DR0322-76126
17 The Cove Aghatubrid Glandore Co. Cork P81VK06
Date: 2023-07-06
Evictor: Silenceford Limited
Ruling against evictor: Illegal eviction, stolen deposit, breach of the landlord's obligations in relation to standard and maintenance
Notes:
Tenant's evidence: "The Respondent Tenant gave evidence that in or about March 2021 she telephoned the first named representative to notify him that water had accumulated under the floor of the second dwelling. She said in response the first named representative shouted at her blamed her for the problem and told her to sort it out... She said her young son was sick and on an inhaler because of the mould and damp. She said she got the name of a plumber from some neighbours and Peter Dorrington of West Cork Plumbing and Heating came to do an inspection of the second dwelling in late January 2022. She said she sent a Whatsapp message to the first named representative on 29th January 2022 to inform him that she had given his email address to the plumber. She said the first named representative’s response was that she was responsible as she had broken it. She said he subsequently sent her a Whatsapp message giving her 30 days notice to vacate.. The Respondent Tenant referred to Mr. Dorrington’s report... He stated it was not the fault of the Respondent Tenant and that the problem was possibly due to the quality of the cold water supply or a defect in the materials of the cylinder. He said damage of mould and dampness caused by the problem made parts of the second dwelling uninhabitable." Landlord's evidence: "The first named representative gave evidence that on 29th January 2022 (12.43pm) he gave the Respondent 30 days notice terminating the tenancy by way of a Whatsapp message. He confirmed there was no other written notice to terminate. He gave evidence that he thought this would “frighten her into submission”. When questioned by the Tribunal as to what he meant by this the first named representative responded that he wanted her out of the second dwelling and not to return". RTB decision: "The behaviour and treatment of the Respondent Tenant was dishonest and misleading egregious and inhumane. She and her young son were left with no home no security of accommodation only a few possessions and they subsequently left Ireland."
Data Source: RTB