RTB: Evicting a tenant after a Garda drug raid not justified

[Brendan Burgess]

Seven-day eviction notice for tenant after drugs raid was not justified, RTB tribunal rules

Notice of termination for antisocial behaviour was ‘a draconian measure’ and would render the tenant homeless, the tribunal said

www.irishtimes.com

The agent said “the Garda had confirmed during a subsequent phone call with him that the raid was to look for narcotics and that narcotics were found”, the tribunal report said.

“As a result of this, the landlord issued a seven-day notice to the tenant to vacate the dwelling. [The agent said] there were 40 different families living in the apartments and that the landlord had a duty of care to these families.”

...
The tribunal said seven-day notices were reserved for the most serious of matters, and it was not satisfied the Garda raid warranted the service of the notice.

“For the benefit of the parties the tribunal draws attention to the fact that there is a difference between ongoing antisocial behaviours and ones warranting a seven-day notice,” the report said.


“In the former case a warning notice must first be served, and if the matter continues and/or reoccurs a notice may then be served. Such a notice must also give 28 days’ notice of termination of the tenancy.”

A notice of termination for antisocial behaviour was “a draconian measure”, the tribunal said. “If it was upheld in this case, the tenant would be rendered homeless.”

 

[Gordon Gekko]

“reserved for the most serious of matters”

So the Gardai doing a successful drugs raid of the place must be a light and breezy matter…

No wonder landlords continue to head for the hills. Unbelievable stuff. The scumbags in question should be homeless. The property should be occupied by decent, law abiding citizens.

A disgrace.

 

[DannyBoyD]

successful drugs raid

Yes there was a raid, but as of yet no conviction.

If you read the entire ruling, its clear that no other evidence was submitted.

Whilst I have some sympathy for the property owner, I agree with the ruling.

 

[T McGibney]

Yes there was a raid, but as of yet no conviction.

If you read the entire ruling, its clear that no other evidence was submitted.

Whilst I have some sympathy for the property owner, I agree with the ruling.

The agent said “the Garda had confirmed during a subsequent phone call with him that the raid was to look for narcotics and that narcotics were found”, the tribunal report said.

 

[DannyBoyD]

Again - as of yet, there was no conviction.

The rule of law applies in this country.

"The agent said the criminal case against the tenant has not been concluded. He did not produce evidence to support his claim about other acts of antisocial behaviour."
The only evidence from An Garda Síochána was a letter saying a search had taken place and was recorded on the Pulse system.

The tribunal said drug dealing was a criminal offence, and had it been provided with evidence of drug taking and drug dealing in the dwelling and its vicinity, a seven-day notice would have been upheld. However, no such evidence was before the tribunal, it said.

 

[gianni]

Ruling seems fair enough to me too. No evidence of a criminal offence was provided. It's a logical decision.

 

[Gordon Gekko]

Nonsense. The burden of proof in a civil matter, such as an eviction, is typically ‘on the balance of probabilities’, whereas in a criminal matter, it’s typically ‘beyond reasonable doubt’. If a drug raid by the Gardai in which THEY FIND DRUGS doesn’t imply a “> 50%” chance of criminality and isn’t grounds for an eviction, we are living in a very strange world.

 

[torblednam]

Yes there was a raid, but as of yet no conviction.

If you read the entire ruling, its clear that no other evidence was submitted.

Whilst I have some sympathy for the property owner, I agree with the ruling.

Following this line of reasoning, if Jeffrey Dahmer was the tenant, the landlord couldn't evict until after his criminal trial had concluded...

 

[MrEarl]

We've got some serious flaws with the law in this country, and no apparent interest in putting things right.