DR0319-52981 TR0619-003826
14 Distillery Court The Maltings Ballincollig Cork P31 XH01
Date: 2020-03-26
Evictor: Anna Healy Lillian Healy
Ruling against evictor: Illegal eviction, invalid eviction notice
Notes:
[This eviction was judged illegal because that the landlord did not reoccupy the house after evicting the tenant for this reason] Tenant's evidence: "In respect to the loss associated with the termination the Appellant Tenant stated that his wife had to take unpaid leave and had returned to Poland with their 3 children as they could not source accommodation. Landlord's evidence: "When questioned as to the low gas and electricity bills Ms. Healy stated that she tended to shower at the local swimming pool and stayed in bed a lot. She also made reference to the new insulation added to the property which made it warmer and stated that being pregnant she generated her own heat." RTB decision: "The Tribunal finds that as effectively no utilities were consumed during the course of the period from September 2018 to March 2019 and as the Respondent Landlord herself stated she travelled a lot the Tribunal finds that the termination was served on the basis of a desire not a requirement"... "References to pregnancies generating their own heat and showering at sports centres rather that your own home over a 6 month occupation seem to the Tribunal to be retrospectively formed to support the lack of more obvious occupation."
Data Source: RTB