Irish Travellers Movement

Section 3. Traveller Accommodation

SECTION THREE:    TRAVELLER ACCOMMODATION

Definition

Traveller specific accommodation includes, serviced halting sites, group housing schemes and transient sites. Local authority standard housing is available to Travellers as is housing in the private rented sector.

Responsibility for provision of accommodation

At a national level the Department of the Environment, Heritage and Local Government are responsible for housing and Traveller accommodation. This responsibility is delegated to the local authorities at a local level. The local authority provides a range of infrastructural and other services to the public. The main services and functions provided of relevance to Traveller groups are housing & Traveller accommodation and planning. Travellers also access accommodation through private landlords in the private rented sector.  In some cases Travellers provide accommodation from their own resources.

Relevant law relating to local authority acommodation

The Housing Acts place statutory obligations on the local authority to assess the needs for housing for all those who cannot provide housing for themselves and adopt periodic building programmes to meet that need. All of the Housing Acts apply equally to Travellers as they do to the rest of the population. However, the local authority has an additional obligation under the Housing (Traveller Accommodation) Act 1998 to draw up periodic Traveller Accommodation Programmes (TAPs) to meet the accommodation needs of Travellers. The relationship between Travellers in accommodation and the local authority is governed by landlord and tenant law. However, many Travellers living on halting sites often have licence agreements which may be a mechanism to avoid the protections of landlord and tenant law.

1. The Housing Act 1988

This Act was the first mention of Travellers specifically. Section 13 of this law give the local authority the power to provide, improve, manage and control sites for caravans for Travellers, and also to provide services on such sites.

2. Housing (Traveller Accommodation) Act 1998

This law put a further responsibility on local authorities to do the following:

• make an assessment of need for Traveller accommodationadopt a Traveller Accommodation Programme (TAP), within a specified time, that meets the accommodation needs of Travellers in their area
• "take any reasonable steps as are necessary for the purpose of...implementation" of an accommodation programme
• review their TAP, at least once every three years, or at any time during the life of a programme, and on foot of such a review may amend or replace a TAP
• power to provide loans to Travellers for the purchase or repair of caravans, or for the purchase and development of land as a halting site
• establish a Local Traveller Accommodation Consultative Committee (LTACC) made up of Travellers, Traveller representatives, County Councillors and Council officials The LTACC provides advice to the local authority on Traveller accommodation issues.

Travellers in need of permanent accommodation are assessed for accommodation by the local authority and, if eligible, are placed on the local authority's housing list and thereafter included in the Traveller Accommodation Programme whenever adopted. 
Factors used to assess eligibility:

• household size
• overcrowding
• income
• present accommodation (if any)
• the condition of that accommodation 
• any special circumstances, including age, disability, medical circumstances, etc.

Local authority waiting lists

Once accepted as in need of accommodation the applicants’ name is placed in the local authority housing waiting list. Each local authority draws up its own rules for deciding the order of priority on the waiting list, called a "'scheme of letting priorities". Some local authorities operate a points system. Each household on the waiting list is given a number of points depending on their circumstances.



The Length of time an applicant spends on the housing list will depend on:

• the demand for housing in the local authority area
• In the case of Traveller specific accommodation the supply of accommodation
• the individual circumstances of applicants waiting for housing

Where a points system is not in operation it is usually impossible to determine where a person is on a list. Traveller groups should encourage their local authorities to adopt a points system.

3. Landlord and Tenant Law

The rights and obligations of tenants and local authorities are governed by tenancy agreements and by general landlord and tenant law. Prior to becoming a tenant, a person is entitled to refuse an offer of accommodation. It is important to let the local authority know the reason for so doing because if they determine that there is not a good reason they may reduce the priority a person has on the list.

Tenants’ rights and obligations include the following:

Rights:

• Right to peaceful enjoyment of the property
• Right to a rent book which is a document that records details about the tenancy and notes all payments of rent that you have made to the landlord
• Right to accommodation that meets certain minimum standards. These standards relate to structural conditions, provision of sinks, toilets, fixed baths or showers, cooking and storage facilities, safety of electrical and gas installations, availability of adequate heating, lighting and ventilation and maintenance of common areas  Protection from anti-social behaviour. If a local authority tenant is affected by another tenant’s anti-social behaviour the local authority has powers to deal with such behaviour ( Housing Act 1997)
• Right to a period of notice if your tenancy is being terminated. A minimum of 28 days notice must be provided followed by a written demand for possession.
  

