DR0918-48363 TR0119-003516
26 Smithfield Gate Smithfield Dublin 7 D07Y773
Date: 2019-08-13
Evictor: Mona McGarry
Ruling against evictor: Illegal eviction
Notes:
Tenant's evidence: "It was put to him that nobody has lived in the dwelling since the Tenants vacated. The first named Tenant responded that he saw people living there that he saw the curtains drawn in the evenings and open again in the mornings. He said in addition he has seen the dwelling advertised on Air BnB. He said that from the advertisements he could see it was the same dwelling as it was exactly the same furniture as when they had resided there. It was put to him that he had absolutely no evidence to support that contention and at that point the Tenant sought leave to admit the Air BnB listing for the dwelling... The second named Tenant gave evidence that it was a very stressful for them to have to vacate the dwelling. She said that they had endured great upheaval and anxiety and that it had been unnecessary because the dwelling had then been left idle for months. She stated that they had exceeded their income when they were trying to move and had to pay rent for their temporary accommodation rent for their new property and the storage space. She said that they had to use their savings for that and it significantly depleted their wedding fund. She said that they now have to pay €1750 per month for their new tenancy when their original dwelling has been available and was not undergoing renovations... They confirmed that they were not seeking reinstatement only damages as they were now bound by a fixed term tenancy in another property." Landlord's agent: "It was put to her that she had prepared the Notice of Termination and the total figure for the proposed works of €30000 was in no way consistent with the invoice for works actually done in Case File 1 for €11000... It was put to her that of the six items of proposed renovation works in the Notice of Termination none of them had been carried out in full and one of them had not been done at all." Landlord: "The Landlord accepted that she had asked someone to rent the property out on AirBnB after the adjudication hearing as she was not getting any income from the dwelling."
Data Source: RTB