DR0516-26165
37 Tralee Marina Holiday Apartments The Marina Tralee Co. Kerry V92 PC61
Date: 2016-10-13
Evictor: Michael Nealon
Ruling against evictor: Illegal eviction, invalid eviction notice
Notes:
Tenant's evidence: "She stated that a few days later while sitting on the couch in her living room with her husband her husband felt a bite on his hand and they realised that there were fleas on the couch... A few hours later the second named Tenant stated that the Landlord’s agent phoned her and in an aggressive tone informed her that the property was for sale and that she would be getting a Notice of Termination the following day. The second named Tenant also stated that the Landlord’s agent told her not to look for any other property from his agency... The second named Tenant further gave evidence to the effect that she was aware that the property has now been re-let since 3 July 2016 through the same letting agent albeit without any advertisement having been placed on daft.ie or elsewhere... The second named Tenant gave evidence that she took medication to deal with the stress of the situation and her son was upset seeing her crying in relation to it". RTB decision: " A landlord may not seek to recover possession of premises the subject matter of a Part 4 tenancy merely on account of a general intention on his part to sell the premises and the intention must be to sell within three months and not merely for example to place the property on the market to test the market or to place the property on the market and wait a period of time until the appropriate price is achieved...The termination of the tenancy was therefore unlawful and the Tenants are entitled to damages in respect of this unlawful termination".
Data Source: RTB