Man secures order preventing housing association from evicting him

A Dublin man has secured a temporary High Court injunction restraining a housing association from evicting him from his home over alleged anti-social behaviour.

The injunction was granted in favour of Mr Paul McGrath, who resides at Mount Eagle Square in Sandyford Dublin 18.

The property is owned by the Tuath Housing Association, and he has resided at the South Dublin property for the last two years on foot of a lease agreement with his landlord.

He brought proceedings after he claims he was given seven days to leave the property, after he was accused of engaging in anti-social behaviour.

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He denies the allegations and in a sworn affidavit to the court says that in an incident that occurred in a neighbouring property in early June he was the victim of anti-social behaviour and was assaulted.

He also claims that his landlord has no grounds for terminating his lease.

He claims that he sought to have the dispute with Tuath heard by the Residential Tenancies Board (RTB), the body whose functions includes the provision of a dispute resolution service for tenants and landlords.

As he is challenging the validity of the notice of termination, he claims that he sought confirmation from his landlord that the proposed eviction would not proceed until the RTB has determined the matter.

However earlier this week he was informed over a phone call by a representative of the defendant that Tuath had not received anything from the RTB.

He claims that he then instructed a solicitor in the matter, who asked the landlord for an undertaking not to proceed with the proposed eviction.

However, he claims that no response has been given in relation to his request.

As a result, Mr McGrath sought and obtained temporary High Court orders against the landlord including one restraining the defendant and its agents from evicting him from the premises pending the determination of the dispute by the RTB.

He also secured a temporary order preventing the defendant and its agents from trespassing, occupying or entering the premises pending the RTB determination of the disputed notice of termination.

The temporary injunction was granted on an ex parte basis, by Ms Justice Eileen Roberts on Tuesday. The judge who expressed some concerns about applications of this nature being made at the last minute with only one side of the story being given, accepted that sufficient evidence had been put before the court to allow it to grant the orders sought.

The judge made the matter returnable to a date later this month.

Represented by Mark Curran BL, instructed by solicitor Wayne Kenny, Mr McGrath claims that in early June he was socialising at a neighbouring premises when he claims that he was “set upon” and violently assaulted by several individuals.

Counsel said that it is his client’s case that he was “in the wrong place and the wrong time”.

He claims that he was beaten to such an extent that he required hospitalisation.

Following that incident he claims that the received a notice of termination of his lease from his landlord, which gave him seven days to vacate his home.

The notice alleged that the incident involved violent and threatening behaviour, at the Mount Eagle development, and that “a weapon was used to cause harm to another person.”

He said that the notice does not provide any evidence that he engaged in anti-social behaviour, and claims that he is entitled to have his dispute with his landlord resolved by the RTB.

Any attempt to evict him before the RTB has ruled on the dispute would amount to an unlawful interference with his rights, Mr McGrath further claims.