DR1120-66046 TR0321-004806
49 Dodsborough Road Lucan County Dublin K78V296
Date: 2021-12-23
Evictor: Nabeela Jafri
Ruling against evictor: Illegal eviction, interference with the tenant's right to peaceful and exclusive occupation
Notes:
Landlord's evidence: "She said she had no idea that the Respondent Tenants had no place to live when the dwelling was re-let. She said also that she was not aware of the requirements in the Act to serve a Notice of Termination with accompanying Statutory Declaration where a Landlord requires the dwelling for his/her own use." RTB decision: "The Appellant Landlord says that she was not aware of the requirements under the Act for the service of a notice of termination with accompanying declaration. The Tribunal is satisfied from the evidence furnished that no statutory declaration was furnished with the Notice served on the 1st of August 2020 by the Appellant Landlord and that the Notice of Termination served is invalid. The Tribunal notes that the Respondent Tenants vacated the dwelling on the 1st of October 2020 and notwithstanding that the Appellant Landlord had the contact details for the Respondent Tenants no contact was made with them when the Appellant Landlord instructed her Agents to re-let the dwelling in or about the middle of October 2020... The Respondent Tenants vacated the dwelling on the 1st of October 2020 and have given evidence of the pressure through repeated phone calls from the Appellant Landlord enquiring as to when they were leaving the dwelling which they said occurred on a weekly basis".
Data Source: RTB