Obligations:

• To pay rent
• To keep the premises in good repair
• To comply with tenancy agreement
• Not to engage in anti-social behaviour. A person may be evicted from a local authoity housing on the grounds of anti-social behaviour

Local authority rights and obligations include the following:

Rights:

• Right to evict tenants from accommodation without any reason as long as the correct procedure is followed. This power is usually invoked for reasons of anti-social behaviour and non-payment of rent. This means first issuing a "notice to quit" accompanied by, or followed by, a demand for possession and then applying to court for an order
• Right to refuse to let a dwelling on the grounds of previous anti-social behaviour.
• Right to evict anyone who is engaging in anti-social behaviour such as drug dealing or any behaviour that might cause danger, injury, damage or fear to people living in the area. This might include violence, threats, intimidation or harassment.
• The local authority can apply to the District Court for an exclusion order against any member of a household who is engaging in anti-social behaviour. The order may exclude that person from a specific house or from an entire estate and it may forbid intimidation or other interference with a tenant or anyone else
  

If a person is served with a notice to quit they should seek legal advice immediately as once the 28 days expires and an order is sought in the District Court there is very little that can be done legally. A person can seek a judicial review of the local authority decision within the 28 day period.

Obligations:

• To provide a tenancy agreement
• To provide a rent book
• To ensure premises meet certain minimum standards

Licence Agreements

As stated above many Travellers living in halting sites have been issued with licence agreements by the local authority. A licence agreeement is a mere permission by the local authority to live on the site and usually provides for seven days notice to leave the said site. It does not confer rights on the occupier. It is preferable to have a tenancy agreement as in contrast to a licencing agreement it confers rights and sets out the obligations of the tenant.
Private Rented Accommodation

Housing in the private rented sector is governed by the Landlord and Tenants Act 1967-1994 and the Residential Tenancies Act 2004 and any written or verbal tenancy agreement between the tenant and landlord. This includes tenants being assisted by the Health Board with rent supplement. Leases or other tenancy agreements cannot take away from tenant’s rights under the Residential Tenancies Act 2004. The 2004 Act is overseen by the Private Residential Tenancies Board (PRTB). It was set up to resolve disputes between landlords and tenants, operate a system of tenancy registration, and provide information and policy advice. Landlords and tenants may refer disputes to the PRTB for resolution by mediation, adjudication or tribunal hearing.

Rights and obligations of tenants in private rented accommodation:

Rights:

• Right to a Part 4 tenancy. A Part 4 tenancy arises where a person has been in occupation of the premises for six months. After this time the landlord can only terminate the tenancy on specified grounds over the following three and a half years. After four years of your tenancy has passed, a new tenancy commences.
• Right to a rent book
• Right to quiet and exclusive enjoyment of your home
• Right to certain minimum standards of accommodation
• The landlord is only allowed to enter with permission
• Reimbursement for any repairs carried out that are the landlords’ responsibility.
• Right to notice of the termination of your tenancy. The Notice must specify a reason for termination as defined in the Act.
• Right to refer any disputes to the Private Residential Tenancies Board (PRTB) without being penalised for doing so
• Right to proper notice of termination of a tenancy

Obligations:

• To pay rent
• To keep the property in good order
• To inform the landlord if repairs are needed and give the landlord access to the property to carry out such repairs
• To avoid causing damage or nuisance
• To comply with any special terms in tenancy agreement, verbal or written

Rights and Obligations of LandLords

Rights:

• To set the rent (although the rent cannot be more than the current market rate)
• To receive the correct rent on the date it is due
• To review the rent annually
• To terminate a tenancy without giving a reason during the first six months of the tenancy
• To be given reasonable access to the property to carry out repairs
• To refer disputes to the Private Residential Tenancies Board (PRTB) if the tenancy is registered with them

Obligations of a landlord:

