We are delighted to share an excellent result achieved on Friday, the 3rd of January 2025, in Belfast County Court. Judge Duncan has dismissed the Northern Ireland Housing Executive’s (NIHE) housing possession claim for an order of eviction against our client. This decision underscores the importance of thorough inquiry and fair treatment in housing matters.
The court found that the NIHE failed in its duty of reasonable inquiry by not fully investigating the assurances provided to our client and her late grandmother in 2016 regarding tenancy succession. If these assurances had been properly considered, an exceptional grant of tenancy would have been awarded, ensuring our client’s continued right to her home.
This outcome highlights the unfairness of the NIHE’s approach to secondary tenancies. The draconian policy of attempting to evict individuals from homes they have lived in for years due to secondary tenancy status not only disrupts lives but also undermines trust in public housing systems. Today’s decision serves as a powerful reminder that fairness and reasonable inquiry must be central to housing policies and practices.
Our Jack Murphy was instructed in this matter and we extend our gratitude to Dan O’Muirigh BL and to the Market Development Association for their invaluable support and assistance throughout this case.
This case sets a significant precedent and calls for a re-evaluation of NIHE’s policies on tenancy succession. We will continue to stand up for individuals and families facing similar challenges, ensuring that their rights are upheld, and their voices are heard.
For further information or to discuss how we can assist with housing-related legal issues, please do not hesitate to contact us.
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