DR0122-75152
1A Cherryfield Lawn Clonsilla Blanchardstown Dublin 15 D15HN36
Date: 2023-07-10
Evictor: Ausra Stasiuliyte
Ruling against evictor: Illegal eviction, interference with the tenant's right to peaceful and exclusive occupation, breach of the landlord's obligations in relation to standard and maintenance of the house
Notes:
Tenant’s evidence: “She said all of the issues in the tenancy arose from November 2020 after the Appellant landlord installed the “pay as you go” electricity box. She said the box was turned off whenever the Appellant landlord wanted “to punish her”.. She said that when they did this the electricity did not work even when she put coins into the meter. She said during the time when her new born son was just a few weeks old the electricity was cut off on many occasions. She said she was without electricity for three full months.... She said in January she went to the Latvian embassy for her son’s passport. She said when she returned at 1pm there was no electricity.... She said she was shocked and upset and at 1.14pm she returned back to the dwelling and rang the Gardai. She said when the Gardai came she showed them the dwelling and the locked coinbox on the electricity payment box and they noted that there was no power to it. She said the Gardai told her to pack her belongings and they contacted Threshold for her. She said she was brought to lanchardstown Garda Station and then to O’Shea’s hotel in Dublin. She said she stayed there for 1 or 2 days and she was then allocated to a second hotel from the 10th January 2021 to 7th March 2021." Tenant’s representative: “She said the position of the County Council was that the Respondent tenant had to remain in the dwelling. She said the County Council refused to find the Respondent tenant emergency accommodation even when they in Threshold recommended that she be moved immediately... She said in her opinion the Respondent tenant has suffered from post-traumatic stress owing to the conditions in which she and her baby had been forced to live.” RTB decision: “The Tribunal accepts that the Appellant landlord’s actions made the dwelling uninhabitable and constituted a gross disturbance of the Respondent tenant’s enjoyment of the property. The Tribunal accepts that these actions were designed to harass and intimidate the Respondent tenant into leaving the dwelling. The Appellant landlord’s actions were even more egregious considering that she was aware that the Respondent tenant had only recently given birth to a baby and that the baby was residing with the Respondent tenant in the dwelling.”
Data Source: RTB