DR0822-79021
44 Austin Friars Street Mulligar Co. Westmeath N91K58
Date: 2023-07-17
Evictor: Brendan Galligan
Ruling against evictor: Illegal eviction, the landlord must return all the tenant's belongings
Notes:
Landlord’s evidence: “On 18 August at approximately 11.00 a.m. the Landlord arrived at the dwelling with 3 tradesmen who were going to renovate the dwelling. The Landlord stated that one of the trades people (the smallest) went up a ladder at the back and gained access via a window. He then let the other men in by opening the front door. The Tenant was in bed in his night clothes. The Landlord agreed that he took the phone from the Tenant when the Tenant phoned the Gardai and the Landlord told the Gardai that the Tenant had not paid rent. The Landlord stated that Gardai told him that he the Landlord had no other option… The Landlord finally stated that he 77 years old and that he had been a Landlord for 45 years and he was too intelligent to assault anyone or to allow any of his tradespeople to assault anyone.” Tenant’s evidence: “On 18 August 2022 at approximately 8.00 a.m. he was woken up to loud noise and roughly dragged from his bed by 5 men. One was the Landlord the other a handy man who the Tenant recognised and 3 other men who were wearing masks covering all of their faces except their eyes. The Tenant stated that he was assaulted by the Landlord and his men and he was in pyjamas. The Tenant stated that the men were dragging him screaming at him and the Tenant called the Gardai. As he was explaining the situation to the Gardai the Landlord took the phone from him. The Landlord stated that if the Tenant had given him the keys it would never have gotten to this stage. The Tenant stated that he was left in the middle of Mullingar on the street in his pyjamas and he was ashamed very distressed and crying. The Tenant eventually was allowed to put on jeans and tee shirt and left. He went to the Garda station to report all that had happened and the Tenant stated that a named Garda stated “Why did you come back from Africa”… The Tenant is now in a homeless unit in Longford". RTB decision: “The Tribunal finds that the Respondent Landlord unlawfully terminated the tenancy by the Landlord accompanied by 3 or 4 men entering the dwelling via at window at the back of the Dwelling when the Tenant was in bed.”
Data Source: RTB