• To register the tenancy with the PRTB
• To provide a rent book
• To make sure that the property meets certain minimum standards
• To repair and maintain the interior of the property to the standard it was in at the start of the tenancy
• To repair and maintain the structure of the property
• To reimburse tenants for any repairs they carry out which are your responsibility
• To provide tenants with a valid notice of termination (in writing) if terminating the tenancy
• To return deposits to the tenant (unless the tenant has not paid the rent or has damaged the dwelling)

Accessing rights

a. Traveller groups

Every number of years as determined by the Minister the local authority is required to draw up its Traveller Accommodation Programme (TAP) and during the life time of the TAP required to review it. Traveller groups should be prepared by taking the following steps:

Step one:

• Carry out an assessment of Travellers accommodation needs in your area to feed in to the development of the TAP. Make a detailed submission to the local authority based on the assesssment carried out which includes a range of accommodation and possible locations
• Ensure that the range of accommodation is reflected in the plan such as halting sites, group housing schemes, standard housing, transient accommodation and emergency provision
• Make sure you have strong representation on the LTACC to ensure that you have a strong input to the TAP. Traveller groups are entitled to make their nominations when new LTACCs are being established
• The role of chair of the LTACC is reviewed every second year. It the LTACC is not working effectively it can be useful to nominate an independent chair
• LTACCs should meet at least 4 times a year
• Remember if the TAP is not developed the manager of the local authority can go ahead and adopt a Traveller Accommodation Programme

Step two:
   

• Monitor progress on the implementation of the TAP. Included in the Pack is a  monitoring form to assist you in this process
• The Review of the Housing (Traveller Accommodation) Act, 1998 now requires the local authority to produce an annual report regarding the work of the LTACC and report the findings to the Minister. This will form overall submission to Minister by NTACC on overall implementation of Programmes. It is vital that Traveller representatives on the LTACC feed in to this report. In addtion, this is a mechanism to document and monitor progress each year
• Each LTACC should formally report bi-annually to County Manager and the manager should formally meet with the LTACC once a year. Traveller groups represented on the LTACC should ensure this occurs
• Document issues on an ongoing basis
• Table questions at local council meetings regarding the lack of speed in providing new accommodation
• Highlight progress or lack of it through the media
• Meet local politicians regularly and arrange site visits. This will raise awareness on an ongoing basis of the difficulties
• Meet council officials regularly to ensure issues are being pursued
• Produce research/publications each year on provision of Traveller accommodation in your area

Step three:

If the local authority are not preforming undertake the following actions:

• Put lack of progress issues to the LTACC and the local authority and request a reponse. This will involve lobbying politicans at a local level.
• Meet with the County Manager  and request a response to the issues
• Inform the Irish Traveller Movement and request assistance in raising awareness from the National Accommodation Officer employed for that purpose
• Inform the National Traveller Acommodation Consultative Committee which advises the Minister on Traveller accommodation policy
• Seek a meeting with the Minister of the Environment
• Organise a high profile event to draw attention to the issues
• Individuals are always entitled to consult a solicitor for further advice

b. Traveller families

Families should undertake the following actions:

• Put their name on the housing list and provide supporting documentation such a doctor’s letters to make the case for accommodation. A person should ensure that they are specific about the type and location of accommodation they require. It is advisable to write a letter specifiying such requirements
• Keep a regular check on where they are on the list
• get involved in their local Traveller group to lobby for accommodation in their area
• Update their representative on the Local Traveller Accommodation Consultative Committee regarding their situation as this can be feed in to push for accommodation provision for all Travellers in the area
• Seek meetings with the Council and local politicans to ensure their case is progressing
• Once accommodated check tenancy agreement to ensure it is satisfactory
• If not accommodated and the TAP is due to expire, seek legal advice

Note on Private Rented Accommodation

In the case of private rented accommodation if you have a dispute with the landlord over notice you can contact the PRTB. The PRTB registers tenancies and mediates disputes between landlords and tenants.

If you are experiencing problems accessing private rented accommodation due to discrimination you can take a case under the Equal Status Act. For further information visit:
Department of the Environment, Heritage and Local Government
Threshold voluntary organization giving  advice & information on accommodation issues         
Centre for Housing Rights and Eviction