The High Court has barred Terry Rowland and Margaret Rowland from interfering with Reginald Carroll’s possession of his rented home or trying to re-enter it while his statutory appeal is pending.
Mr Justice Garrett Simons granted Mr Carroll an interlocutory injunction on 3 September 2021. He refused the landlords’ rival application to set aside an interim order made on 25 August. The injunction remains in force until the appeal is determined or the court makes a further order. Mr Carroll must give an affidavit undertaking to pay for physical harm to the dwelling, furniture or fittings caused before the appeal is decided. The undertaking does not cover financial loss arising solely because the landlords lack possession.
The dispute concerns a Part 4 tenancy entered into in March 2020. The landlords served a termination notice alleging, among other grounds, anti-social behaviour. In June 2021, the Tenancy Tribunal rejected Mr Carroll’s challenge to the notice and found that he had engaged in anti-social behaviour, including making threats against the landlords. The Board issued its determination order on 4 August. Mr Carroll appealed to the High Court within the 21-day time limit.
Mr Carroll said he returned from work on 24 August to find the landlords had changed the locks. Terry Rowland said he believed the dwelling had been vacated, although he knew the previous day that Mr Carroll had appealed. The parties made opposing allegations of threats and assault during an altercation that evening. The judgment does not resolve those allegations.
The court’s earlier interim order required Mr Rowland to leave the property and return the keys. After he did not comply, Hunt J. ordered Garda assistance to enforce it. On 30 August, the landlords’ counsel acknowledged there was no lawful excuse for the failure to comply, and said possession would be returned that afternoon.
The landlords argued that the appeal was irregular and unlikely to succeed, and that they should be allowed to protect their property. The judge held that the appeal’s merits were not at issue on the injunction application. Under sections 86 and 123 of the Residential Tenancies Act 2004, a tenancy cannot be terminated while a timely statutory appeal remains unresolved. The landlords could seek to have the appeal dismissed through a separate preliminary application.
The landlords also alleged damage and poor conditions, estimating repair and clean-up costs at €15,000. The judge found the evidence did not show a risk of significant further damage while Mr Carroll remained temporarily in the home. The respondents were directed to file their appeal responses by 1 October 2021. The landlords had liberty to seek dismissal of the appeal, with any such motion listed for 4 October.