Social Housing Rights Explained


What's on Offer A case in point

Demand 'Like For Like'
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Article 40.3.2°: "The State shall, in particular, by it laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen." - Constitution of Ireland

Many people living in some of our estates are not adequately protected by the State and are living in fear. This is especially true in regeneration areas.

The dedicated Garda service promised for regeneration areas in the Fitzgerald Report never happened and far from restoring "confidence and stability in the communities" a culture of fear still exists and many vulnerable people feel that they have no choice but to leave.

In truth, there was little debate about what is best for regeneration areas and many residents have already been blackguarded; with many homeowners turned back into tenants by Limerick City Council. Nevertheless, residents must be given the following options in any demolition scheme agreed:

If you are a Limerick City Council tenant:
Unfortunately, as a tenant you have little say about the demolition of your home. However, you have legal rights and must be offered a new home in the area or a home in another location acceptable to you, under the same terms of tenancy. You must also be compensated for any improvements you have made to your home during your tenancy; 'like for like'.
If this involves temporary displacement, you must conclude a legal agreement with both Limerick City Council and the Regeneration Agency assuring you of a home in the area within an acceptable and reasonable time, if this is your wish.

If you are a home owner:
You must be offered a home in the area exchange for your existing house. Your new home should be at least the same size, if not bigger than your existing home, and should be built on the same area of land. For example: If your existing home stands on a quarter acre of land, then your new home should be built on a quarter acre of land; 'like for like'.
You may be required or decide to relocate, if so, you must be given the means to secure a new home by Limerick City Council or the Regeneration Agency, by purchasing your home at a value that reflects the value of a new house within the redeveloped area or by purchasing a house on your behalf in exchange for the deeds of your home. Deeds for deeds.

Do not entertain any proposal involving "existing market rates".

Threats of compulsory purchase should be ignored, you are still entitled to 'like for like'.

All offers must be made in writing, which should be approved by your solicitor before you agree to the terms. Don't sign anything without consulting your solicitor.

Remember demand 'like for like' - it is your right