DR0915-20877
23A Rockbarton Green Salthill Galway.
Date: 2016-06-07
Evictor: Patrick McGrath Marie McGrath
Ruling against evictor: Illegal eviction
Notes:
Tenant's evidence: "On the 3rd of September 2015 the Tenant stated that she arrived home at the dwelling and the front door had been boarded up. She stated that she had only been out at an appointment on that day and had not been gone for any extensive period of time. She said that the Landlord was looking out the window at her but would not grant her re-entry. She claimed that she felt bullied and harassed and that she called the Gardaí to tell them that she had been locked out and that her belongings were inside. She stated that she explained to the Garda that the Landlord resided in the dwelling next door. After the Gardaí made enquiries she was notified that her belongings were in Barons Self Storage and she was provided with some details about how to retrieve the them... She obtained short term emergency accommodation in a women and children shelter but it was only a one-night solution as the only room available was for a family. She gave evidence that it was very distressing not having any roof over her head and having no belongings... The Tenant gave evidence that she had been destitute for most of the following month. She outlined that she had to sleep in her car a number of nights and this entailed driving around looking for a safe place to park... Landlord's evidence: "At the outset it was submitted on her behalf that she admitted to the unlawful eviction and accepted that it was not in accordance with the legislative provisions or the correct procedure. However it was submitted on her behalf that her actions were justified and reasonable in the circumstances". RTB decision: "The tenancy was terminated by means of exclusion of the Tenant and her belongings... Although the first named Landlord gave evidence to the Tribunal that she was desperate to find a conclusion to an intolerable situation and excluded the Tenant arising from that desperation it was noted by the Tribunal that she was not so desperate that she considered returning the Tenant’s deposit which on the evidence may have sufficed to facilitate the Tenant’s departure".
Data Source: RTB