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

[Greenbook]

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).

And based on the Tribunal report actually published, these tenants seem to spend their time making complaints and demanding that various repairs be made. Between everything, I'm sure the landlord has seen very little rent out of all this and it is still ongoing.

If this was a landlord harassing a tenant with cancer, you could imagine the outcry and the compensation awarded. When the shoe is on the other foot, the Tribunal report gets buried.

 

[Bronte]

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.

Tenants were paying rent, there was mention of that in the case where they wanted all rent paid of 25k as compensation. They got awarded 4k. Nothing I’ve read said they had not paid rent. I consider the second landlords to have made fundamental mistakes.

 

[Colin4444]

I consider the second landlords to have made fundamental mistakes.

Seem to be paying big time for those mistakes, as greenbook stated if the shoe was on the other foot it would be a different story

 

[Bronte]

Seem to be paying big time for those mistakes, as greenbook stated if the shoe was on the other foot it would be a different story

Not disagreeing at all. I'm well aware of how difficult it is to get tenants out. Many times I've pointed out that a Determination Order is worthless. To a landlord.

 

[Bronte]

2nd Tenancy summary


My opinion, the landlord did not check the references from the 1st tenancy, but looked into them 9 months in and corresponded with the landlords of the 1st tenancy, this annoyed the tenant. So now the tenant is complaining to the Data Commissions, also taking a complain to the RTB on their handling of things, and managed to engage the council on two separate occasions to do an inspection report.

There were clearly a litany of items wrong in the basement flat, the landlord did not sort it out from the get go, the tenant was meticulous in listing in writing what was wrong, issues were not completed in a timely manner, the tenant seems to have been so obstructive of workmen that issues in some cases could not be addressed, and some of the workmen refused to go into the flat because the tenant was filming them and threatening them with sub-phoenas.

 

[Bronte]

1st Tenancy summary



My opinion: Landlords managed to serve a valid notice and are probably breathing a very big sigh of relief that the tenant is out. The tenant is enraged with the Tribunal Decision because of the way it describes the tenant's actions, clearly the tribunal saw right though the tenant's, the language is very forceful, that tenant has brought the High court case because of this. I assume that is why the Tribunal report and Determination order are not up on the RTB website.

The High court was detailed enough to understands the tenant submits pages and pages of stuff, the judgement is rather tedious, the tenant was given great leeway by the court as he's a lay litigant and his Leave request is granted on 3 grounds. Which I believe means there will be another case. But the landlords are out of it. Thank goodness for them and Mrs. O'Neill in particular.

 

[stormy]

Landlords managed to serve a valid notice and are probably breathing a very big sigh of relief that the tenant is out.

Why do you think the tenant is out? I didn't see that confirmed in the court doc. Wouldn't it be odd for them to leave while at the same time disputing and take a case to the high court (on what seems to be very weak grounds).

 

[Bronte]

Why do you think the tenant is out? I didn't see that confirmed in the court doc. Wouldn't it be odd for them to leave while at the same time disputing and take a case to the high court (on what seems to be very weak grounds).

They are out from the O'Neill's and now are the tenants of the Ferguson's. Since 10 November 2023. (page 10 of RTB Tribunal report.).

The tenants are still there. Top of Page 11 . As of late 2025.

It's all very complicated - I did my best to summarise it. The High court case relates to the first tenancy, but it's not a case against the landlords, it's a case against the RTB.

I would imagine the RTB are driven demented by this tenant, he seems to be in some kind of complaint / procedure/ tribunal with everyone in Dublin ! It would be a full time job to keep up with them.

 

[Greenbook]

There were clearly a litany of items wrong in the basement flat, the landlord did not sort it out from the get go, the tenant was meticulous in listing in writing what was wrong, issues were not completed in a timely manner, the tenant seems to have been so obstructive of workmen that issues in some cases could not be addressed, and some of the workmen refused to go into the flat because the tenant was filming them and threatening them with sub-phoenas.

That sounds odd. There were issues apparently, fair enough. But the landlords' agents appear to have moved quickly enough to get them addressed, but the tenant kept cancelling trademen's appointments and then obstructed the trademen when they did manage to gain entry. It seems very odd behaviour on the tenants' part. In all my time as a landlord, I've had lots of requests for repairs and replacement. I've never seen behaviour like that. I doubt any other landlords on here have either.

There was also the leak that no one could get to the bottom of.

It's all very complicated - I did my best to summarise it. The High court case relates to the first tenancy, but it's not a case against the landlords, it's a case against the RTB.

It is, but it is technically a case against the RTB, I think that if you are appealing to the High Court you can only do that on the basis of a flaw in the RTB Tribunal decision, so that is why the case is against it and the not the landlords.

However, if the RTB loses ultimately in the High Court, then the Tribunal decision is invalid, the NoT is flawed and the landlords will have to compensate the tenants for an illegal eviction. I'd imagine thought that the landlords would likely be happy to do that at this stage if they have the money and get the whole nightmare over with.

I would imagine the RTB are driven demented by this tenant, he seems to be in some kind of complaint / procedure/ tribunal with everyone in Dublin ! It would be a full time job to keep up with them.

The High Court judge did say it all looked like a try on by the tenants. I wonder how many times these tenants have gotten compensation from landlords and/or payments to leave before all this eventually became public via the High Court which doesn't bury decisions unlike the RTB.