A Sri Lankan couple were searching for a new home last night after their eviction from a flat in Ranelagh, Dublin.
Gardai were called after local residents complained about the family's treatment.
Mr Krishna Kularajah, a father of three who came to Ireland as a refugee 12 years ago, claimed his landlord was in breach of the law by allegedly giving him insufficient notice to vacate the flat, and by failing to have a bailiff present at the eviction.
Mr Kularajah arrived home early yesterday, after dropping his two sons to school, to find his possessions on the doorstep outside.
"There were three big guys standing at the door and they said I couldn't go in," he said. "My wife and daughter were inside and when they came out to talk to me they shut the door on us."
He confirmed the landlord, Dr William Whately, from Dundalk, had obtained a court order for possession of the flat at Woodstock Gardens. But Mr Kularajah said he believed it only came into effect four weeks after September 4th, 2001, the date it was stamped.
However, Dr Whately said the order for possession was obtained in court on July 30th last, adding the four weeks had elapsed last month. "I have been in touch with my solicitor and he assures me that the date which matters is not the date of the stamp but the date of the court sitting," he said.
Dr Whately said he wished to repossess the flat to house two of his children who were attending third-level colleges in the area. "They have nowhere to go at the moment."
Of the Kularajahs, he added "I am very sympathetic to their situation. I have been on to the housing department at Dublin Corporation to see if anything can be done for them. But their tenancy was up in May/June 2000 and they have been under notice to leave since then. As I would see it, this is just another delaying tactic."
Mr Kularajah, who had to leave his job at a bakery recently after suffering a wrist injury, said he had been searching for alternative accommodation for months. "I'm on the corporation waiting list for 10 years and they don't have a place either. They tell me to go to a hostel but that's not a suitable place for children who are going to school."
A Garda spokesman said their only function was to ensure there was no breach of the peace.
"It's essentially a civil law matter," he said. "There have been claims and counter-claims but was far as we can see the eviction was not illegal as there was a court order. But the way in which it was carried out may have been questionable. Normal practice would be that a bailiff should be present."
Asked why no bailiff was there, Dr Whately said "this is not an eviction. The court order was agreed by mutual consent."
