DR0418-43298 TR0718-003127
Apartment 22 Oak Glade Hall Craddockstown Road Naas Co. Kildare
Date: 2019-04-18
Evictor: Trevor Carter Bridgette Carter
Ruling against evictor: Illegal eviction
Notes:
[This is a case where the tenants were evicted on the basis that the landlord needed to move in but didn't do so] Tenant's evidence: "The Respondent Tenants confirmed that they received the Notice of Termination dated the 26 April 2017 signed by Trevor Carter as the Landlord and the tenancy ended on the 15 October 2017. The Tenants explained that they called to the dwelling in December 2017 before Christmas time to collect post. They saw the new tenant his wife and child in the dwelling. He told them that he was paying rent of €1150 per month. They said they called again the day before the Tribunal hearing and that he confirmed that no one had lived with him in the dwelling other than his wife and child... The Respondent Tenants explained to the Tribunal that it was very difficult to find a new property and they thought at one stage that they would have to move back to Poland so they would not be homeless. They told the Tribunal that that they are now renting a three bed roomed apartment in Newbridge at a rent of €1300.00 per month." RTB decision: "Section 56(1)(c)(ii) applies to this case as the Tribunal finds that the first named Appellant Landlord never took up occupation of the dwelling following the service of the Notice of Termination on the 26 April 2017... The Tribunal is satisfied that the Respondent Tenants have suffered considerable distress inconvenience and increased rent and travel costs arising from the deprivation of possession of the dwelling."
Data Source: RTB