A property owner in County Cork, who constructed a 6-foot fence around a residential property, has been instructed by a Residential Tenancies Board (RTB) tribunal to give €2,500 as damage compensation for compelling an end to a tenancy arrangement unlawfully. The tribunal was unconvinced by the testimony of the property owner, Patrick Tallon, who asserted that the Harris fencing and plywood barriers were installed around the property as a safety measure. The tribunal concluded that his actions violated his responsibility to ensure the peaceful and undisturbed use of the residence.
The questionable installation of the barriers, particularly those obstructing light and hindering access to the utility area and all exit points aside from the main door, was seen as inducing an end to the tenancy by the landlord.
Christine Hassel, the tenant paying a monthly rent of €1,100, began her lease in October 2020 for Cottage 1, Ashview House, Rathorgan, Dungourney, County Cork. Ms Hassel informed the tribunal that she was furnished with an end-of-tenancy notice in February 2024, set to expire in August. However, she vacated the property in June.
A 6-foot high Harris fence was erected around the cottage on April 18th, 2024. After Ms Hassel removed it, Mr Tallon rebuilt the fence on May 1st, this time sealing it securely. This caused considerable strain and stress for Ms Hassel and her children.
Photos shown to the tribunal displayed that the Harris fencing was not the only obstruction; plywood or MDF panels were also mounted against the residence, blocking natural light from passing through windows and glazed doors. The entire house was effectively sealed up, with access only available via the main entrance.
Ms Hassel testified that the event was extremely unsettling and intimidating, with the living room and bathroom windows experiencing the most impact.
Mr Tallon informed the tribunal about issues with the water supply, stating that a well-drilling contractor had been commissioned to drill into the bedrock behind the house. Accordingly, he claimed the Harris fence was necessary to protect the area with deep ground holes, which could potentially be hazardous. However, this argument was disregarded by the tribunal.
The court was informed that protective panels were installed around the home to shield the windows and glass door from potential damage arising from drilling debris. A stronger pump was eventually installed to address the water issues.
The court declared the eviction notice received by Ms Hassel from Mr Tallon to be void, as he declared that a friend was currently inhabiting the house and he only intended to move in at an undefined future date.
The pertinent laws dictate that eviction notices are only valid if the owner or a family member requires the property for their personal use, not based on what simply suits them.
The court determined that Ms Hassel vacated the premises in June due to the challenging circumstances that made continuing to reside there unfeasible.
In light of the inconvenience endured, the court awarded damage payments of €2,500 to Ms Hassel, who managed to find herself another place to live.