DR0116-23854
12 St. Joachim's Terrace Sligo
Date: 2016-05-26
Evictor: Ray O'Donnell David Kivlehan
Ruling against evictor: Illegal eviction, invalid eviction notice
Notes:
Landlord’s evidence: "The Landlords gave evidence that on the 18th of January 2016 they had passed the dwelling and noted that the outer front door was ajar. They accepted in their evidence that there was an inner door which was locked but said that it was a glass door and was not secure. They had no key to lock the outer door and were concerned that the property was therefore unsecured. They said that they accessed the dwelling with their key to the inner door and it appeared to them that the property had been vacated. In an effort to secure their property they said that they arranged for a locksmith to attend to change the lock on the outer door and they informed the Agent that they were doing this.” Tenant’s evidence: “The tenant had been away until the 18th of January and when he returned he had discovered that he was locked out and the lock had been changed on the outer door. He said that it was late at night when he had arrived at the dwelling he had no phone credit and it was too late to contact the agent or anyone else to gain access to the dwelling so he felt he had to break a relatively small window to get in the front door.... He said that he was informed by the Appellants that he would not be permitted to re-enter because there were rent arrears. He claimed that it was only because of the assertions of the Landlords and their wives to the Gardaí that he had caused criminal damage and unlawfully removed items from the dwelling that he was taken away in handcuffs. He gave evidence that he had found it extremely distressing to be taken to the Garda station and detained as a consequence of legitimate steps he had taken to gain access to his home."
Data Source: RTB