A landlord’s move to evict a 92-year-old woman so he could increase the rent beyond rent pressure zone caps has been described as “unconscionable” by the Residential Tenancies Board (RTB).
Patrick Molloy has been ordered to pay €3,750 in damages to his elderly tenant at The Elms, Charleville Square, Rathfarnham, Dublin, for breach of his landlord obligations and for stress and suffering caused to her.
Ita McDonnell has been living at the apartment for 13 years, with an initial rate of €1,150 per month. The landlord purchased the property in May 2022 and, in August 2022, sought to raise the rent to €1,340 plus service charges. Three days later, he sent a lease termination notice, the tribunal said.
In a recent decision, the RTB tribunal held that the rent review and termination notice were invalid. The latter was “issued out of frustration” when the tenant challenged the rent review, and the landlord did not demonstrate he genuinely intended to sell the property, the tribunal held.
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The panel of three adjudicators also found that the termination notice was sent “to pressurise the tenant into accepting the increased rent” and to secure vacant possession to get a new tenant so he could increase beyond pressure-zone caps. The actions of the landlord in taking this position with an elderly woman were “unconscionable”, the tribunal said.
It directed that the tenant should continue to pay outstanding rent at the rate of €1,150 per month, while the landlord must pay her damages of €3,750.
The tenant had applied to the RTB in February 2023 and her dispute was referred to mediation.
Following this, the landlord appealed to the board, alleging rent arrears, breach of tenant obligations and that the woman was staying at the property beyond a valid termination date.
The tenant appealed, alleging the termination notice and rent review were invalid. Her solicitor, Tom McDonnell, contended the landlord had no intention to sell the property but gave notice of termination as a knee-jerk reaction to penalise her for querying his rent review.
The tenant also complained that she had suffered a lot of inconvenience and distress due to recent works done in her apartment by the management company. She said she had been given no notice, had no privacy and could not access her kitchen, bedroom or television for several days while workmen came and left as they pleased.
The landlord said he had to spend some €10,500 on fireproofing works that were organised and mandated by the management company. He said he advised the contractors to deal directly with the tenant.
Under cross-examination, he denied the termination notice was a reaction to the tenant’s refusal to accept his rent increase, saying instead he intended to sell the property and had offered to sell it to the tenant but she refused this.
While he said he may have raised his voice once or twice, he denied ever demanding or shouting at the tenant for rent directly.
The tribunal was satisfied the landlord was required to facilitate the fireproofing works and there was therefore no breach of maintenance. While “justified” in having the works completed, he failed to consider the impact that six full days of work would have on the elderly tenant, the tribunal said.
It was “incumbent” on him to ensure she was accommodated and in failing to do so he failed in his obligation to provide her with peaceful and exclusive occupation of the dwelling, the adjudicators ruled.
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