The Bank of Ireland, which gave a customer a "glowing" character reference for her landlord has been ordered by a judge to pay part of her rent arrears. Judge Raymond Groarke was told in the Dublin Circuit Civil Court yesterday that the bank described Ms Elaine Corrigan, a businesswoman, as a respectable and trustworthy party who met her commitments and would not enter into any arrangement she could not see her way to fulfil.
Mr Anthony Doheny had sued Accommodation Services Ltd and the bank for £4,000 rent arrears and £4,000 for damage to his property. The judge held that no award could be made against the bank for damage to Mr Doheny's property. The court was confined to awarding damages for £1,300 rent.
He had been told by Mr Christopher Boudren, counsel for Mr Anthony Doheny, Mount Anville Park, Goatstown, Co Dublin, that his client was a civil servant who sought to rent out his home in 1992 when he was seconded to the United Nations.
Mr Doheny had engaged Accommodation Services Ltd., Grove Road, Portobello, Dublin, to handle the letting for him. On the foot of three written and two oral character references the agency had rented the property to Ms Corrigan and a Mr Brian Winters.
Judge Groarke told Mr Alistair Rutherdale, counsel for the letting agency, he could not find any negligence on the part of his client. He dismissed the claim against them.
The judge said of the bank: "The bank is not simply stating these are people who deal with their financial affairs in a correct and proper manner. They are saying she is trustworthy, that she meets her commitments and would not enter into any arrangement she could not see her way to fulfil."
Judge Groarke said that on the evidence available to the bank of a very large number of cheques that had bounced, it seemed to him that making that observation was not dishonest in the context of moral culpability.
"But it was not an honest reference," he said. "It was not honest to say she was respectable . . . that she was trustworthy and meets her commitments . . . that she wouldn't enter into any arrangement she couldn't see her way to fulfil. "The bank was aware she had a history of dishonesty."