The High Court has rejected an appeal by Grigore and Vera Munteanu against a Tenancy Tribunal determination requiring them to leave a dwelling in West Tallaght. The appeal was limited to points of law. The court said the couple had identified no basis on which it could set aside the determination.
Mr Justice Eagar delivered judgment on 28 June 2016. The Tribunal had found a notice of termination valid and ordered the tenants to give up possession within 28 days of the determination order, issued on 24 November 2015. It also directed them to pay any further rent outstanding from 30 October 2015 at €700 a month, and the landlord to return their €625 deposit once it regained vacant possession.
The couple had lived at 33 Horan Hall, Belgard Square, West Tallaght, since 2008, according to the judgment. Their landlord’s receiver had appointed Aramark Property as agent. The agent served the notice of termination on 23 February 2015, with the tenancy due to end on 15 June.
The judgment records that Grigore Munteanu had suffered a stroke in January 2015. Vera Munteanu told the Tribunal that she was caring for her husband and sought more time to move. The Tribunal reheard the dispute after the tenants appealed an adjudicator’s decision. At that hearing, Vera Munteanu said they wanted to remain until February 2016. The Tribunal nevertheless upheld the notice and made the possession order.
The tenants’ High Court appeal raised three grounds: an alleged mistake in deciding the overholding dispute; an alleged unfair procedure involving the exclusion of substantial evidence and deprivation of housing interests; and a claim that the Tribunal’s decision was late because it was communicated to the Residential Tenancies Board 17 days after the hearing, rather than 14.
Justice Eagar found no point of law in the first ground. On the procedural complaint, he said the challenge had not been brought by judicial review and that the Tribunal had considered Vera Munteanu’s concerns about her husband’s health and her caring difficulties. He also found no statutory time limit requiring the Tribunal to communicate its decision to the Board within 14 days.
The court noted that the tenants were still in occupation when judgment was delivered, although they had said they needed to stay until February. Justice Eagar expressed sympathy over Grigore Munteanu’s health but rejected the appeal. The Tribunal’s determination therefore remained in place.