Residential Tenancies Board: Uncle Ordered to Pay for Unlawful Eviction

A Dublin man has been ordered to pay €500 in damages after the Residential Tenancies Board ruled he unlawfully terminated his nephew's tenancy. The tribunal decision, published on Friday, resolves a dispute between Gerard Phelan and Brian O'Rourke over the legal status of their living arrangement in Swords, north Dublin.

Phelan allowed O'Rourke to move into his family home in September 2021. At the time, Phelan stated his nephew was facing homelessness. He described the setup as a temporary family arrangement rather than a formal tenancy. Phelan told the tribunal that O'Rourke never paid rent or utility bills. He also noted that O'Rourke did not perform the gardening duties he had agreed to handle, citing the younger man's hay fever.

O'Rourke contested this view, arguing that a tenancy existed. He pointed to a spreadsheet from his uncle detailing rent arrears and utility bills. The document indicated a monthly rent of €1,100. O'Rourke stated he had requested a formal lease, which was never provided. He also claimed he had paid €1,000 in cash in September 2021, though he lacked bank records to verify the transaction.

The dispute escalated in October 2022, approximately one year after O'Rourke moved in. Phelan told the tribunal that the trust between them had broken down. He changed the locks on the property and placed O'Rourke's belongings into bags on October 1, 2022. An email sent by Phelan to O'Rourke argued that no notice was required for the departure because it was a rent-a-room situation. O'Rourke lodged his dispute with the RTB based on this termination.

The tribunal found that a tenancy was in place. It concluded that Phelan fundamentally misunderstood the terms of the rent-a-room scheme. The panel determined that rent was set at approximately €1,100 per month. On the balance of probabilities, the tribunal found that O'Rourke never paid any rent. It also noted that O'Rourke lived in the home rent-free for about 11 months and did not contribute to utility bills.

The panel ruled the termination was unlawful. In assessing damages, the tribunal acknowledged that Phelan genuinely believed he was entering a family or rent-a-room agreement. It deemed €500 an appropriate award for the unlawful termination. Phelan is ordered to pay the sum within 28 days of the decision.

Phelan had also informed the tribunal that O'Rourke's father provided him with a payment of €5,000. The tribunal considered this context while evaluating the final damages figure for the case.