0116-23656
20 Kerry Road Mayfield Cork
Date: 2016-05-20
Evictor: Dave Kingston
Ruling against evictor: Illegal eviction, invalid eviction notice, stolen deposit
Notes:
Landlord’s evidence: "He claimed that the Tribunal had no jurisdiction to hear the dispute as he was also resident in the dwelling... In relation to the Tenant’s questions and submissions that he had not in fact been living in the dwelling and that the day of the adjudication was the first time she had heard this assertion he submitted that he had maintained a façade until that date even going so far as to send texts saying he was coming to the dwelling to collect rent or do repairs. This was he claimed in order to preserve the sense of privacy of the tenants and so they would not feel they were being intruded upon." Tenant’s evidence: "The Tenant claimed that it was simply implausible that the Landlord was residing secretly in the dwelling all along. The Tenant took particular issue with the contention made on the second day of the hearing that the Landlord was sharing a bedroom with his daughter. She outlined that the Landlord’s daughter’s boyfriend stayed overnight several times each week and questioned the reality of the alleged sleeping arrangements in that context." RTB decision: "The Tribunal had serious misgivings about the credibility of the Landlord’s evidence particularly in circumstances where his account of his living accommodation and particularly where he was sleeping changed markedly between the first day and the second day of the hearing... The Landlord was not entitled to simply remove the Tenant’s belongings refuse to allow her continue with her tenancy and change the lock on the dwelling."
Data Source: RTB