Landlord who evicted family-of-seven so his daughter could ‘move in' ordered to pay €15k damages
She told a Residential Tenancies Board (RTB) tribunal hearing that there were some issues throughout the tenancy. Ms Friel previously took a separate RTB case against Mr Breslin, where she was awarded €3,400 due to the 'overpayment of taxes and charges'.
Another dispute arose when Ms Friel was issued with a notice of termination in October 2022, a few days before an eviction ban was introduced by the Government. This ban lasted between October 30 and March 31.
Mr Breslin said the grounds for the notice of termination was that he wanted the house for his daughter. The notice gave the tenants until May 12, 2023 to move out.
They struggled to find alternative accommodation and asked the landlord if they could have more time.
Ms Friel alleged that the landlord 'began to engage in intimidating behaviour, such as blocking her car on the road', calling her on the phone without saying anything, and threatening them with legal action.
She tried to source rental accommodation through the local authority, but this was unsuccessful.
In November 2023, Ms Friel and her family left the property. They spent around €35,000 buying two mobile homes after 'draining' their savings and securing credit union loans.
When she moved out, Mr Breslin claimed there were issues with receiving the Housing Assistant Payment (HAP). He stated he would return her deposit of €500 once that was resolved. However, she never received it.
After they vacated the property, Ms Friel alleged there was no evidence anybody else moved into the house. She said the property could be seen from the road and that there were no lights on.
ADVERTISEMENT
Learn more
Ms Friel told the RTB that the landlord 'showed no empathy' towards their situation. She claimed they carried out maintenance and repairs on the garden, but never asked for money. She sought for the return of her deposit and also €15,000 in compensation so she could pay off the loans they took out for the mobile homes.
In his evidence, Mr Breslin said that his daughter worked all over the world and got married in April 2023.
He asked the tribunal why he would expect his daughter to spend €1,500 per month on rent when he had a 'free house to give to her'.
His daughter moved in with some furniture before Christmas 2023 and stayed for about a week after Christmas, before she went travelling.
He said he started to renovate the house but soon after a boiler had burst and that he had been working on the house on-and-off since February 2024. He said that his daughter had not stayed full-time in the house, but came and went for weekends.
He submitted that his daughter had planned to move in in May 2023, but that her plans had had to change because the tenants did not move out until November. His daughter last lived in the house full-time in February 2024. She is now based in Athlone.
When asked by the tribunal if he wanted to re-offer the house to the tenants, he said he did not want to. Mr Breslin said his other daughter was now engaged and he wants to keep the house for his family to use. He told the tribunal he would return the deposit, he thought he had been very fair to the tenants, and that it wasn't his responsibility to house them.
The RTB ruled that the notice of termination was invalid.
The reason given in the notice of termination was that Ms Breslin required the dwelling for her own occupation, expecting to occupy it indefinitely.
In his evidence the landlord stated that his daughter had never occupied the dwelling full-time as her work took her 'all over'.
As Ms Breslin did not attend the hearing, the RTB said she could not give evidence to assist it in determining whether or not her requirement of the dwelling was a bona fide one.
The tribunal said the consequences of the termination of the tenancy 'were profound'.
