DR0822-79514 TR1222-005844
Apartment 1 The Square Dromcollogher Co. Limerick P56 HP98
Date: 2023-05-31
Evictor: Don Stokes
Ruling against evictor: Illegal eviction, breach of the landlord's obligations in relation to standard and maintenance of the house invalid eviction notice
Notes:
Tenant’s evidence: “She left the dwelling on the morning of 26th August 2022 to do some jobs and when she returned the dwelling was boarded up. There was a public sign displayed on the outside of the dwelling for all to see stating she had been evicted. The Landlord had not contacted her that day to make her aware of his intentions. He had no report from the fire authority condemning the building. He knew she had nowhere else to go and that all her belongings were inside… On the night of 26th August she slept in her car. She then slept in her parents’ house for the second and third night before taking a room in a local house at a rate of €100 per week which she is now paying. She said she has been homeless for 145 days… She said she continues to make the €32 per week contribution to HAP and having made enquiries with HAP they informed her that the Landlord continues to receive the full rent for the dwelling". RTB decision: “The Landlord was aware that the Notice of Termination he had served was invalid and that he ought to have served a valid notice in order to lawfully terminate the tenancy. Instead he decided to adopt his own procedure wilfully disregarding the law and the Tenant’s rights by locking the Tenant out of the dwelling boarding it up and locking the Tenant’s belongings inside.”
Data Source: RTB