Landlord & Tenant

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Complaint of Overcrowding Led to Wrongful Eviction

 

Dublin District Court heard a case where a tenant, who had complained to the landlord of overcrowding, had all her belongings removed from her apartment, without her knowledge or consent, by the landlord. The tenant had been at work when the landlord removed all her belongings.

 

The landlord, Green Label Short Lets Ltd, claimed in their notice to quit that the company was selling the property. However, the Residential Tenancies Board (RTB) found that the eviction was an act of penalization after the tenant raised concerns of overcrowding in the property with Dublin City Council.

 

The RTB made two orders in their ruling stating that the notice to quit was invalid, and that the subsequent eviction was illegal.

 

As the ruling and damages awarded by the RTB was ignored by the landlord company, the tenant requested the RTB to apply to the District Court to enforce the order.

 

The defendant landlord made no appearance in court.

 

The judge asked whether a search on the Companies Registration Office be made to ensure that the defendant landlord company had not been struck off. The solicitor for the tenant provided evidence of this to the court and the judge awarded the tenant €15,400 in damages and €1,200 in legal costs describing the tenant’s experience as ‘horrendous.

 

Residencies Tenancies Board v Green Label Short Lets Ltd Dublin District Court (Judge Mary Quirk) 2 June 2023.