Mayo: The Residential Tenancies Board (RTB) has imposed a fine of €14,500 on a landlord in Mayo for illegally entering a tenant’s apartment without permission. The RTB highlighted that this was a significant breach of tenancy laws, as the landlord’s unauthorised occupancy was not mentioned in the written lease agreement.
Details of the Incident
The case revolves around a three-bedroom apartment in Ballina, Mayo. The tenant, who was working as a receptionist, met the landlord and agreed to rent the apartment from September 1, 2019, after paying a deposit of €500. She lived there with her younger son, paying €125 per week in rent. In October 2019, the tenant formalised a tenancy agreement to apply for the Housing Assistance Payment (HAP) scheme.
The landlord began entering the apartment frequently, causing significant psychological distress and financial hardship for the tenant. Despite the tenant’s objections, the landlord continued to stay in the apartment, sometimes bringing other women with him. This led to multiple interventions by the Gardai. The tenant eventually felt compelled to vacate due to the stress and inconvenience.
Eviction Attempts and Threats
The landlord asked if it was inconvenient for him to sleep in the apartment at night. Misinterpreting the tenant’s response, he began living there full-time without prior notice or consent. He even attempted to evict the tenant and issued an eviction notice. Additionally, he sent threatening messages and claimed he would report the tenant to HAP and RTB for accommodating her partner without permission.
Landlord’s Argument
The landlord contended before the RTB that he had a verbal agreement with the tenant allowing him to use one of the bedrooms. He claimed to reside in Dublin and only visited Ballina once a month. However, the RTB found these arguments untenable, ruling in favour of the tenant.
RTB’s Ruling
The RTB concluded that the landlord’s actions were a major failure to respect the tenant’s right to peaceful occupation. The board emphasised that the tenancy agreement did not permit the landlord’s occupancy and that his actions constituted a significant breach of tenant rights.
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