Won at every level, still no possession nearly three years on. How the system treats accommodation providers.

stormy

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If you want to understand what "winning" looks like for an accommodation provider, read Akram v RTB [2026] IEHC 273.

https://ww2.courts.ie/view/Judgment...-4798-a070-84a0cd59c99c/2026_IEHC_273.pdf/pdf

The landlord served a notice of termination in June 2023. The tenants disputed it. The landlord won at adjudication, then won at the Tenancy Tribunal (three hearing days) on all five points: notice valid, no unlawful termination, no breach of standards, no breach of quiet enjoyment, no penalisation.

The Tribunal did not mince words about the tenants. It found their credibility "called into question on numerous occasions" and their claims - being "afraid for their lives," facing "dangerous landlords" - an "exaggeration of the facts." It noted their demand for compensation escalating from €500 a month to €40,000, plus demands for "sincere and remorseful recorded apologies," and concluded the case "amounted to an opportunistic strike." It found they "referred to themselves as victims until corrected by the Tribunal," and that their repeated "threat of escalation to the RTB" looked like "coercion by the Tenants rather than penalisation by the landlords." When the landlord explained a registration delay had coincided with "two rounds of surgery and chemotherapy," it was "met with a remarkable lack of empathy." The accomodation providers were accused of "mail tampering, harassment at work or other claims of alleged criminal acts". The Tribunal's conclusion: "it is the Landlords who have suffered the most."

The tenant, a litigant in person, then took it to the High Court on judicial review (including an allegation of bias against the Tribunal). The judge threw that out as "wholly misconceived," with no prospect of success, and took the trouble to warn that accusing a decision-maker of bias "goes to the heart of a person's character" and cannot be inferred simply because a ruling went against you. Leave was granted in March 2026 - nearly three years after the original notice - on three narrow procedural grounds only. The substantive hearing is still to come. The tenants remain in the flat throughout.

So: won at adjudication, won at Tribunal on every point, found to be the exaggerated and wronged party by two separate bodies, seriously ill the whole way - and still no possession, still in court defending a result secured long ago. The tenant risks a court fee and keeps the home at every step. Goodness only knows how long more the process will be dragged out by (it's not going to be measured in weeks anyway).

This is the deal the State offers the people it expects to provide housing
 
I know a 2 landlords at about 4 years now trying to get bad tenants out of their properties.
This is what can happen to you now and it can ruin you for the rest of your life. Owning a rental property now has to be considered an extreme risk. I really dont understand how anybody is still willing to take that gamble.
 
All those who said AAM is anti property investment - this is why!
Lives ruined cause of our laws.. why would anyone purposefully put themselves in that position?
 
If only some journalist would get stuck in and investigate in detail the disgraceful way Landlords are treated in Ireland and then take their findings to the Claire Byrne show.
 
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These are the same two tenants again here this time in an RTB Tribunal. I'm not sure whether the landlords are the same as the ones in the High Court case. Again, this shows what landlords are up against.

1. A litany of complaints by the tenants, all fixed by the landlord's agents
2. A mysterious leak no one could trace
3. A forged reference
4. Cancellation of workmen's visit to fix the problems by the tenants at short notice.
5. Intimidation of workmen, many of which refused to return
6. Tenant's complaints not matching with pictures taken by the landlord's agents before the tenants moved in

Yet, despite all this, the tenant was awarded €4,500 down from the €25,000 requested.

This has all the hallmarks of a try on for compensation to me especially when you take into account the current High Court case, yet the tenants won.

Expect more of this as tenants increasingly realise that due to the bias of the RTB, landlords are an easy mark.
 
If only some journalist would get stuck in and investigate in detail the disgraceful way Landlords are treated in Ireland and then take their findings to the Claire Byrne show.
Not going to happen, the evil landlord cliche is too baked in at this stage
 
If only some journalist would get stuck in and investigate in detail the way Landlords are treated in Ireland and then take their findings to the Claire Byrne show.
everything got to do with been a landlord has been pushed out of arms length of government so it would be a waste of a good journalist time,
the only effective voice a landlord has is to take on all political parties and each and every elected member who have the power to change how landlords are treated,
 
These are the same two tenants again here this time in an RTB Tribunal.
There are two different sets of landlords. The Fergusons and the O’Neills. Two different properties. Same tenants.

Separately I watched a Panorama programme on bad tenants in the UK yesterday. About how important it is to vet tenants. How impossible it is to evict and how the recent UK law change will make it worse.
 
There are two different sets of landlords. The Fergusons and the O’Neills. Two different properties. Same tenants.
And here is another one, the O'Neills this time. It's just the determination order, so no details.

They took a case against Akram in the RTB for breach of tenant obligations and lost.

After that, the landlords must have decided to sell to get away from the nightmare tenants, hence the High Court case. That option is no longer there now with the eviction bans under the new rules. You'd be stuck with these tenants.

Vetting is extremely important, but you can still be caught as happened in the earlier tribunal case with a forged reference.

I bet the O'Neills will never touch landlording again.

Separately I watched a Panorama programme on bad tenants in the UK yesterday.
You'd never see an Irish TV programme about bad tenants. They don't exist here, only bad landlords.
 
This case demonstrates how dangerous the new rules have made being a landlord.

If you run into a pair like these two, the RTB won't help you. You'll be stuck with them making your life a misery and costing you a fortune in 'repairs' for 6 years or possibly forever if you are a large landlord. When you try to terminate the tenancy, they'll fight you all the way to the High Court.

