A Spanish tenant who discovered 12 people living in a “filthy” property in Dublin city that she had agreed to rent has been awarded damages after her deposit was unlawfully retained for more than a year.
A Residential Tenancies Board tribunal heard the tenant, Aitana Martinez, had been told there were six people living at the property on Brabazon Street in The Liberties, Dublin, before she agreed to a tenancy last year.
However, after moving in, she discovered 12 people were living in the property with “only two bathrooms”, she said. She told the tribunal the property was “filthy”, with “mould everywhere”, and she decided to leave.
Daniel Oliveira, who had told her six people were living there and to whom she paid rent and the €650 deposit, said her vacating would be “no problem” and that he would return the deposit, Ms Martinez said. However, the deposit had not been returned by the time of the hearing in June, more than a year later.
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The tenant said she was a “foreigner here with very little money” and was “taken advantage of”.
The tribunal heard a claim by landlord Zinhua Luo that Mr Oliveira “absconded” with the money.
At the outset Mr Luo said he was not the landlord, but a director of Brilliant Estate Company Limited, which he said was the “actual landlord”. He said the company has two shareholders, both of whom are related to him.
Mr Luo told the tribunal that Welcome Home Dublin Student Stays Limited was responsible for managing the dwelling and subletting rooms. He argued it was not his agent, but merely a “commercial partnership”.
He alleged Mr Oliveira of Welcome Home Dublin Student Stays “absconded with the rents and deposit”.
Mr Luo argued he was not responsible for the loss of the tenant’s money, saying: “Daniel Oliveira is not my agent but is my co-partner.”
However, asked if he had received any rent in the past from Mr Oliveira, he said he had, though not since he “absconded”.
Mr Luo said he hoped the tribunal would not “choose one victim over another”, saying he too was a victim, according to the tribunal report published last week.
He argued that the condition of the dwelling was also the responsibility of Mr Oliveira/Welcome Home Dublin Student Stays.
Ms Martinez said Mr Luo came to the property after Mr Oliveira “disappeared”, claiming he reassured them “all would be fine and that he would refund deposits, but then changed his mind”.
The tribunal found that Mr Luo was the landlord and is responsible for returning the deposit. It said Mr Oliveira was acting as an agent for him.
It ordered Mr Luo to return the deposit of €650 to Ms Martinez within 28 days and awarded her €350 in damages for its unlawful retention for more than a year.
