The owner of an apartment in Co Laois, who claimed he was spat at and assaulted by the tenant of another apartment in the complex, has failed in his attempt to have the tenant’s landlord sanctioned by the Residential Tenancies Board (RTB).
Lucian Bozdog alleged he was spat upon and assaulted, both physically and verbally, by the tenant at The Birches, Kilnacourt Woods, Portalington.
Mr Bozdog took a third-party action against the tenant’s landlord, Brigid Houlihan, claiming she had failed in her duty to address the tenant’s alleged antisocial behaviour.
Mr Bozdog told the RTB tribunal that he experienced significant issues with his neighbour before the alleged assault on February 10th, 2025. As a result of the incident, he had to attend hospital, he said.
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He said the incident was reported to the managing agent of the complex and the Garda.
Mr Bozdog said the alleged problem with Ms Houlihan’s tenant began in 2023, when the tenant arrived.
Mr Bozdog contended that such conduct amounts to unacceptable and antisocial behaviour and constitutes a breach of tenant obligations under the Residential Tenancies Acts. He said residents are entitled to live in peace without being threatened or assaulted and Ms Houlihan, as the tenant’s landlord, should have taken action.
He also alleged that the management company and the tenant are connected and that the management company did not provide him with the landlord’s contact information.
Mr Bozdog said that he has never had any interaction with Ms Houlihan.
Mr Bozdog’s wife, Loredana Bozdog, gave evidence the couple remain concerned about being followed, that the tenant spits and curses at them, and that he is verbally aggressive. She said that although gardaí told the tenant to stay away, he continues to verbally abuse them.
She said they want the tribunal to ensure that the tenant does not involve himself with their family, that they will continue to try to stay away from him, and that he should not interact with them. They said they do not want conflict, but that he is aggressive and abusive to others, not just to them.
In its determination, the tribunal noted “the detailed submissions” of Mr and Mrs Bozdog.
The tribunal also noted Section 15 of the Residential Tenancies Acts imposes on a landlord the duty to enforce a tenant’s obligations toward “each person who could be potentially affected” by a tenant’s actions.
“However,” the tribunal determined, “the statutory duty presupposes that the landlord is, or ought reasonably to be, aware of the tenant’s conduct giving rise to the breach.”
Having considered all of the evidence, the tribunal found the Bozdogs did not provide evidence that they had informed the landlord of their complaints before they lodged their dispute.
Therefore, it said it “cannot conclude that the landlord was in breach of her obligations under the Act.
The tribunal ruled the application from the Bozdogs was not upheld. The tenant was not named.
