Landlord must pay €7,000 damages to tenant over unlawful eviction

A landlord who unlawfully evicted tenants after claiming he was selling the property must pay them €7,000 in damages after letting the house to others at a higher rent, the Residential Tenancies’ Board (RTB) has ruled.

In evidence to an RTB tribunal held on May 17th last, the tenant said he and his family were told the house they were renting in Co Cavan was going to be sold and they looked for alternative accommodation for about two months. The family left the house on February 14th, 2022, and moved into a larger house in Mullingar, Co Westmeath the next day.

The man said his daughter had to change school and he had to change various utilities and move his credit union loan. Their new rent was €1,600 per month, up from the €750 they had been paying for the Co Cavan home.

The tenant said he was told by a former neighbour that his former home was rented to a different family at most two weeks later. He said he was never offered the house back and had collected post from the new residents a number of times. He said he was told by the new tenants that they were paying €1,200 a month.

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‘Right of way matters’

A representative for the landlord told the tribunal that it was decided in April 2022 that selling the property would have proven “too difficult due to right of way matters”.

A sales advice notice, dated March 27th last, was provided as evidence to the tribunal, and showed the property was now sale agreed.

The representative confirmed new tenants moved into the property after the complainant vacated it, but said the rent for the new tenants was €800.

In its determination, the tribunal said it was “clear” that new tenants were in the dwelling at some stage in March, an auctioneer was retained the following month and it was decided not to go ahead with a sale at that point.

“It is clear that either inadequate enquiries had been made by the landlord in advance of terminating the tenancy of the tenant illegally, or in fact he never intended to sell the dwelling at that stage,” the tribunal’s report concludes.

“Either way, the tenant could and should have been able to stay in the dwelling for approximately 15 months more. This is significant for the level of discommoding that the termination had on the tenant and his family...In all of the circumstances, the tribunal awards the tenant damages in the amount of €7,000.”