The High Court has dismissed an appeal by a County Kildare tenant over an RTB finding that she had brought her rent dispute against the wrong landlords.
Lucy Friedman rented the Gate Lodge at Brownstown Stud Farm from late 2020. Her tenancy agreement described the landlord as “Mr. & Mrs. G. Draper”, while Gillian and Robert Draper signed in the spaces provided for landlords. Gillian Draper was also listed as the point of contact.
However, the agreement directed rent to an account in the name of “Mr. G.H. Draper” in Sligo. Evidence before the Residential Tenancies Tribunal established that the account belonged to George Draper. Property records also identified George and Vivien Draper as registered owners, while a 2014 power of attorney authorised Gillian Draper to manage the property on their behalf.
The dispute referred by Ms Friedman in December 2022 concerned rent reviews and whether the tenancy had complied with rent pressure zone requirements. An RTB adjudicator initially treated Gillian and Robert Draper as landlords and awarded Ms Friedman €14,000, including rent repayment and damages, while reducing the rent to €1,500 per month.
On appeal, the Tribunal reversed that result. It found George and Vivien Draper were the landlords under the statutory definition because they were entitled to receive the rent, while Gillian acted as agent. As the dispute had named Gillian and Robert Draper instead, the Tribunal held it lacked jurisdiction to determine the substantive complaint.
Ms Friedman appealed to the High Court on points of law, challenging the Tribunal’s reasons, interpretation of the tenancy agreement and Residential Tenancies Act, and its jurisdiction to decide the landlord’s identity.
Ms Justice Phelan rejected each argument. She found that the agreement was ambiguous but that the Tribunal had adequately explained its reasoning and had evidence supporting its conclusion.
The judge noted that failure to notify Ms Friedman formally of the agency arrangement may have breached a landlord obligation, but did not change who the landlord was. The appeal was dismissed.