenancy. Their application will be placed within the Band deemed most suitable by Dublin City
Council from the date the application was approved.

23

 11.5 Older Persons’ Accommodation
Dublin City Council provides designated dwellings for Older Persons on the Housing and Transfer
lists. Older Persons for the purpose of this Scheme are persons of aged 60 years of age or over.
The following categories are also eligible:
1. Couples where one person is aged 60 years or over, and the other person is at least 55 years.
2. Persons aged 55 years or over where Priority has been awarded.
3. Persons aged 55 or over who had qualified or were entitled to apply for inclusion in the Scheme
prior to the 2018 review, up to and inclusive of applications received before 31st December
2018.
11.6 Applications from Property Owners
1. Applications are not accepted from current property owners or from previous property owners
unless the applicant provides fully documented details as to the reason why they can no longer
remain in or had to dispose of that accommodation as part of a legal resolution to the
ownership issue.
2. Persons purchasing dwellings who, through unemployment, loss of income or other valid
reasons, are no longer able to meet their repayments may apply to Dublin City Council for
Social Housing Support.
3. Dublin City Council will have regard to cases where the mortgage on the household’s existing
accommodation is deemed unsustainable by the mortgage lender under the terms of the
Central Bank’s 2011 Code of Conduct for mortgage arrears. The applicant must provide to
Dublin City Council written confirmation from the lender which sets out that the mortgage has
been deemed unsustainable and the reasons for that determination and evidence that they
have been through the full MARP process.
11.7 Independent Living
All applicants must be capable of living on their own or, where considered necessary by Dublin City
Council, have engaged successfully with necessary support services at time of offer of
accommodation and comply with good estate management. Dublin City Council may request an
assessment of capacity to live independently and/or an assessment of support needs from qualified
persons.
11.8 Lists, Records and Reports
The Allocations Officer will keep all necessary lists and all records, and obtain such relevant reports
as in his/her opinion will best facilitate the operation of the Scheme.
11.9 Approach to Allocations
In order to ensure the best possible use of dwellings which become available, larger dwellings will in
general be allocated to larger households and smaller dwellings to smaller households.
11.10 Household Budget Scheme
Dublin City Council will facilitate the payment of rent through the Household Budget Scheme and
all qualifying Housing/Transfer List applicants will be asked to sign up to this scheme before being
allocated a Dublin City Council tenancy.

24

 11.11 Preferential Treatment of Existing Tenants/Residents (Sub-Tenants) of Flats for Vacancies in
the Same Complex
Transfer applicants residing in a flat complex may be given preference for vacancies in the
same complex where this is appropriate i.e. to manage overcrowding, and for Estate
Management reasons. These applications will be considered in accordance with time on the list.
11.12 Emergency Needs
Where the need of accommodation arises from an emergency, the Allocations Officer may make a
letting necessary to meet that need, notwithstanding the order of priorities for lettings as set out in
this Scheme.
11.13 Consideration of All Applications on Estate Management Grounds
Dublin City Council will examine all applications on estate management grounds before an
allocation is finally made, in accordance with Section 14(1) and 15(2) of the Housing (Miscellaneous
Provisions) Act 1997. It is also the policy of Dublin City Council to have applications from persons to
reside in a Dublin City Council rented accommodation examined on estate management grounds.
11.14 Tenant Induction Courses
Dublin City Council may require prospective tenants of all accommodation being provided to attend
tenant induction courses before the tenancy of a dwelling is granted.
11.15 Estate Management/Social Inclusion
Nothing in this scheme shall operate to prevent the Allocations Officer from making or not making an
allocation on grounds of Estate Management or Social Inclusion.
11.16 Designating Dwellings for Letting to Particular Categories of Applicants
1. Dublin City Council may, from time to time, set aside for persons of such category or categories
as the authority may decide, a proportion of dwellings becoming available to the authority for
Specific accommodation requirements arising from any of the following:
a) Older Persons: Dublin City Council has set aside a proportion of its stock to cater for the
housing needs of older persons.
b) Traveller specific accommodation: Dublin City Council may provide halting sites
and/or group housing for members of the Traveller community.
c) Homeless: Dublin City Council under its CAS and other housing development schemes
sets aside a small proportion of dwellings specifically for homeless households.
d) Disability: Dublin City Council will require 5% of all new developments to make specific
provision for disability. Dublin City Council under its CAS and other housing development
schemes sets aside a small proportion of dwellings for individuals who, in the opinion of
the housing authority and supported by objective assessments, require specific supports
relating to their form of disability and will allocate appropriately (based on date of
qualification in the first instance and match of needs in the second).
e) Exceptional Medical Grounds: Where a housing unit has adaptations appropriate to an
exceptional medical need, Dublin City Council will allocate to the most appropriate
household on the Medical Priority List in terms of the household’s need for adopted
accommodation and not according to the next on list.
2. Where such a number, or proportion, of dwellings is set aside, priority shall be afforded to the
specified categories in the letting of these dwellings.
25

