RTB: Evicting a tenant after a Garda drug raid not justified

Brendan Burgess

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Seven-day eviction notice for tenant after drugs raid was not justified, RTB tribunal rules

Notice of termination for antisocial behaviour was ‘a draconian measure’ and would render the tenant homeless, the tribunal said
www.irishtimes.com

The agent said “the Garda had confirmed during a subsequent phone call with him that the raid was to look for narcotics and that narcotics were found”, the tribunal report said.

“As a result of this, the landlord issued a seven-day notice to the tenant to vacate the dwelling. [The agent said] there were 40 different families living in the apartments and that the landlord had a duty of care to these families.”

...
The tribunal said seven-day notices were reserved for the most serious of matters, and it was not satisfied the Garda raid warranted the service of the notice.

“For the benefit of the parties the tribunal draws attention to the fact that there is a difference between ongoing antisocial behaviours and ones warranting a seven-day notice,” the report said.


“In the former case a warning notice must first be served, and if the matter continues and/or reoccurs a notice may then be served. Such a notice must also give 28 days’ notice of termination of the tenancy.”

A notice of termination for antisocial behaviour was “a draconian measure”, the tribunal said. “If it was upheld in this case, the tenant would be rendered homeless.”
 
“reserved for the most serious of matters”

So the Gardai doing a successful drugs raid of the place must be a light and breezy matter…

No wonder landlords continue to head for the hills. Unbelievable stuff. The scumbags in question should be homeless. The property should be occupied by decent, law abiding citizens.

A disgrace.
 
DannyBoyD said:
Yes there was a raid, but as of yet no conviction.

If you read the entire ruling, its clear that no other evidence was submitted.

Whilst I have some sympathy for the property owner, I agree with the ruling.
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Brendan Burgess said:
The agent said “the Garda had confirmed during a subsequent phone call with him that the raid was to look for narcotics and that narcotics were found”, the tribunal report said.
Click to expand...
 
Again - as of yet, there was no conviction.

The rule of law applies in this country.

"The agent said the criminal case against the tenant has not been concluded. He did not produce evidence to support his claim about other acts of antisocial behaviour."
The only evidence from An Garda Síochána was a letter saying a search had taken place and was recorded on the Pulse system.

The tribunal said drug dealing was a criminal offence, and had it been provided with evidence of drug taking and drug dealing in the dwelling and its vicinity, a seven-day notice would have been upheld. However, no such evidence was before the tribunal, it said.
 
Nonsense. The burden of proof in a civil matter, such as an eviction, is typically ‘on the balance of probabilities’, whereas in a criminal matter, it’s typically ‘beyond reasonable doubt’. If a drug raid by the Gardai in which THEY FIND DRUGS doesn’t imply a “> 50%” chance of criminality and isn’t grounds for an eviction, we are living in a very strange world.
 
DannyBoyD said:
No documentary evidence was provided which stated this.
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So what?

The Gardai confirmed to the landlord’s agent by ‘phone that a raid had taken place and drugs had been found. There’s no suggestion that didn’t happen.

What’s the obsession with documentary evidence?

It’s a crazy decision.
 

The tenant didn't even have to deny the antisocial behaviour. If he had argued that it was a case of mistaken identity and that the Gardai had apologised and he was taking a case to the Garda Ombudsman, then he should not have been evicted.
 
Property owner / agent was at fault here.

They did not have anything to back up the allegation.

I'm paraphrasing the final statement, in essence the adjudicator said, if you had evidence I would have upheld the eviction notice.
 
The burden for civil matters (e.g. an eviction, getting sacked, etc) generally isn’t ‘beyond reasonable doubt’, which you seem to be suggesting. You’ve watched too many episodes of Matlock/LA Law/Law & Order. It’s balance of probabilities. If the Gardai raid a rental property AND FIND DRUGS in an area that’s full of families, only a fool would opine that an eviction is in any way inappropriate. In the context of a civil matter, it’s a slamdunk.
 
Hi Danny

If the agent had made an accusation which the tenant had flatly denied, then the eviction would have been wrong unless the agent provided evidence.

But he has not denied it, which to most people, would mean that he confirms it.

Brendan
 
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