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THE PRIVATE RESIDENTIAL TENANCIES BOARD
Here are three recent judgments made by the Private Residential
Tenancies Board
Please ensure that when giving notice, everything is carried
out according to the Residential Tenancies Act 2004.
Here are summaries of the three judgments:
1. In the matter of Sven and Anne Luckenbill (Applicants)
and Tom Cross (Respondent), the P.R.T.B. determines as follows:
a. There was an illegal eviction by the Respondent of the
Applicants from their private rented dwelling at 47 Old Mill
Race, Athgarvan, Newbridge, Co. Kildare on 26th January 2005
contrary to the provisions of the Residential Tenancies Act
2004.
b. The applicants are awarded the sum of eur8,500.00, being
expenses, vouched and unvouched, arising from their living,
rental and domestic necessities during the period from January
26th 2005 to March 30th 2005. This amount is to be reduced
by eur2,500.00 in respect of rent due and owing from the Applicants
to the Respondent arising from the tenancy agreement between
them.
c. Anne Luckenbill, the Applicant wife, is awarded damages
of eur8,000.00 in respect of the discomfort, emotional distress,
upset and trauma that she sustained as a consequence of the
Respondent unlawfully locking her out of her home on January
26th 2005.
d. The Respondent is therefore ordered to pay the Applicants
the net sum of eur14,000.00 within one month of the date of
making this order.
e. In accordance with the schedule agreed at the Tribunal
hearing, the agreement arrived at between the Respondent and
Applicants in respect of the Applicant's furniture, personal
effects, and domestic items held in storage by the Respondent
together with other personal belongings and domestic appliances
still held at the above mentioned dwelling is to be given
effect, without complication or expense to the Applicants,
so as to enable the collection and removal of the Applicant's
property from storage and from the above mentioned dwelling.
This order was made by the Private Residential Tenancies
Board on April 26th 2005
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2. In the matter of Brona O'Neill (Applicant) and Shane Doyle
(Respondent) the P.R.T.B. determines as follows:
a. A valid Notice of Termination of Tenancy in respect of
the dwelling at Apartment 1, 38 Francis Street, Dublin 8 was
served by the Applicant.
b. The Respondent is directed to vacate and deliver up possession
of the above mentioned dwelling within 5 days of the date
of issuing this Order and all persons having knowledge of
the making of this Determination Order are similarily directed
to vacate the dwelling. In the event that any persons are
in occupancy of the dwelling on the basis of a sub-tenancy,
such persons are also directed to vacate the dwelling.
c. The Respondent shall forthwith pay to the Applicant the
sum of eur780.00 per month in respect of his occupation of
the above mentioned dwelling for the period from October 15th
2004 to May 11th 2005 or the date of recovery of possession,
whichever is later.
This Order was made by the Private Residential Tenancies
Board on May 6th 2005.
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3. In the matter of Isuf Zalli (Applicant) and Mrs. Elizabeth
Doherty (Respondent), the P.R.T.B. determines as follows:
a. The Respondent was in breach of the terms of the letting
agreement entered into on April 22nd 2004 by the parties in
respect of premises at 29 Chelsea Gardens, Clontarf, Dublin
3, and the termination of the tenancy on February 25th 2005
was unlawful.
b. The Applicant is to be allowed to continue to reside in
the above mentioned premises in accordance with the terms
of the agreement entered into on April 22nd 2004.
c. The Respondent is ordered to pay the Applicant within
14 days of the date of making this Order, damages in the amount
of eur2,500.00 in compensation for the distress and inconvenience
suffered by the Applicant and his family on foot of the actions
of the Respondent and her agents.
This Order was made by the Private Residential Tenancies
Board on April 26th 2005
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