DR0516-26089
28 Connolly Villas Ennis Co. Clare V95 TWF1
Date: 2016-09-06
Evictor: Mary Moloney
Ruling against evictor: Illegal eviction
Notes:
Landord's evidence: "When asked by the Tribunal why she provided the Tenants with a key if as she submitted to the Tribunal that no tenancy had been entered into she said that giving a key to the tenants was a a type of test to ascertain what type of persons she was dealing with and that this would help her determine whether or not they could be trusted... She alleged that she was also wrongly informed that the Second Named Respondent Tenant was in gainful employment doing ‘a milk round’ submitting that a landlord should not be obliged to rent to people whose sole source of income is HAP". Tenant's evidence: "He said he had received a phone call (on the 7th April 2016 ) from a man who described himself as the Appellant Landlord’s brother and informed him that the Appellant Landlord had changed her mind and now did not want them to move in as tenants. He stated that his first reaction was to think this was a joke. He stated that when they got to the dwelling they could no longer open the door with their key. He stated that when they then went to the Appellant Landlord’s own residence located nearby to tell her that their key was no longer working the Appellant Landlord told them to get off her private property. He said that she also told them that her brother was around the corner and if necessary would physically remove them from her property". RTB decision: "The said tenancy was to be the Respondent Tenants’ first rented family home together with their two young children. The Tribunal accepts the compelling evidence of the Tenants that this abrupt termination caused them to suffer from upset and inconvenience."
Data Source: RTB