 3. All specific accommodation requirements identified in the application or subsequent medical or
social reports submitted are assessed but do not automatically confer a basis for Priority.
Dublin City Council will consider the accommodation needs at the time of offer in relation to the
suitability of the accommodation offered.
11.17 Appeal
An applicant may appeal any decision by applying in writing to the Allocations Officer, Dublin City
Council, Wood Quay, Dublin 8.
11.18 Applications for Exceptional Social and Medical Grounds, Financial Contributions, Traveller
and Surrender of Larger Priority
Dublin City Council will only consider applications for the above categories from applicants whose
authority of application is Dublin City Council. Where an applicant has applied to another Dublin
Authority and is included on Dublin City Council’s list of qualified persons by way of an area of
preference, such supporting documentation submitted will be considered only with regard to the
suitability of the offer to the applicant’s needs.
11.19 Interpretation
The Allocations Officer will have the primary responsibility in relation to the interpretation of any
matter concerning this Allocations Scheme. Her/his decision may be appealed to the relevant
Executive Manager in Dublin City Council.

26

 Section 12.

Appendix.

12.1 Who can apply to Dublin City Council?
1. A household resident in Dublin City Council’s functional area.
2. A household residing outside the Dublin City Council may be included to such extent that they
have a local connection to the functional area:
a) Member of household has resided for a continuous five year period at any time in the
area;
b) Employment of any member of household is in the area or is located within 15
kilometres of the area;
c) A household member is in full-time education in any university, college, school or other
education establishment in the area;
d) A household member with enduring physical, sensory, mental health or intellectual
impairment is attending a related educational or medical establishment in the area;
e) A relative of any household members lives in the area and has lived here for a minimum
of two years, where there are close links with the household in the form of a
commitment or dependence.
3. Applicants must be 18 years or over.
4. Dublin City Council may at its discretion accept an application from an applicant not resident
in the Dublin area and who does not meet the local connection criteria. These applicants may
only choose from the housing areas within Dublin City Council’s area.
12.2 Qualifying for Social Housing - Assessing Eligibility for Social Housing Support
To be considered for an offer of accommodation from Dublin City Council an applicant must in
accordance with the Housing (Miscellaneous Provisions) Act 2009 and associated regulations, and
in the opinion of Dublin City Council, be both eligible for Social Housing Support and in need of
such accommodation. If a household does not meet the eligibility criteria, then the assessment
ceases at that point.
As part of the eligibility assessment the following will be considered:
1. Income: The applicant’s income must not exceed the thresholds prescribed in the Household
Means Policy.
2. Residency: The right of non-Irish nationals to qualify for Social Housing Support must meet
the criteria set out in Housing Circular 21/2012.
3. Alternative Accommodation: The household must, in the opinion of Dublin City Council, have
no alternative accommodation available to it.
5. Support Previously Provided: In determining the most appropriate form of Social Housing
Support for a qualified applicant, Dublin City Council will not consider the provision of Social
Housing Supports for an applicant who was previously a tenant of a dwelling or a site provided
by a housing authority and incurred arrears of rent for an accumulated period of 12 weeks or
more in any period of 3 years, and which arrears have not been paid, and the household has
not entered into an arrangement with the housing authority for the payment of such arrears or,
has not substantially complied with the terms of the arrears agreement. In these circumstances
27

