“Unnamed Tenant’s Eviction Legal, RTB Finds”

A resident who had been living in a house for over a quarter of a century was not unlawfully ejected, after the locks were changed, resulting in him being “thrown onto the streets,” according to a ruling by the Residential Tenancies Board tribunal. The ruling was based on the fact that the lease was solely in the name of his late partner, with whom he fathered two daughters who were raised in the property in Dublin 11. His partner passed away in September 2023, three months prior to the locks being altered.

Despite fulfilling rental payments up until November’s end, the landlord’s son threatened him, insisting that he vacate the property or face physical harm, according to a report issued by the tribunal on Friday. When the resident said he had the funds to continue paying rent, the landlord’s son denied his residency, and proceeded to change the locks in December.

The resident claimed his possessions, including medication, clothing, furniture, his birth certificate, and mail, were not returned to him. The man, plagued by various health problems, was driven to a Garda station by his carer to lodge a complaint about the incident, but was informed it was a legal issue. The resident says he’s been staying in temporary housing subsequent to these events, which has been detrimental to his health. He’s also lost contact with his daughters and grandchildren.

Speaking on behalf of the landlord, his daughter stated that the locks were changed following the death of the resident’s partner because her daughters were emptying the property, which was slated to be unused. She denied any mistreatment, and also claimed they attempted to return his belongings.

A representative from Threshold, representing the resident, stated that he was “left homeless during a tumultuous period in his life amidst a crisis”. Since the lease was registered solely under his partner’s name, the tribunal concluded that he was a cohabitant, not a renter, and hence wasn’t illegally evicted.

However, the tribunal did find the landlord guilty of not providing the family with adequate time to remove their belongings, and noted that the occupant had “suffered due to this” and lost property, including medication and mail with a replacement birth certificate. As a result, the tribunal ordered the landlord to make a payment of €3,500 to the resident as compensation for denying access to his personal property.

Written by Ireland.la Staff

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