High Court overturns RTB finding that woman was lawfully given notice to leave residence

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Judge rules board erred in concluding Carine Kapihga Iyaba ‘allowed’ alleged anti-social incident to occur

Tenant notices of termination increase to more than 5,700 in second quarter after eviction ban endsWhile that in itself was not a reason for setting aside the RTB’s decision, the judge said the specific facts of this were that she was not liable for, nor could she have reasonably anticipated nor prevented, the incident of anti-social behaviour.

The judge said the matter centred around an incident that occurred on November 21st, 2021, when Ms Iyaba’s eldest son is alleged to have turned up at the property of a neighbouring family in the company of 20 other people. It is claimed that he broke that property’s front door, two windows and damaged the owner’s van, resulting in gardaí being called.

The complainant denied claims that he used bad language or shouted at Ms Iyaba’s parents. He also rejected claims that he had assaulted one of her sons and had aggravated matters by using a stick.Last December, the RTB found the landlord’s decision to issue a notice terminating her tenancy over the incident was valid.

 

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