Brendan Burgess
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Artist's marathon battle to avoid eviction now in sixth year (and it's due back before court in autumn)
Kenneth Donfield is taking court action to stop him from being evicted from his residence, which is now owned by Waters.
www.thejournal.ie
This is a complex story, but I think that this is the chronology
May 2018 Eviction notice served by former landlord Shields as he was selling the property
Property sold to Rathdrinagh Ltd
Shields applies to RTB for adjudication
RTB ruled in tenant's favour
Ruling appealed by landlord
November 2020 RTB found that notice of termination was valid and tenant directed to vacate within 35 days of the expiry of ban on evictions.
31 March 2023 (?) Eviction ban expires - but tenants refuses to leave
March 2023 District Court gave ruling to enforce termination order - with 6 month stay on order.
Tenant appealed to Circuit Court within 14 days
Tenant failed to file affidavit in time, so appeal struck out
Tenant then applied for extension to appeal the decision
September 2023 6 month stay expires and Landlord sought to enforce order.
Tenant applies for an urgent hearing to hear the appeal.
No Circuit Judge available
Tenant applies to High Court and gets injunction to prevent enforcement of termination order.
July 2024 Circuit Court dismisses appeal and confirms the order.
1 August 2024 Tenant applies to High Court to appeal the Circuit Court ruling
Lalor (barrister for landlord) stated his client’s position that the “substantive RTB determination cannot be appealed”, and that the only thing that Donfield could plausibly appeal for judgement “is not to grant leave to extend time for filing of appeal”.
Judge Cregan then explained to Donfield (tenant) that he must submit the appeal as a lay applicant.
“You lost in the District Court, and in normal circumstances, you would appeal to the Circuit Court. But because your appeal is out of time, you have to appeal to the Circuit Court for an extension of time in which to appeal, and you lost that application,” the judge said.
“Your appeal to the Circuit Court is only an appeal against the refusal to extend time to appeal. In substance, by refusing you an extension of time to appeal, they have refused to appeal.
“In filing your notice of appeal, you may have to appeal the order of the Circuit Court refusing you an extension of time and the order refusing the appeal.”
Responding, Donfield said he was hoping, with the judge’s permission, to appeal the case and allow it to be heard “in its totality”.
Judge put the case in for mention in the High Court in October - injunction to remain in place until then.