Court, by a majority of 3-2, dismisses appeal against decision that teenager failed to discharge burden of proof that section 39 of 2004 Act unconstitutional. Photograph: Bryan O'BrienThe Supreme Court has found that a teenage boy does not have a constitutional right to succeed to a tenancy following the death of their only parent, who rented the apartment in which they lived. While a person over 18 who is living with their tenant parents can succeed in tenancy under section 39 of the Residential Tenancies Act 2004, there is no such right for under-18s. The High Court last year rejected the challenge, and it was appealed to the Supreme Court. In one of two dissenting judgments, Mr Justice Gerard Hogan considered that the Oireachtas was (and is) in breach of its constitutional obligation to uphold and protect the inviolability of the dwelling.
