Courts / Galway / Report

Woman fails in bid to overturn RTB finding that tenancy was legitimately terminated

Date
2023-05-12

Stage
Finding

Primary locality
Galway

County
Galway

Summary

In a High Court decision on 12 May 2023, Mr Justice Garrett Simons dismissed Regina Fitzpatrick's appeal against a Residential Tenancies Board (RTB) ruling that a Galway landlord, Sinead Brett, could lawfully terminate her tenancy. Fitzpatrick argued that the RTB should not have upheld the termination notice because Brett had later refused to accept rent via Housing Assistance Payment (HAP). The judge noted that Brett's refusal was communicated months after the tenancy had already ended in September 2021, and that the RTB's tribunal had not considered this point of law. Fitzpatrick's appeal was rejected on the basis that it raised a new legal issue not before the RTB tribunal, and her request for a three‑month adjournment on medical grounds was also denied. The case remains at the RTB level, with no further action taken by the High Court.

Who, what, where, when and why

What: Report matter: Woman fails in bid to overturn RTB finding that tenancy was legitimately terminated. Charges or matters: discrimination under the 2000 Equal Status Act. Procedural stage: finding. Findings: Dismissed

When: