DR0819-56665 TR1019-004025
122 Oak Court Drive Palmerstown Dublin 20 D20KF38
Date: 2021-02-03
Evictor: Mark Moore
Ruling against evictor: Illegal eviction, stolen deposit
Notes:
Landlord's witness: She maintained that she was a neutral witness but accepted that she had sent an e-mail referring to the Respondent Tenant as “fuck face” but had not intended that this be seen by the Respondent Tenant." Tenants evidence: "He said that at one point the Appellant Landlord asked him to move the black bags to inside the rear annexe. He said that he refused at which point the Appellant Landlord ran at him with a battery drill which he held inches from the Respondent Tenant’s head and threatened him... The Respondent Tenant said that he moved out of the rear annexe under duress and under threat from the Appellant Landlord. He said that he was in fear for his safety. He said that he spoke to his father who advised him to move out." RTB decision: "Whatever the reasons for the dispute between the Appellant Landlord and the Respondent Tenant on 07 July 2019 the Appellant Landlord was not entitled to terminate the tenancy in the manner in which he did by giving one month’s notice of termination by way of an e-mail... The Tribunal accepts and notes that the Appellant Landlord did not dispute this evidence with the Respondent Tenant that at some point on the morning of 09 July 2019 the Appellant Landlord ran at the Respondent Tenant brandishing a battery drill and threatened the Respondent Tenant... The Tribunal also accept the Respondent Tenant’s evidence that this caused him great fear and that as a result of this threat the Respondent Tenant decided to vacate the rear annexe the same day."
Data Source: RTB