Information on Your Tenancy

Your Tenancy

On appointment as a local authority tenant, you have to sign a tenancy agreement, which forms the basis of your tenancy and which is the legal contract between you and the Local Authority.

How does my tenancy operate?

  • You must live in your house as your main home and no-where else.
  • You must not cease to inhabit your dwelling for more than six weeks in any year without the consent of the Council.
  • You must not use the house, garden or shed for business purposes.
  • You must not pass the tenancy of your home to anyone without the Council's permission.
  • You must give the Council four weeks notice if you wish to surrender your house. You are responsible for removing all belongings prior to vacating.
  • Rent must be paid in full as agreed in your contract.
  • You must not allow your house to fall into disrepair.
  • You must notify the Council of any changes of income and household circumstances.
  • You must return your rent assessment form annually and any other time there is a change of income.
  • You are subject to the conditions of the Councils Anti-Social Behaviour Policy.
  • You must not use the dwelling as a lodging house.
  • You are expected to co-operate with the Council in all matters concerning your tenancy agreement.

Can I take in lodgers or sub-tenants?

  • No, unless you have written permission from the council. You must apply to the Housing Department in writing outlining the details/reasons.

Must I insure the house?

  • The structure of your dwelling has been insured by the Council against fire and storm damage.
  • As a tenant you must insure the contents of your house. You may wish to take out other insurance and your Insurance Broker can advise you in this regard.

What is the position regarding noise/nuisances in an estate?

  • Incidents occuring between unsupervised children can often lead to tensions between adults.
  • You or other people living with you including children and any visitors to your home must not cause damage or become a nuisance to your neighbours.
  • Section 12 of your Letting Agreement states:
    The tenant shall not cause any nuisance or be guilty of or permit any conduct likely to cause annoyance or disturbance to his neighbours.

Can I keep pets?

  • Domestic pets such as cats, dogs and household birds (e.g. budgies/parrots) may be kept as long as they don't become a nuisance to anyone.
  • All such domestic pets must be kept under control, confined or tied.
  • Under the Control of Dogs Act 1986, every dog should be licenced. A licence can be obtained from any Post Office or directly from the Council.
  • Failure to keep a dog licenced or to keep it under proper control will result in an on-the-spot fine. Particular care should be taken to keep your dog under control on bin day.
  • Dogs should not be allowed to roam free around the estate and it is the responsibility of the owner to clean up after their dog/pet. Under the Litter Pollution Act 1997 it is an offence for a Dog to foul in public spaces.
  • Contact the Dog Warden if there are unsupervised dogs roaming your estate. Contact details can be obtained at your local Public Services Centre.
  • The keeping of non domestic animals such as horses, poultry or pigs, is a serious breach of your tenancy agreement.

Are there circumstances when I can apply for a transfer to alternative accommodation?

  • Yes.
  • The Council will consider an application for a transfer in exceptional circumstances.
  • There must however be a significant change in circumstances since the date you were allocated your tenancy, to the extent where your existing accommodation no longer meets your needs.

Your dwelling

Am I responsible for the garden or just the house itself?

  • You are responsible for both. You, other people living with you (including children) and any visitors, must look after your dwelling and garden in a reasonable manner. This also includes maintenance of walls, gates and fences.
  • Under the litter by-laws, each householder is obliged to keep free of litter the footpath or pavement adjoining the property and also any road gutter on or at the side of such a pavement. Refuse should be left for collection in a manner that ensures it does not become litter or become a likely health hazard.
  • Any laneway/walkway adjoining the house should be kept in a clean condition and should not be used for dumping.

Can I make alterations to my house?

  • You must apply in writing and obtain the Councils agreement in writing before starting any improvements, alterations or additions to your home, boundary wall/fence etc. In this regard you need to apply in writing to the Housing Dept. at your local Public Services Centre.
  • You may also need planning permission for certain works.
  • You must provide a certificate from a qualified architect/engineer on completion of the work certifying that the work has been carried out in accordance with proper building practice and building regulations.

What else should I be aware of?

  • Be aware of underground cables when digging or planting trees/shrubs.
  • Have TV aerials and satellite dishes professionally fitted to avoid roof damage.
  • Keep your house well ventilated
  • Identify all areas where there are stop-cocks and stop valves in case of flooding.
  • Keep gullies and drains free from litter and fallen leaves etc.
  • Keep external woodwork painted/varnished yearly.
  • Be careful when entering and walking in attic space to avoid damage.
  • If Council employees or contractors are carrying out works to your dwelling, you must ensure that all persons, especially children, stay away from the direct vicinity of the work being carried out, for safety reasons.

How do I get my waste / domestic refuse collected?

