We recently assisted one of our clients in securing a very positive outcome in a case before the Private Residential Tenancies Board. The case serves as a cautionary tale to any residential landlord attempting to compel their tenant to vacate a rented premises. Our basic message is to proceed with caution and in line with due process.
We acted for the tenant in this dispute. He was in substantial arrears of rent and was accused of anti-social behaviour by his landlord. Some months before the matter came before the PRTB, the landlord in an attempt to compel the tenant to vacate the premises, attended the premises unannounced with three others including a locksmith. He proceeded to let himself into the premises and then made attempts to change the locks. It turned out that the tenants were in fact inside the premises and believed that the landlord was an intruder, breaking into the house. The Gardaí attended the scene and advised the landlord to make a complaint to the PRTB.
When the case came before the PRTB, our client did not dispute the arrears of rent but strongly disputed the allegation of anti-social behaviour. He also complained about the landlord’s attempted break into the property and reported racist and abusive language used during the incident.
The Adjudicator found overwhelmingly in our client’s favour. While the rent arrears were confirmed, the landlord was found to have been in “a most severe breach” of his obligations by attending the property with the intention of illegally terminating the tenancy. The award of damages in our client’s favour cancelled out the substantial rent arrears. In addition, all notices of termination served were found to be flawed and invalid and the landlord is essentially back to square one.
The Residential Tenancies Act 2004 sets out extensive obligations on both landlords and tenants with respect of residential tenancies. It also stipulates circumstances and procedures for termination of any tenancy and notice requirements of any such terminations.
This case shows that it is absolutely imperative that a landlord complies with his obligations under the Act, particularly his obligation to afford the tenant peaceful and exclusive occupation of the rented property. Any breach will be treated harshly and may invite a substantial award of damages against landlord.
The PRTB website has helpful information about the relevant procedures. We also have extensive experience in this area and are in a position to advise both landlords and tenants on any issues that have arisen.
I'm from the states and in the U.S. a tenant has the same rights as a home owner. Its good when society protects people in their homes. In America, this landlord and his three accomplices would have been arrested and possibly charged with criminal trespass and assault.
ReplyDeleteThanks for the comment Clay. It's interesting to hear how things work in the US. Shocking behaviour by the landlord here and our client's rights protected, even if only after the event.
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