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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
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.”
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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.”