Dayo Ade Olusola|M10news|14 January 2025

Dispute Moves to Tribunal After Initial Ruling

A tenant’s appeal against her former landlord has been dismissed by a Residential Tenancies Board (RTB) Tribunal, which found no evidence the landlord breached statutory obligations during a dispute involving repairs, HAP paperwork and the disposal of items left behind in a Dublin home.

The case arose after the tenant lodged an RTB application on 30 December 2019, challenging an earlier Adjudication that did not uphold her claims relating to maintenance issues, Rent Allowance forms and what she alleged was an unlawful termination.

Following that ruling, the tenant escalated the case to a Tenancy Tribunal. Three Tribunal members notified both parties of the hearing date and outlined how the appeal process would proceed.

A telephone hearing took place on 18 November 2020, during which both the tenant and landlord affirmed their evidence. The Chairperson set out the procedures for submissions, questioning and closing statements.

Claims of Repair Failures and Unfair Termination

The tenant told the Tribunal she and her former partner were joint tenants but said she was pursuing the appeal alone. She confirmed that previous mediation dealt with the Notice of Termination and that she remained in the property until 30 October 2019.

She reported several issues in the home, including a fallen curtain pole, a faulty kitchen rail, a shower problem and a gas smell that was repaired by a gas company at no cost.

A plumber inspected the property at one point, she said, but later suffered a stroke and the work was never completed. She believed he had been sent by or on behalf of the landlord.

The tenant also said she applied for Rent Allowance and sent the necessary forms to the landlord, who returned them without completing the required section. She argued this obstructed her ability to stay in the property after separating from her partner.

She further claimed she was “evicted over the phone” and told to be ready to leave by the end of May 2019, though she ultimately remained until late October. She said the landlord collected her keys on her final day and raised concerns about damage.

The tenant added that she left behind a cot, mattress and child’s car seat, which she said had sentimental value. She claimed she was not given a proper chance to collect them despite repeated attempts to arrange access.

Tribunal Findings and Final Decision

Issue Raised	Tribunal Finding	Reasoning
Repairs to dwelling	Not upheld	Insufficient evidence that landlord was notified; no proven monetary loss.
Compensation for cot, mattress, car seat	Not upheld	Items were sentimental; no monetary loss established.
Termination dispute	Previously settled	Earlier mediation had resolved the termination notice issue.

The landlord firmly rejected the allegations, saying she acted lawfully throughout. She said she repeatedly contacted the tenant after the move-out to collect the items left in the home.

She said she eventually placed the items in the porch, but they remained uncollected. After seeking advice from Gardaí and charity shops, she said the items were disposed of by painters due to limited storage space.

On repairs, the landlord said she had told the tenant’s partner to arrange the work and send her the bill, which she said he did not do. She maintained the property had been in good condition at the start of the tenancy.

Regarding the Rent Allowance forms, she said she did not complete them because she believed the tenants planned to leave and she intended to sell the property. She referenced an earlier offer from the tenant’s partner.

The Tribunal accepted several uncontested facts, including the €1,744 monthly rent, the matching deposit, the tenancy start date of 1 November 2017 and the Notice of Termination issued on 29 April 2019.

In its assessment, the Tribunal found insufficient evidence that the landlord had been properly notified of specific repair issues in a way that would establish a statutory breach. It also found no evidence of financial loss caused by repair delays.

The Tribunal rejected the compensation claim regarding the cot, mattress and car seat, acknowledging the tenant’s distress but concluding that no financial loss had been demonstrated.

The Tribunal ultimately upheld the original Adjudication and dismissed all aspects of the tenant’s appeal, confirming that no breach of landlord obligations under the Residential Tenancies Act had been established.

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