JUDGE James McNulty has adjourned a case involving the Residential Tenancies Board and has requested the attendance of both the tenant and the landlord at the next sitting.
Solicitor Michelle Nunan appeared at Skibbereen District Court to apply for a district court order against the landlord Colin O’Sullivan of Carrigillihy of Union Hall, Skibbereen, and of Ballycahane, Castlehaven, which would direct the landlord to comply with the findings of the Residential Tenancies Board (RTB).
The solicitor said the RTB, and its appeals tribunal, found the tenancy agreement that had been entered into by both McKenzie Lake and Gabriela Lake was unlawfully terminated by the landlord Colin O’Sullivan.
The solicitor, who is acting for the tenants, said that the landlord had also been instructed to pay McKenzie and Gabriela Lake the sum of €18,500.
Ms Nunan explained that the figure includes €12,000 for damages for the unlawful terminations; €1,000 for the unjustifiably retained security deposit; €3,500 for the cost of kennelling dogs; and €2,000 the value of the tenants’ cars.
The RTB also directed that the appellant landlord was to return all personal items and furniture listed in the case file.
The terms of a determination order – which was dated March 22nd 2023 but was issued on June 6th – were made in respect of the tenancy of a premises at Carrigillihy, Union Hall.
According to Michelle Nunan, the RTB’s decision is binding and she referred to legal precedent, which states that ‘the district court shall make an order if the respondent has failed to comply with the terms.’
Judge McNulty noted that it was the first day in the list, but the solicitor said these matters would normally be dealt with on the first day in the list. Ms Nunan said the district court does not have a discretion in the case.
‘The court might want to look at everything in the round,’ the judge responded. But Ms Nunan said: ‘The district court does not have to open all of the issues again because these have been dealt with twice.’
‘The district court is being asked to rubber-stamp the Residential Tenancies Board’s decision,’ said Judge McNulty, who indicated that it would be his preference to hear from both the tenant and the landlord.
‘There is an enormous history here,’ he stated after he adjourned the matter to the January 23rd sitting of Skibbereen District Court. Ms Nunan said one of the tenants is in the US but has plans to return and the judge indicated that he wished to hear her.
As for the landlord, Ms Nunan said two attempts had been made to serve the order on him by registered post, but they were returned ‘not called for’ despite the fact that one of them had been opened.
The judge asked that the proceedings be served personally on the landlord.
If he doesn’t appear, the judge said the court might issue a warrant for his arrest.
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