Seperated man challenges council's refusal to place him on housing list
A man who left his home following the break up of his marriage and who has now lost his job has challenged Dublin City Council's refusal to place him on its housing list on the grounds that he and his estranged wife never formal legally separated.
The man, who cannot be named for legal reasons, has brought a challenge against the Council's refusal to put him on its housing list because he has no alternative place to go as he can no longer afford the accommodation he has been living at since he moved out of his family more than six years ago.
In his action the man is seeking a number of declarations and orders from the court including an order quashing the council's decision not to include him on the housing list and a declaration that he is entitled to be included on the list.
Moving the application yesterday Siobhan Phelan BL for the man said that it was their case that the council was not entitled to refuse to put her client, who it accepted was in need of assistance, on the housing list simply because no formal separation agreement exists between him and his wife.
Counsel said that her client had left the family home in 2004, following the break up of his marriage.
His wife remained at the family home and her client's named remained included on the joint tenancy agreement for the family home.
When his relationship with his wife ended the man had been working and had been able to pay for both his own accommodation and towards the family home. Counsel said that her client's situation changed when he lost his job as a result of the current economic problems.
He was no longer able to pay for both and is currently in receipt of welfare, including rent allowance. As he has no other place to go the man applied to be placed on Dublin City Council's housing list.
However the council informed him that he did not qualify for inclusion on its housing list because there was no formal separation order or divorce order between himself and his wife.
Her client and his estranged wife, Ms Phelan said, did not enter into a formal agreement because their adult children had left home prior to the separation.
Leave to bring the action was granted at the High Court yesterday by Mr Justice Michael Peart. The Judge made the action returnable to a date in January after the Courts return from their Christmas recess.
