1214-15921
321 Lower Kimmage Road Kimmage Dublin 6W D6WW938
Date: 2015-11-06
Evictor: Thomas Heraty
Ruling against evictor: Illegal eviction, interference with the tenant's right to peaceful and exclusive occupation, invalid eviction notice
Notes:
Tenant's evidence: "She said that her car was locked into the driveway of the dwelling resulting from a workman acting on behalf of the Respondent Landlord placing a padlock on the gate. She said that the lock of her car was interfered with when superglue was poured into the lock. She said that the gas utility was turned off from the front of the house but that they the Tenants managed to reinstate the connection... She said she contacted the Garda Siochána and asked them to intervene and request the Respondent Landlord to stop making threatening and abusive calls to her... She described herself as a ball of anxiety. She said she was a prisoner in her own home. She said she was living in a state of high anxiety and suffered from insomnia as a result. Second tenant's evidence: "He commented that the Agents acting on the instructions of the Respondent Landlord were amateurish to the extent that it was necessary for them to consult him for advice on how to remove the doors and glass of the dwelling." Landlord's evidence: "He said he rejected absolutely any allegation by the Appellant Tenants of an unlawful termination. He said neither he nor any Agent acting on his behalf ever physically removed the Tenants. He said the record shows that the Appellant Tenants left the property of their own accord." RTB decision: "The Respondent Landlord constructively terminated the tenancy of the dwelling contrary to the provisions of the Act."
Data Source: RTB