 a household may be eligible for HAP, an AHB or a site but will not qualify for the full range of
Social Housing Supports until the issues are resolved.
12.3 Qualifying for Social Housing - Assessing the Basis of Need for Social Housing Support
In determining the basis of need Dublin City Council will have regard to the household’s current
accommodation 1. whether the household is homeless within the meaning of Section 2 of the Housing Act 1988;
2. whether the household is currently living in overcrowded conditions;
3. whether the accommodation is unfit for human habitation;
4. whether the accommodation is unsuitable for reasons of a physical, sensory, mental health
and/or intellectual disability within the household;
5. whether the accommodation is unsuitable for the household’ adequate housing on exceptional
medical or compassionate grounds;
6. where there are shared households and the applicant household has, in the opinion of the
housing authority, a reasonable requirement for separate accommodation;
7. where a household’s Mortgage has been deemed by the Lender as unsustainable prescribed
under Social Housing Regulations 2011 and Code of Conduct for Mortgage Arrears 2011;
8. where a household is dependent on rent supplement, without which the household would have
a difficulty providing for their accommodation needs. (Social Housing Regulations 2016);
9. where there are other grounds where the accommodation is unsuitable in any other material
respect having regard to particular circumstances.

12.4 Household Composition
12.4.1 Persons who may be accepted as part of an applicant’s Household
1.

The partner (aged 18 or over) of the applicant, including married, civil partners,
unmarried and same sex partners.

2.

Where members of a household are forced to live at different addresses, the
assessment of housing need (such as overcrowding) will be carried out assuming the
whole family are residing together at the more suitable accommodation. Suitability will
usually relate to the households housing needs (for example size of property or medical
needs) and the security of tenure of both addresses. The applicant will be placed in the
band which reflects the best accommodation available to the household.

3.

A person that Dublin City Council accepts as suitable for inclusion on the basis of an
accepted commitment or dependence, such as being a designated carer in receipt of
Carer’s allowance.

4.

Dependent children ordinarily living with the applicant on a full-time basis, or for whom
the applicant or their partner has primary care and control. The applicant will be asked
to provide some evidence of the dependency and full-time residency e.g. birth certificate
and child’s benefit payment/social welfare dependent allowance and the Court/Custody
order where applicable.
28

 In most cases this will be clear, however to avoid doubt this includes:
a) children of a current or previous relationship of the applicant or their partner residing
on a full-time basis;
b) grandchildren who are dependent on the applicant or another member of the
household included in the application or for whom the applicant has formally
accepted caring responsibility;
c) subsequent births of dependent children;
d) dependent children of the applicant who join the household on a full-time permanent
basis following adoption or the issuing of a residence or care and control order by a
court;
e) exceptionally those residing with the tenant for foster care or placed with the
applicant/tenant where Health Services Executive /Social Services have confirmed
that the placement will be a permanent or long term arrangement. Continued
inclusion of foster children will be reviewed periodically;
f)

access children, subject to the submission of the relevant legal documentation and/or
a Statutory Declaration relating to same (See bedroom requirements)

g) other situations where the applicant has responsibility for a child will be considered
on a case by case basis.
5.

Persons residing with the applicant who, in the opinion of the Allocations Officer should
be considered a member of the applicant’s household, regard being had to all
circumstances including the length of time resident with applicant. Dublin City Council
may request all relevant documentation and may review at offer stage.

12.4.2. Persons who will not be accepted as part of an applicant’s household:
a)

Friends, lodgers, sub-tenants and any other adults not listed above wishing to be
included in order to share accommodation with the applicant.

b)

Anyone who does not have a legal right to remain in the State on a long-term basis, in
accordance with Housing Circular 12/2012, or any subsequent replacement Circular .

c)

Anyone who has moved into the current property without good reason and caused the
household to be overcrowded.

d)

Anyone who does not intend to move to any accommodation offered to the applicant(s).

e)

Any of the persons listed above will be disregarded for the purpose of assessing any
overcrowding and the size of property that the household requires.

12.5 Transfer Applications from Tenants with Rent Arrears
Transfer applications from tenants with rent arrears will be accepted only if there is an arrears
agreement in place and substantial compliance has been certified but no allocations will be made
except in accordance with 2.7.2(b).

END

29