DR0316-25234
2 Upper Pouladuff Road Greenmount Cork.
Date: 2016-10-04
Evictor: William O'Sullivan
Ruling against evictor: Illegal eviction, interference with the tenant's right to peaceful and exclusive occupation
Notes:
Landlord's evidence: "He said that on several occasions it had been pointed out to the tenant by his son that he was not allowed to have his girlfriend to stay in his room but that he had ignored this rule. He said that that it was not fair to the other occupants of the house that the tenant had a girl staying there and that there had been complaints leading to his son telling the tenant on 15th March that he had 2 weeks notice to vacate the dwelling." Tenant's evidence: "He said that on 15th March 2016 Conor O'Sullivan knocked on his bedroom door at 11.30 am and told him that he had to get out of the house by the 31st March 2016 because he had his girlfriend staying at the house". RTB decision: "The Tribunal finds that as no Notice of Termination was issued under Section 62 of the Act: that the tenancy was unlawfully terminated. The Tribunal further finds that the action of the agent on 15th March interfered with the peaceful enjoyment of the tenancy and amounted to a breach under Section 12 of the Act."
Data Source: RTB