An 80-year-old woman, who let her seaside residence for six months while she went into a nursing home, was given her house back for Christmas yesterday. Mr Seamas O Tuathail, counsel for Ms Maeve Carroll, Seaspray, Sandycove Point, Co Dublin, told the Circuit Civil Court she had agreed to let her fully furnished home for six months from April 1st. He said that when the period expired the tenant, Mr Michael O'Loughlin, not only refused to vacate the premises but had built up rent arrears of £3,480. Ms Carroll now wished to return to her home.
Mr O'Loughlin told the court in an affidavit he had to spend £1,500 on decoration and repair to the house and had been led to believe he could continue renting it for a second six months.
Mr O Tuathail asked the court to have regard to the conduct of Mr O'Loughlin. He said proceedings to recover the house had been under way since October and Mr O'Loughlin was now abusing the process of the court by having failed to enter an appearance to the proceedings, and coming in at a late hour to claim he had to carry out repairs and was entitled to a further six months' tenancy, which had not been contracted for.
Judge Michael White said the court had to be bound by the written tenancy agreement and he was satisfied Mr O'Loughlin had no defence to the proceedings by an elderly lady who wanted to come home. Granting her the order for possession, he said he would deduct the £1,500 Mr O'Loughlin claimed to have spent on the house, and granted a decree to Ms Carroll for rent arrears of £1,980.