DR0116-23800
65 The Square Hazelhatch Park Celbridge County Kildare
Date: 2016-04-29
Evictor: Siobhan Curley
Ruling against evictor: Illegal eviction, stolen deposit, invalid eviction notice
Notes:
Tenant's evidence: "The Tenant stated that she returned to the dwelling on the morning of 25 January 2016 to discover that the locks had been changed and she could not access the dwelling... The Tenant stated that she was delayed in applying to join the General Medical Council due to not being able to access certain documents from the dwelling. The Tenant stated that she initially stayed with a friend in Blanchardstown for 4-5 days (while her sister had guests staying with her) and then with her sister in Clonskeagh thereafter". Landlord's evidence: "When the Landlord opened the post box she noticed a letter from Bord Gais addressed to a person other than the tenant with an address at 65 The Square Hazelhatch Park Celbridge County Kildare being the Landlord’s property. The Landlord was concerned that the Tenant may have been allowing another party reside at the property with her or was otherwise subletting the property in breach of the terms of the lease... The Landlord stated that these enquiries affirmed her belief that the property was being sublet and she therefore arranged for the locks to be changed the following day. RTB decision: "The Tribunal finds that the Landlord unlawfully terminated the tenancy by changing the locks to the property contrary to the provisions of the Residential Tenancies Act 2004. Even if the Notice of Termination served by the Landlord on 17 December 2015 had been valid the Landlord had no entitlement to change the locks of the property while the Tenant was out of the property".
Data Source: RTB