A property owner, Christopher Bates, was instructed by a Residential Tenancies Board (RTB) tribunal to pay over €10,000 in compensation for illegally evicting a family by cutting off their electricity and changing the property locks during winter. This decision, delivered in July, also directed Mr Bates to refund €1,099 in rent that he had retained despite its advance payment by the evicted tenant, Krzysztof Kawa.
In addition to this, Mr Bates was instructed to cover the €460 storage costs faced by Mr Kawa following the unlawful eviction and return the unjustly held deposit of €1,050. Despite issuing a notice of termination in October 2022 specifying a departure date of 5th June, Mr Bates indicated that he had tried, from January 2023 onwards, to convince the tenants to vacate the property.
Mr Bates contended that he needed the property for his own use as he resided with his son during this period. He questioned the tribunal if they expected him to live on the streets, as per the tribunal report. He confirmed that Mr Kawa, who had occupied the house on Adamstown Avenue, Lucan, Co Dublin, without any rent dues, was a good tenant.
The tenant’s representative, Randall Burkhardt, stated that Mr Kawa and his family, who had been resident in the property for 13 years, had their locks altered and electricity disconnected in mid-winter. The tribunal clarified that Mr Bates had unlawfully evicted the family on 18th November 2023 by switching off the electricity and altering the locks. He then returned four days later and forced the tenants to leave. Despite the tenants not leaving by the stipulated deadline in the termination notice, Mr Bates was found to have acted unlawfully by the tribunal. They further added that he effectively allowed the family just four days to vacate, a period during which they were forced to live without electrical power.
Mr. Bates’ son, a firefighter, severed the house’s electricity due to the presence of scorched plug outlets, which he asserted posed an imminent fire hazard. He also admitted he altered the property’s locks. During this incident, Mr. Kawa, his spouse, his son and his son’s partner were the occupants of the property.
Furthermore, Mr. Kawa’s daughter, a new mother, was hospitalised at the time, and his antibiotics-needing grandson, who also resided in the house, was compelled to shift his location due to the power outage, which led to the spoilage of all their refrigerated food. Mr. Kawa confirmed having called the police on November 18th, but was informed the situation was a legal issue.
In the aftermath of their expulsion, Mr Kawa’s family found temporary refuge in a two-bedroom flat above a takeaway, prior to relocating to a new house on December 20th, 2023. He described his wife as being significantly distressed by the eviction and mentioned his son’s reticence to attend school.
Mr. Kawa expressed embarrassment and regret over failing to secure a new dwelling for his family promptly, which necessitated him taking leaves from work and, on one occasion, sleeping in his vehicle. He also mentioned that some of their possessions accumulated over 13 years were left behind at their old place. The court ordered Mr. Bates to settle a total sum of €12,609 within four weeks. This amount consisted of damages, pre-eviction rent payment, storage expenses arising from the eviction, and an unjustifiably held back security deposit.