Ms Friel was awarded €15,000 damages.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Independent
7 hours ago
- Irish Independent
Letters: New garda commissioner Justin Kelly has a big job ahead as he tries to turn force around
While I, like many others, am delighted to see a homegrown member succeed to the highest echelons of the force, Justin Kelly will have his work cut out for him given the myriad problems facing him, including the recently published Crowe report. The dogs on the street know that the present model of policing just doesn't work and has been shown to be more of a hindrance than a help to both the public and to gardaí. Mr Kelly's main tasks will be recruitment and retention of gardaí, and to stem the flow of resignations which has dogged the force these past number of years. While the Government has ramped up its attempts to recruit, the expected increase in numbers hasn't materialised. Morale in the force has been at an all-time low, with many frontline gardaí I've spoken to concerned that the amalgamation of divisions, reduction in districts and closure of smaller stations expose them and the public to unnecessary dangers. The issue of over-discipline and internal oversight will be another factor he will have to contend with. While he may have master's in criminal justice and in serious crime, Mr Kelly will have to master an ingrained and faulty ideology that has caused major friction between the garda associations and the office of commissioner itself. How he will handle all of these issues, while attempting to appease his political overlords and those in the PCSA (Policing and Community Safety Authority), while governing a force in transformation and change, is anyone's guess. What makes him tick, and how will he use his management skills to radically change the narrative and bring together a force that has seen a huge chasm between those at the top and those who risk their lives on our behalf every day? Well, the proof will definitely be in the pudding. Christy Galligan, Letterkenny, Co Donegal Stop sneering – remote working can unlock huge potential of rural Ireland Sinéad Ryan and others in the media appear to be taking great delight in AIB's decision to force staff back to the office three days per week ('AIB wants its staff back to the office more – they should consider themselves lucky', Irish Independent, August 1). As a public servant who worked almost exclusively from home during the pandemic, I have written at length to this newspaper and elected representatives on this topic (all on my own time, I might add). Working from home is not always ideal. While one is sometimes more able to focus on specific tasks, there can also be domestic distractions and it can be isolating too. I will admit there is an increased sense of collegiality and more opportunities for collaboration when working from the office. However, remote working, by its very nature, can be done from a number of different locations. Most effectively, perhaps, from one of the many state-of-the art 'remote hubs' the government spent millions on establishing around the country during Covid and which are now, for the most part, gathering dust. This largely untapped resource could be the key to unlocking a new digital decentralisation. These hubs could effectively become branch offices, allowing people from remote regions to live and work, settle down and start families in their own locality. Negating the need for long commutes or relocation to already congested and expensive urban areas. Breathing new life into rural towns which are currently in decline. If the public sector took the lead on this (it was public money spent on these hubs, after all) others would surely follow. It would sure beat reading endless opinion pieces by mean-spirited columnists gloating about spoiled workers being dragged back to the office by tough, uncompromising, bombastic bosses. Yawn… Paddy Sharkey, Kilcar, Co Donegal Digital divide in literacy poses serious risks to the future of our democracy A century ago, mass literacy helped build liberal democracy; today, its erosion may accelerate its decline. Long-form reading – the kind that trains attention, deep reasoning and tolerance for complexity – is quietly becoming a class-based skill. As smartphones colonise ever more of daily life, this cognitive bifurcation will harden. We already see the outlines: elites paying fees to shield their children from screens, while poorer families navigate algorithm-driven content designed to addict. The result is not just cultural decay but political vulnerability. A distracted electorate, trained on dopamine loops and meme-slop, is less able to scrutinise policy, follow evidence or defend democratic norms. Ireland, with a highly educated population, still young in its republic, would do well to recognise this as a national risk. Literacy was once the route to dignity. If it is allowed to drift into the realm of the privileged, we may soon find that the real digital divide was not access to devices but the ability to think beyond them. Enda Cullen, Tullysaran, Co Armagh Disgusting racist attacks on Indian community do not represent real Ireland The increasing number of physical attacks on members of the Indian community living in Ireland (which have led to the Indian embassy issuing a safety advisory notice) is a cause of growing concern. To think that the Indian constitution was significantly influenced by the Irish Constitution, and in particular the shared provision for government to promote the social and economic welfare of all the people. How the founders of our Constitution must be turning in their graves at today's horrendous racist attacks. Mark Hogan, Wicklow town Gavin's Football Review Committee has been real winner this GAA season After the camogie final next Sunday, the 'hooter' on GAA inter-county season 2025 will sound, leaving only speculation and opinion as to the teams of the year and the players of the season. I have for many weeks now, settled on my team of 2025, namely, the Football Review Committee captained by Jim Gavin. The captain and his team have certainly put in the graft, have stuck to their game plan, with perceptive flexibility as needed, and haven't shirked their essential responsibilities. Thus, they have scored championship-winning goals in the radical reappraisal and rehabilitation of Gaelic football. My only concern now is, that if this team features again next year, football will galvanise itself as 'the new hurling' of the GAA world, an anathema for a Kilkenny man.
