Man (70) not entitled to stay in family council house, High Court rules

The High Court has dismissed a 70-year-old Dublin man's bid to remain in the council- owned house that has been his family home since the 1950s.

Edward Lattimore had challenged Dublin City Council’s refusal to allow him succeed to the tenancy of a three-bedroomed house at Ennis Grove, Irishtown, in Dublin 4, into which his family had moved in 1956.

Mr Justice Iarfhlaith Ó Neill upheld that refusal after finding that it did not breach Mr Lattimore's rights under the Constitution and European Convention on Human Rights.

The court heard Mr Lattimore moved to England in the 1960s but returned to live at the property in 1991 to care for his sister, who had an intellectual disability.

He paid rent since then, managed the property and believed he was a joint tenant of the house.

Succession to tenancy
Following his sister's death in 2012, he discovered he was not a tenant and applied for succession to the tenancy but that was rejected in March 2013.

The council argued a three-bedroomed dwelling was not appropriate to the needs of a single person and offered him one-bedroom accommodation in close proximity to Ennis Grove at a complex for older people where Mr Lattimore’s brother resides.

It had 1,431 applicants seeking accommodation in the area, 134 of whom were seeking three-bedroomed houses, the council argued. It also said there was no statutory obligation requiring it to provide for a review of its refusal.

Health claims
Mr Lattimore claimed his mental and physical health would be seriously affected if he is forced to leave the house.

Dismissing the case, Mr Justice O’Neill said there could be no doubt that the council had a difficult choice to make in respect of Mr Lattimore’s application.

All relevant materials had been considered by the council, he found.

He was satisfied the council had fulfilled its obligations to Mr Lattimore by providing him with suitable housing, close to his home, while accommodating the needs of a family requiring a three-bedroomed house.

The decision was not disproportionate, he said.