Davy Fitzgerald sister loses tenancy appeal over house

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Helen Fitzgerald’s tenancy appeal was dismissed by the Court of Appeal on 2 February 2024, in a dispute over her brother Davy Fitzgerald’s house in Sixmilebridge, Clare.

The appeal concerned whether Helen Fitzgerald was a tenant of the property and whether repossession proceedings should wait for the Residential Tenancies Board to decide that issue. The High Court had ruled that the question of whether a valid tenancy existed rested with the court, not exclusively with the RTB.

Mr Justice Brian O’Moore, giving the Court of Appeal’s decision, said the appeal had no merit and dismissed it. His provisional view was that Pepper Finance Ireland DAC and the receiver were entitled to their costs.