Irish Daily Mirror
8 hours ago
- Irish Daily Mirror
Veronica Guerin killer being granted day trips out of prison every few weeks
Veronica Guerin's killer Brian Meehan is being freed from jail every few weeks, we can reveal. Prison sources say the 58-year-old has been let out on temporary day release seven to eight times in recent months. The day trips have been sanctioned by the new Independent Parole Board in a bid to rehabilitate Meehan back into civilian life. It's understood he visits family and friends on each day of freedom and must return to Shelton Abbey Open Prison, Co Wicklow, where he is being detained by 7pm each evening. It is understood he is also looking for a job and would like to work in the gardening/horticultural sector. He is the only man convicted for the murder of journalist Veronica and has served 25 years behind bars. He was given a life sentence in July 1999. Brian Meehan of Stanaway Road in Kimmage being brought to court for his appeal against his conviction for the murder of Veronica Guerin in June 1996 (Image: Collins Photos) Meehan, who is nicknamed The Tosser, drove the motorbike with the hitman Patrick 'Dutchy' Holland as his pillion passenger on the day Veronica was gunned down in June 1996. Holland shot her six times at point blank range as she sat at traffic lights in her car on the Naas dual carriageway. The hit was ordered by John Gilligan and neither he nor Holland were ever convicted of the murder. Holland later died in an English prison while serving a sentence for other offences. The Independent Parole Board has not given Meehan a date for his release yet. However, prison sources expect him to be freed by Christmas as his number of day releases increase. Veronica's heartbroken family are not happy about Meehan getting back out on the streets but privately accept there is very little they can do about it. They have continued to lobby both the Government and the Parole Board to stop it happening. Murdered Irish journalist Veronica Guerin (Image: Photocall Ireland) But while politicians and a Minister for Justice in the past had the power to veto a high-profile criminal being freed, now they can not interfere with the Independent Parole Board's decisions. A Government source said: 'The last thing we want is Brian Meehan being free and back on the streets but there is very little that we can do about it. 'He has done 25 years in jail and only the Independent Parole Board can decide when he gets out. The decision is out of our hands I'm afraid.' Meehan has been ordered not to have any contact with his former boss Gilligan or any other criminals. He now spends most of his days at Shelton Abbey playing golf on the small course at its site. Subscribe to our newsletter for the latest news from the Irish Mirror direct to your inbox: Sign up here.
Irish Examiner
3 days ago
- Irish Examiner
Traffic gardaí 'letting their colleagues down' if they aren't 'doing their jobs', says Tánaiste
Traffic gardaí 'not doing their jobs' and showing 'no interest' are 'letting their colleagues down', Tánaiste Simon Harris has said. It follows Garda Commissioner Drew Harris' comments on a report that found some gardaí showed a "blatant disregard" for roads policing duties while they knew their actions were being reviewed. The Tánaiste said he would like to read the report and said it is 'surprising' that the Government had not seen it. 'Any member of An Garda Siochana who is acting in the way that the commissioner outlined is seriously letting their colleagues down in the first instance, colleagues who work every day to keep us safe,' Mr Harris said. '[They] would absolutely be undermining our road safety efforts. In this country, there are far too many empty seats at far too many kitchen tables.' Mr Harris, who is also defence minister, confirmed that he will meet with Sean Rooney's mother, Natasha, next week. Pte Rooney was killed while on UN peacekeeping duty in Lebanon in December 2022. On Monday, a tribunal sentenced the main defendant in the case, Mohammad Ayyad, to death. He remains at large however. In a statement, Ms Rooney criticised the Irish government and Mr Harris, suggesting he should have spoken to her, and not for her. Mr Harris said he will not comment further until he meets with her next week. 'Natasha is a grieving mother fighting for justice for her son who died while serving with absolute distinction wearing the uniform of Óglaigh na hÉireann,' he said. 'He has my absolute and total respect, as does his family.'
