A tribunal from the Residential Tenancies Board (RTB) found that two Brazilian students residing in Limerick were subjected to financial difficulties, anxiety, and distress as their landlord, Andrew McGee, persistently neglected to return their security deposit after they vacated their rental property. The tribunal consequently ruled that McGee was to pay €700 in damages to Natalia Benini Silva and Felipe Bressan Silva for illicitly retaining their deposit, in addition to returning the deposit itself.
Despite Mr. McGee’s absence, the hearing proceeded with Natalia Silva recounting how they were presented with a €700 cheque upon their departure from their Dooradoyle Road, Limerick accommodation in December 2023, which unfortunately the bank did not honour.
Both Silvas, paying a monthly rent of €700, had co-inhabited the property with another couple, vacating the premises concurrently. Amidst their departure, they assisted the impatient McGee in procuring two replacement couples, given his claim of having numerous individuals eager to move in.
When the bank rejected the cheque, the students made several attempts to schedule a meeting with McGee to retrieve their deposit, even enlisting the aid of their English teachers, says Ms. Silva. The tribunal cited Ms. Silva saying they felt a difference in treatment from McGee due to their foreign status.
Despite efforts to convene with the landlord, which involved missing school, the landlord consistently failed to make an appearance. According to the tribunal, McGee was fully aware of the students’ financial predicament minus the €700 deposit. Garcia and Silva then questioned the landlord’s actions, to which he suggested they refer their issue to the gardaí. The gardaí stated their inability to assist, leading the students to approach the RTB.
The witness conveyed her profound worry with respect to the treatment meted out to the individuals who hailed from abroad and hence were susceptible to adversity. The residents reported that the loss of their deposit was a grave setback. Without any kin in this country to support them, their only recourse was to rely on their friendships, as the account detailed. The unfortunate economic situation and the unfavourable currency exchange rate with Brazil complicated matters further. They were compelled to resort to borrowing money in Brazil, where interest rates were unjustifiably high and to liquidate their personal assets in order to make ends meet.
In the ruling, it was confirmed by the tribunal that the landlord’s behaviour had been quite inconsiderate and deceitful. He had made false promises to the tenants of meeting them at the bank to return their deposit, which he did not honour. The tribunal found the residents’ accounts to be incredibly persuasive.
The tribunal concluded conclusively that the tenants ended up experiencing not just monetary constraints but also stress and inconvenience due to the landlord’s conduct. The tribunal made special reference to the residents’ testimony about being driven to the extent of selling their personal belongings and securing loans at exorbitant interest rates in Brazil.