A tenant who lived in a property for more than 25 years, and was “put on the streets” after the locks were changed, was not illegally evicted as his deceased partner was the sole name on the lease, a Residential Tenancies Board tribunal has found.
The tribunal in May heard that the tenant’s long-term partner, with whom he has two daughters who grew up in the property in Dublin 11, died in September 2023, three months before the locks were changed.
While the rent was paid up to the end of November, the landlord’s son “banged on the door shouting at him to leave the house or he would beat him up,” the tribunal report published on Friday reads.
The tenant told the landlord’s son that he had money to pay the rent, but was told that “he did not live there,” before the locks were changed in December.
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The tenant said he was not given his belongings, including medication, clothes, furniture, his birth certificate and post.
The man, who outlined a number of health issues, said his carer took him to a Garda station to report the incident, but was told that it was a civil matter.
The tenant said he has been living in emergency accommodation since, which was “very hard on his health”, while he had also lost touch with his daughters and his grandchildren.
The landlord’s daughter, who spoke on his behalf, said the tenant’s daughters were clearing out the property following their mother’s death and it was to be left vacant after. She said this was why they had changed the locks and there was “no abuse”, adding that they had tried to return his belongings.
A representative from Threshold, speaking for the tenant, said he had been “put on the streets at a distressing time in his life in the middle of a crisis”.
Leases for the property through the years stated the name of his partner solely, with the tribunal therefore finding that he was not illegally evicted as he was not a tenant but a cohabitant.
However, the tribunal found the landlord was in breach of his obligations for not giving the family sufficient time to clear belongings, noting that the tenant “suffered as a result” with property “taken from him” including medication and post which contained a replacement birth certificate.
The tribunal therefore ordered the landlord to pay €3,500 in damages to the tenant for denying access to his belongings.
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