Dublin man resolves action aimed at preventing eviction over alleged anti-social behaviour

A Dublin man has resolved his High Court action aimed at restraining a housing association from evicting him from his home over alleged anti-social behaviour.

Earlier this year, Paul McGrath secured a High Court injunction restraining his eviction from a property in Mount Eagle Square in Sandyford, Dublin.

The property is owned by the Tuath Housing Association, which denied any wrongdoing.

On Friday Mr Justice Mark Sanfey was informed the matter had been settled and could be struck out.

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No details of the settlement were given in open court.

In his action against the association, Mr McGrath claimed he had resided at the south Dublin property for the last two years on foot of a lease agreement with his landlord.

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

He claimed he was set upon and attacked by individuals while socialising at a neighbouring property.

He claimed that he was in “the wrong place at the wrong time” and had sustained injuries during the assault that needed to be treated in hospital.

He denied any wrongdoing, but was later informed that he was being evicted.

He claimed that his landlord has no grounds for terminating his lease.

He had further claimed 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.

He had sought assurances from his landlord that the proposed eviction would not proceed until the RTB had determined the matter.

As a result of not being given those assurances, Mr McGrath obtained various High Court orders against the landlord, on an ex parte basis, 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 an order preventing the defendant and its agents from trespassing, occupying or entering the premises pending the RTB determination of the disputed notice of termination.