A woman who left her rented home with her children after five masked men allegedly arrived outside and threatened her is seeking enforcement of a €4,500 damages order made by the Residential Tenancies Board (RTB) against her landlord over unlawful eviction.
In separate criminal proceedings at Waterford District Court on March 24th, the landlord, John Guiry (50), of Ballygarron, Kilmeaden, Co Waterford, received a four-month sentence on a charge of intimidation of the woman at Larchville, Waterford. The charge related to an incident on May 2nd, 2024, in which she was compelled to do an act that she had a legal right not to do, contrary to section 9 of the Non-Fatal Offences Against the Person Act.
Mr Guiry’s son, John Frampton (28), also of Ballygarron, Kilmeaden, received an eight-month sentence on a charge of making an unwarranted demand, with menaces, of the woman to immediately vacate her family home contrary to section 17, as amended, of the Criminal Justice (Public Order) Act. Both men, who had admitted the offences at an earlier hearing, have appealed the outcome.
The woman, her 17-year-old daughter and adult son had lived at the Larchville property for 13 years without any tenancy issues and are now in emergency accommodation.
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On April 23rd, 2024, the woman sought support from Focus Ireland and Threshold after receiving a notice of termination from the landlord on grounds of selling the property. Having been advised the notice was invalid, she informed him the available pathway to address the matter was the overholding dispute process.
She said he disputed invalidity. The woman claimed he told her he wanted her gone by May 5th, 2024, or he would be “sending people” to the property.
She lodged a dispute with the RTB. Ailish Browne, a team leader with Focus Ireland who was assisting the woman, called the landlord, advising him of legal repercussions of an illegal eviction.
His indication that he intended to proceed was flagged with the local homeless service, which said it had no emergency accommodation available for families at that time. It advised that they stay with family or friends, but that option was not available to the woman.
The woman contacted gardaí on May 1st, 2024, referencing the Garda Repossessions and Evictions Policy Document and the Prohibition of Forcible Entry and Occupation Act. Gardaí took statements and advised her to call if an incident occurred over the weekend.
Ms Browne said the woman called her the following day in a “highly distressed” state, telling her five masked men came to the house dressed in black and threatened her through her sitting room window, with one shouting at her to leave the house or they would “kill you and all in it”.
She instructed the woman to call 999, gardaí came and an investigation began, which led to the District Court prosecution of Mr Guiry and Mr Frampton.
On foot of an official Garda letter stating a “threat to kill” was made against the woman and her family, they were allocated emergency accommodation on May 10th, 2024.
The woman said she felt unable to remain in the house due to the traumatic nature of the incident, while her daughter’s mental health was severely impacted as she was at home when it happened.
An RTB hearing on July 5th, 2024, where the woman was represented under pro bono schemes by barrister Eamon Power, instructed by solicitors Arthur Cox, resulted in a decision of unlawful eviction.
The landlord did not dispute invalidity of the termination notice, but he told the adjudication officer (AO) he knew nothing about threats to the woman because he was out running at the time.
The AO accepted an event happened that caused the woman to leave the property and noted a Garda investigation was then underway. He said the landlord claimed that because the woman remained in the house until May 10th, this showed she was exaggerating the impact. The woman said she stayed there because she had nowhere to go.
The AO, who found both the woman and the landlord to be “reasonably credible” in their oral evidence, considered that her staying on tended to suggest the level of fear she expressed was exaggerated.
The AO decided €4,500 – equivalent to six months’ rent – was reasonable to cover the damage caused to the woman. When that was not paid within the 21 days required, she applied to the RTB for enforcement. That matter will be heard later this year.
