No conviction for west Cork landlord who took away tenants car, dug a big hole and buried it.

You didn't say I'll sort ye out when I get back from my hols did you?

@Boggles

On what grounds has the District Court erred?

as you said :

He determined the Tribunal was not conducted fairly.

whereas :

The RTB tribunal and subsequent appeal has absolutely nothing to do with the District Court.

Agreed. The District Court does not have the jurisdiction to act as a backdoor to appeal or vary a RTB determination. In my view the District Court erred in not granting the Execution Order and the ex-tenant should be awarded full costs of having to take their application for an Execution Order any further than the District Court.

Yeh but in the real world, as your tenant, how you decide how to finance your investment is none of my business, nor should it be any of my business.

It’s still ongoing -,if it succeeds I don’t think anyone would like to have a 40k debt hanging over them

She didn't sort September, that was to be done when she got back from Hols some time in October.

But the answer to the question is, no.

I suspect theres a few landlords posting here trying to paint her as a serial non payer when she was paying on time for 4 years. Stories about some tenants refusing to pay for years but she's late for two months which she pays in full and shes a baddie? Landlord sounds like a real scumbag. Heres the story…

https://www.independent.ie/irish-news/illegally-evicted-mum-had-car-burnt-out-and-belongings-destroyed-and-dumped-in-a-shed/42445378.html

A tenant who was illegally evicted from her rental home had her car burnt
out, all her belongings thrown into a shed and the gardaí had to be
called to the property so her husband’s ashes could be retrieved.

Gabriela Lake, a mother-of-three who had been renting a house in Skibbereen,
west Cork for four years, said the eviction has caused her family severe
stress and anxiety.

Despite being unlawfully evicted more than six months ago, and taking a
successful case with the rental watchdog, Ms Lake has still not been
able to get some of her belongings back, including sentimental items
from her late husband, who passed away suddenly in 2019 on their 30th
wedding anniversary.

Valuable clothes, iPads and jewellery were also damaged. Her former landlord
Colin O’Sullivan has refused access to the property on a number of
occasions since the eviction.

Every summer she travels home to the United States, where she is from, for a
few months and continues to pay rent while away. In July, she texted Mr
O’Sullivan saying her daughter would be making the payments while she
was in the US.

However, she didn’t realise her daughter had forgotten to deposit the rent for
July and August. A close friend tragically died and the rent payments
slipped her mind.

On September 6, the landlord sent a text saying: “You would want to start making an effort.

https://www.sundayworld.com/videos/landlord-tells-ex-tenant-hell-return-valuables-if-she-knocks-16000-off-her-rtb-award/a735317043.html

A landlord who illegally evicted a tenant has said he will return her
valuable first-edition books if they will be offset against the €18,500
damages he was ordered to pay by the rental watchdog. Gabriela Lake, who
previously rented a house in Union Hall, Skibbereen, west Cork from
landlord Colin O’Sullivan, has been awarded nearly €40,000 after taking
two cases with the Residential Tenancies Board (RTB) over her
“horrendous” experience. She has yet to receive a penny.

Despite being ordered by the RTB to return all of her belongings, Mr
O’Sullivan insisted that he was “forced to dispose” of everything.
Clothes, iPads, jewellery, furniture and sentimental items from her late
husband were all left in the house. However, in a letter sent through
his solicitors this month, Mr O’Sullivan advised he has now “retrieved”
books that she left on the mantelpiece, estimated to be worth €16,000.
He was ordered by the RTB to pay €18,500 for unlawfully evicting Ms Lake
and her daughter. After claiming all her belongings had been disposed
of, Mr O’Sullivan has now said her books are being held at his
solicitor’s office “on trust”. “Ms Lake gave evidence to the effect that
she had left books on the mantelpiece worth €16,000,” the solicitor’s
letter states. “Mr O’Sullivan has retrieved these books and this office
holds the same on trust, which we trust will be accepted as part payment
of the sum of €18,500.

If he's unlucky they could increase the amount awarded in their determination


They awarded 5 and a half grand for a doggie hotel and 2 worthless scrap vehicles.

Increasing that would be an absolute joke.

Where does it say the cars were just scrap ?

The Judge in the case citied said it had no monetary value.

The RTB generously awarded 500 euro for the Fiat.

Ah yes, the same man who illegally evicted them from this house and took one of their cars to bury it in his field had nothing to do with the car that burned out in the back of the house, after he had evicted the tenants and their belongings.

What a coincidence

As I said, literal thug behaviour

they also have to abide by the laws of the land, which don't allow for illegal evictions and illegal disposal of vehicles.

there are processes to deal with both situations.

having to pay a mortgage does not get you out of your other responsibilities.

It grew into this

He had me pay rent to an account in the UK. In June I texted him letting him know I’d be leaving for the summer and my daughter who lives in London would deposit July and August before she left in early July (rent was due on the 9th) and I’d take care of Sep on my return. We were in contact throughout the summer as I was refurbishing an Airbnb and he’s a contractor. Not once did he mention rent not being paid and just kept asking for a Carrhart jacket. Sept 6th he texted saying he’d not received rent and on the 7th that he was moving back in. I saw the WhatsApp on Friday the 9th and immediately replied, apologize and explained what had happened and paid rent Monday, including September since I was delaying my return by a few weeks.