Examiner:
Landlord fined €30k for tenants’ actions
By Eoin English
Monday, December 17, 2012
A landlord has been ordered to pay almost €30,000 in damages after his tenants subjected neighbours to serious antisocial behaviour. The award, one of the highest of its kind by the Private Residential Tenancies Board, has serious implications for landlords.
A group of 13 residents took two cases to the PRTB earlier this year in relation to antisocial behaviour linked to the tenants of two properties in Bishopscourt Drive, owned by West Cork-based landlord Flor Harrington. They outlined a catalogue of incidents, including:
* Violent incidents and fights outside one of the houses;
* Out-of-control parties, excessive noise, and disturbance;
* Drinking alcohol and urinating in public by tenants, or by people connected to them;
* Rubbish, including used nappies, being thrown into neighbouring gardens;
* Cars being driven recklessly and noisily at night in the area, and in the garden of one of the houses;
* One incident where gardaí, who were arresting an individual at one of the addresses, had to use pepper spray after they were attacked by a group of women who were in the house.
And yet, a landlord cannot evict a tenant unless he has the same amount of proof which basically he has to gather from neighbours.http://www.irishexaminer.com/archiv...fined-30k-for-tenantsapos-actions-217217.html
Interesting case in Cork regarding absentee landlords and their anti social tennants.
However, the tribunal ...said Mr Harrington was in breach of his duty to the neighbours of his properties. It ordered him to pay €1,000 to each of the 13 residents in relation to one complaint, and €1,250 to each resident in relation to the second complaint — a combined damages bill of €29,250.
This is clear, however, the problem is if the Landlord wants to evict a tenant for anti-social behaviour, he/she has to have sufficient proof to satisfy the PRTB!Under the Residential Tenancies Act 2004 a landlord is held legally responsible for control of a tenant's antisocial behavior and a case can be brought against him by affected third parties. Several such cases can be found documented on the PRTB website.
Who would want to be a landlord?
And therein lies the problem for landlords. They cannot evict without good proof of the anti-social behaviour. That proof can only come from those affected who do not always want their name brought up, often fearing retaliation my the anti-social tenants.This is clear, however, the problem is if the Landlord wants to evict a tenant for anti-social behaviour, he/she has to have sufficient proof to satisfy the PRTB!
I evicted tenants in February this year who were causing havoc, but had to be patient and use 'the non-payment of rent' to get them out.
The neighbours, who were happy to complain to me on an almost daily basis, didn't want to call the Gardai to have the anti-social behaviour and drug dealing officially logged as they were afraid of the tenants. This left me in a very difficult position as I was aware of the behaviour but had no absolutely no proof as I don't live near the property.
The residents said the behaviour went on for several years, and that they were "living in fear" and "felt intimidated". They said they raised their concerns with Mr Harrington, who lives in Ardgroom, on the Beara peninsula, several times, without substantive or meaningful response.
Under the Residential Tenancies Act 2004 a landlord is held legally responsible for control of a tenant's antisocial behavior and a case can be brought against him by affected third parties. Several such cases can be found documented on the PRTB website.
Who would want to be a landlord?
I thought that the PRTB was for resolving issues between tenants and landlords? I had not realised that anyone can take a case against a landlord through the PRTB. Seems crazy.
The thing is that the residential tenancies act, overseen by the PRTB, is skewed in favour of the tenant to the extent that it is extremely difficult to evict tenants.Nothing crazy about it I think--it is only right that a landlord is held accountable for how his/her tenants impact on the lives of those around them.
No, it isn't. There are a full range of measures landlords can use to evict tenants. They just have to do it properly and in accordance with the law. A good thing, surely?The thing is that the residential tenancies act, overseen by the PRTB, is skewed in favour of the tenant to the extent that it is extremely difficult to evict tenants.
Are you a landlord bugler? Just wondering where you have the idea that it's easy to evict tenants.No, it isn't. There are a full range of measures landlords can use to evict tenants. They just have to do it properly and in accordance with the law.
Both properties are now on the market. The tenants of one of the houses have been served with a notice of termination of tenancy, and are due to vacate the property by Dec 31.
The tenants of the other property have been put on notice that the house has been put on the market, and that they should find alternative accommodation.
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