ADVICE workers have held a protest at the Housing Executive offices against housing legislation which has seen grieving families asked to vacate their homes of several decades.
Tar Isteach and the Falls Residents' Association held a protest on Tuesday to highlight the cases of bereaved clients who have been forced to fight to remain in their homes following the death of a loved one. Law currently allows just one residing family member to continue the tenancy in Housing Executive properties and other social homes following the death of the registered tenant.
An antiquated practice that solely registered the man of the house as tenant has meant widows are forced to apply for succession of tenancy. The practice has effectively barred sons and daughters residing in the property from availing of "statutory succession" following the death of both parents.
Agnes Fraser from Tar Isteach explained: "As far as we're concerned it's outdated, and there's also a gender equality issue.
"Many decades ago the male on the household was put on the tenancy, when in actual fact it should have been husband and wife. Each shared the responsibility for the rent and contributed to it, whether they were working or on benefits.
"They have a once-only succession policy, which means that the spouse now has to apply to remain in their own home. Once that spouse applies for the tenancy that excludes everybody else in the family."
In recent weeks, a 74-year-old Ardoyne woman was asked to vacate her home within seven days following the death of her sister, who took on the tenancy of their home following the death of their mother.
The pair had cared for their mother in her illness, but the remaining sister could not avail of a statutory succession due to the single succession rule. However, the Housing Executive has since allowed the woman to remain due to "exceptional circumstances".
Legislation currently allows for live-in carers to apply for what is known as a "policy succession", but stipulates that the family member must have sold a property to move into their relative's home.
Ballymurphy man Gerard Toner recently ran foul of the succession rules despite caring for his mother all his life.
Because his mother had taken over the tenancy from her husband and because he had not sold another home to reside there, Gerard and his brother were asked to leave their home following the death of his mother in October 2021.
The Housing Executive reversed its decision following representation from advice workers. He told of "sleepless nights" while going through the "degrading" process.
"It's a cruel law and needs to be reviewed at least," he said. "We have just been through hell this past five months trying to get the tenancy of the home where both myself and my brother were born it."
Tar Isteach and the Falls Residents' Association have called on the Housing Executive to liaise with the Department for Communities to review the legislation.
Robert McClenaghan from the Falls Residents' Association said: "People are being forced out of their homes.
"If you have two brothers as in this case, there are no one-bed apartments available. It's a myth for the Housing Executive to say they should go their separate ways."
Speaking at Tuesday's protest People Before Profit Councillor Fiona Ferguson said: “The incredible levels of need on waiting lists means that those who grew up in Housing Executive homes often have to give up their home to someone with higher points, even if they face need themselves.
“There is a clear onus on the Minister for Communities not only to ensure many more Housing Executive homes are built, but to adjust the law to ensure people in housing need do not have to fight to stay in their own homes.”
A Housing Executive spokesperson said: “Any changes to the rules on tenancy succession would require legislative change or the approval of the Department for Communities, for policy successions via the Housing Selection Scheme.
“The current rules stipulate only one succession is allowed per household and these rules apply to both the Housing Executive and local housing associations.
“Where there are exceptional circumstances, we may consider a further succession.
“However, we will always balance the request for those wishing to succeed in a tenancy with the needs of applicants on the waiting list.
“This allows social landlords to make the most fair and best possible use of limited social housing stock.”
