A tenant who alleged she saw her landlord “peering” through her window at night has been awarded damages by a Residential Tenancies Board tribunal.
Tenant Michaela Reape had been renting a property at Bachelors Walk in Ballina, Co Mayo, from landlord Marcus O’Hara since July 2020. She vacated it following the incident last February.
She told the tribunal how she was watching television at night on February 3rd when she saw an unknown male figure outside the windows “peering within”.
Ms Reape further alleged Mr O’Hara was in possession of a suitcase and conducted himself in a manner she deemed “inappropriate”.
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The tenant had previously received a notice of termination from the landlord in October last year, saying he required the property for his own use.
Ms Reape reported the incident to gardaí, she said, although two nights later she was informed by a friend living nearby that the landlord had allegedly returned at about 9pm, saying he was there to “repair the boiler”.
She alleged before the tribunal that gardaí subsequently issued him a warning for trespassing. Ms Reape said she remained on the upper floor of the home to avoid Mr O’Hara afterwards. She left about three weeks later.
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Ms Reape was awarded further damages after the tribunal heard the heating system remained broken for more than two years, depriving her of “basic and essential warmth”.
The tenant said she had no means of heating her home other than a coal fire downstairs, saying the property was so cold she was “compelled to remain solely in the livingroom” until the incident in February.
The use of the fire affected her lungs, she said, saying she required hospital treatment, but she could not attend for admission as she would be “unable to work and pay rent”.
She alleged the letting agency was aware of the issues, but no repairs were carried out.
Ms Reape said she paid €19,000 in rent over the years and was seeking compensation for medical and counselling expenses incurred as a result of the “physical and psychological toll caused by the landlord’s conduct and the uninhabitable condition of the premises”.
The tribunal noted the conditions persisted despite Ms Reape’s repeated complaints and led to “serious adverse health consequences, including documented respiratory issues”.
It awarded Ms Reape €1,000 in damages, reflecting the “seriousness, duration, and impact of the landlord’s noncompliance of the tenant’s health, wellbeing and quiet enjoyment of the dwelling”.
The tribunal accepted the tenant’s accounts concerning Mr O’Hara’s attendance at the property at night as “credible and consistent” and it said the landlord, who did not attend the hearing, did not contest any of her evidence or claims.
It said the incident constituted an unlawful intrusion into Ms Reape’s enjoyment of the dwelling and caused “distress and anxiety”, before awarding her a further €1,000 in damages.