  • Waste Collection in Donegal is privatised.
  • You must find out what collector operates in your area and what days they collect waste in your area. More than one collector may operate in some areas.
  • Your waste collector must offer you the choice of paying for your waste collection by a fixed annual fee or by buying pre-paid tags or bags. It simply means you only pay for what you send out for collection and acts as an incentive to householders to reduce their waste by recycling, composting and buying less packaging.
  • Pre-paid tags and bags may be purchased in local shops or from your waste collector.
  • Anyone collecting waste in Donegal must have a waste collection permit from Donegal County Council. It is illegal to collect waste without a permit. If you are hiring a person/company to collect waste from you, you must ensure they have a waste collection permit.
  • For further details, contact your local Public Services Centre.

Can I burn paper or rubbish in my back yard/garden?

  • No. It is illegal to do so.

How can I reduce the amount of domestic refuse to be collected?

  • There are Centres where Glass, Cans, Paper, Cardboard, Plastic, Tetra Pak, Timber, Batteries, Engine Oil, Fluorescent Tubes, Electrical equipment, Fridges, Washing machines can be accepted for recycling.
  • Along with recycling, a large amount of what is in our bins can actually be composted. The following waste materials can all be composted: Fruit Peelings and cores, Vegetables and ends, Bread, Pasta, Egg Shells, Tea Bags, Coffee Grounds, Tree Prunings, Hedge and Grass Cuttings, Shredded paper and Cardboard. Meat or Dairy Products must not be put into the compost bin as they may attract vermin. These units are available from the County Council Public Service Centres at a nominal fee.

What if I cannot get transport to the Recycling Centres or sites?

  • All Waste Collectors should have a collection of Dry Recyclables for householders. Dry Recyclables are materials like Paper, Cardboard, Plastic, Aluminium and Steel cans. This system will allow for these materials to be collected directly from the householder in a second wheeled bin or pre-paid bag. This will make recycling much more accessible to the householder especially those in areas where recycling facilities are not convenient.
  • Contact your waste collector about availing of this collection, they will provide you with a second bin or prepaid bags, give you a list of exactly what should go into the second bin and tell you when it should be left put for collection.
  • As a tenant on the estate you are expected along with your neighbours to maintain all communal areas as a clean and pleasant place, this means having an interest in the estate beyond your own house and garden.

Your Community

Does the Council encourage the involvement of tenants in the management of estates.

  • Yes. Donegal County Council is very keen to promote the active involvement of tenants in the running of their respective estates. Once the Council allocates you a dwelling you become more than just a tenant, but a member of the community in your estate / area.
  • The Council encourages tenants to get involved and form Residents Associations, and is willing to assist in this regard.
  • The Council is aiming to provide you with the best level of service possible. To do this we require your feedback and input. Hopefully, a by-product of residents meetings will be the identification of a clear list of areas within the estate where improvement is needed.
  • While resources are limited, the Council would be willing to assist pro-active Residents Associations if possible, particularly with regard to maintenance of green areas, development of play areas and so forth.
  • The Council holds competitions each year for the best kept housing estates, and there are substantial financial prizes for the winners.

What behaviour would militate against my community?

  • Anti Social behaviour.

What is anti-social behaviour?

  • Anti Social behaviour can be broadly defined as any behaviour, which causes or is likely to cause significant or persistent danger, injury, damage, loss or fear, particularly where it involves the use of violence, threats, intimidation, coercion, harassment or serious obstruction of any person.
  • It would refer to ongoing serious actions rather than once off incidents by individuals

Would noise from my neighbour be defined as anti-social behaviour?

  • Depending on circumstances, this may not necessarily be deemed as anti-social behaviour.
  • According to your tenancy agreement, tenants should not cause any nuisance or be guilty of or permit any conduct likely to cause annoyance or disturbance to their neighbours.

How do I make a complaint?

  • All complaints should be submitted in writing, outlining the nature of the complaint, and quoting your contact details.
  • While the Council will accept anonymous complaints and verbal complaints by phone, it is extremely difficult for the authorities to investigate these and it is unlikely we could take any successful action on foot of anonymous or verbal complaints.

What can the Council do?

  • The Council is committed to the prevention and elimination of any form of anti-social behaviour in its estates.
  • The Council will endeavour to investigate and resolve all complaints of anti-social behaviour, and will work closely with other agencies such as the Garda Siochana and the Health Services Executive in this regard.
  • The Council will take whatever action is necessary within our legal powers, where we have sufficient evidence corroborating complaints received.

Schemes Available To You

What schemes can I avail of as a Council tenant?

  • There are a number of schemes you can avail of as a tenant, i.e.:
    • Tenant Purchase Scheme.
    • Mortgage Allowance Scheme.
    • Affordable Housing Scheme. .