These types of tenants are out there and of course they are encouraged by the extreme anti-landlord sentiment in the country.
 
And here is another one, the O'Neills this time. It's just the determination order, so no details.
I've read the High Court Judgment, the 2 determination orders, the Tribunal report. There is a missing Tribunal report. which relates to the O'Neill's and which is not on the RTB website.

The High Court Judgement is not about the landlord, it's about the tenant against the RTB because of what the RTB Tribunal decided in the O'Neill case. The High Court has granted the tenant the right to his Leave Application. Based on 3 grounds from the RTB's tribunal decision.

This is my view as a lay person, the tenant, with no legal aid or the appointment of legal people, is allowed to contest the RTB Tribunal Decision, so Judicial Review Proceedings may now proceed to quash the RTB's decision.

- Good.

- More costs to the tax payer.

- More egg on face to RTB.

- More sunlight on the entire mess that is this legal quagmire.

Please note I have made no comment on either of the landlord's cases. But this I will say, I'm happy for the O'Neill's, party notices, without being named, I'm especially glad for Mrs O'N. I'm glad the Ferguson's know what they are dealing with. They did themselves no favors though. But I do appreciate that they help landlords like me and all of us, to know how to proceed.

An analysis of what happened with the Ferguson's I'm drafting and will summarise on here.

My view from it's existence is the RTB is not fit for purpose. Ironically it's an unsavory tenant who has the financial clout (zero, which is all you need in Ireland) to get a free hearing in the Four Goldmines.

(once again, this is my opinion, not a statement of facts)
 
Its good that you get the names of the tenants involved here. Unfortunate for anyone with the same name though.
 
This is my view as a lay person, the tenant, with no legal aid or the appointment of legal people, is allowed to contest the RTB Tribunal Decision, so Judicial Review Proceedings may now proceed to quash the RTB's decision. - Good

I can't see myself why this is good. Based on the High Court case, the landlords, one of whom had cancer, seem to have had an awful time with these tenants and seeing this is all about an NoT now just want to sell and leave the PRS entirely.

If the RTB loses in the High Court, I'd assume the landlords will have to start the whole process all over again and the tenant's will challenge everything all over again.

The landlords have had to hire an barrister and what looks like an expensive firm of solicitors. They'll have to keep paying these expensive professional for a second jaunt through the two RTB Tribunals and a fresh set of High Court hearings.

It sounds like an absolute nightmare.

Also if the new rules applied to this tenancy, if the tenants manage to knock out the NoT at year 6, they are in (and angry) for another 6 years. It'll be in every tenant's interest to challenge the year 6 NoT. The landlord can't just issue another one like he can now.
 
I've read the High Court Judgment, the 2 determination orders, the Tribunal report. There is a missing Tribunal report. which relates to the O'Neill's and which is not on the RTB website.

Worth pinning down for anyone following: two separate tenancies, two separate landlords, one pair of tenants. The O'Neills (the Ballsbridge flat) are the ones in the High Court case in my OP. The Fergusons (Monkstown) are the s.12(1)(b) repair case. Different properties, different facts.

The two cases are not the same animal and we shouldn't merge them. The O'Neill/High Court case is the genuine grievance in my OP - landlord won at adjudication and Tribunal on every point, found to be the wronged party, still no possession three years on. That stands.


Its good that you get the names of the tenants involved here. Unfortunate for anyone with the same name though.
Unfortunately this is not quite correct. This O'Neill case has not been published on the RTBs website at all despite the tribunal determination being made on 7 Feb 2025. The names only surfaced publicly through the High Court judgment, more than a year after the Tribunals determination. The tenants names, as it relates to the case in my OP, are still not on the RTB website.

All that is on the RTBs website relating to this tenancy is a separate case where it was not upheld that the tenants were in breach of their obligations.

Based on this, accommodation providers now need to also check the courts website when vetting tenants as clearly the RTB reports register is not comprehensive.

But even at that, between the RTB tribunal report in Feb25 and the High Court report over a year later, it was not possible at all to vet these tenants in this case!


I'm glad the Ferguson's know what they are dealing with. They did themselves no favors though. But I do appreciate that they help landlords like me and all of us,
Unfortunately, this case did not help the Ferguson's at all. It only became public via the Court report after their case was decided. The case in my OP is still not available on the RTB website.

I can't see myself why this is good
Me neither. Absolute nightmare for those accommodation providers, still ongoing.


More sunlight on the entire mess that is this legal quagmire
What sunlight is shone on it? None of this stuff is ever picked up on national media. I doubt many legal professionals are even aware of cases like this. AAM is great, but it's not quite the same as the front page of the Irish Times.
 
I haven't read any of the above links but are the tenants not paying rent during all this time ? If the second case gave a 4.5k pay out surely they were paying some rent.
 
I haven't read any of the above links but are the tenants not paying rent during all this time ?
We don't know. The RTB have not published the tribunal report (even though issued in February last year). That might contain such information.

Either way, this isn't a story about a tenant not paying. The landlord here won at adjudication, won at the Tribunal on all five points, was found to be the party who suffered most, and three years on still has no possession and no end date. They're locked into a tenancy they lawfully terminated, on a rent capped at the lower of 2% or inflation (dubiously calculated), possibly significantly under market rent, unable to sell or exit, and now joined as notice parties to a High Court challenge to a result they already secured. All the while they need to continue to uphold all their duties and legal responsibilities to the tenant (paying or not) and bear in mind they might still be seriously ill (they've undergone several rounds of surgery and chemotherapy).
 
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