DR0321-68502
Apartment 13 Penrose Court Penrose Lane Waterford City Co. Waterford X91K504
Date: 2023-05-30
Evictor: James Treacy
Ruling against evictor: Illegal eviction, interference with the tenant's right to peaceful and exclusive occupation
Notes:
Tenant’s evidence: “He indicated that the people who took over the apartment had boarded the windows and dumped their belongings. He also outlined that the Gardai arrived and told him that if he did not leave they would arrest him”. RTB decision: “Notwithstanding the fact that a valid notice of termination had been served the Respondent Landlord’s remedy at that stage was to bring an application to the Board for dispute resolution. His remedy was not to unilaterally and summarily evict the Appellant Tenants… Persons working on behalf of the Respondent Landlord attempted to have another tenant take up occupation of the dwelling while the Appellant Tenants remained in occupation of the dwelling… If the Respondent Landlord or his representatives had been in any doubt as to whether the Appellant Tenants remained in occupation of the dwelling they were no doubt aware after the incident of 12 February. The Appellant Tenants could only have left those acting on the part of the Respondent Landlord in no doubt as to the fact that they were still in occupation of the dwelling. It was not reasonable to assume that the Appellant Tenants had vacated.”
Data Source: RTB