DR0319-52893 TR0519-003731
72 Cahernane Meadows Muckross Road Killarney Co. Kerry V93D3H7
Date: 2020-05-11
Evictor: Cornelius Murphy
Ruling against evictor: Illegal eviction, stolen deposit
Notes:
Landlord's evidence: "The Appellant Landlord confirmed when asked by the Tribunal that he had changed the locks of the dwelling on 28th February 2019 when he called to the dwelling and the Respondent Tenant was not present." Tenant's evidence: "The Respondent Tenant referred to the events of 28th February 2019. He said he received a telephone call from his wife that she was at home with their 5 year old daughter in the kitchen when the Appellant Landlord entered the dwelling with two men who changed the locks of the dwelling. The Appellant Landlord told her that she and her family must leave the dwelling... He said one of the Gardai who was a Sergeant reached an agreement with the Appellant Landlord that the Respondent Tenant and his family would leave the dwelling the next day no later than 6pm. He said he told the Sergeant that he wanted more time to search for a new dwelling but the Sergeant had said “no”". RTB decision: "The Tribunal accepts on the balance of probabilities the evidence of the Respondent Tenant that his wife was on her own with a small child in the dwelling when the Appellant Landlord arrived with two men and changed the locks... The Tribunal finds the actions of the Appellant Landlord in this regard were unlawful unwarranted unjustified and deplorable... The Tribunal finds from the evidence that this was a coercive and unlawful termination of the ten year old tenancy. It was an illegal eviction by the Appellant Landlord which the Tribunal surmises was possibly unwittingly facilitated by the Gardai".
Data Source: RTB