The High Court has dismissed an appeal by a County Kildare landlord against a Residential Tenancies Board determination which awarded two former tenants €7,500 for the unlawful termination of their tenancy.
Ms Justice Siobhán Phelan ruled on December 8 that the RTB Tenancy Tribunal had been entitled to find that Abdallah Alsaleh was the landlord for the purposes of the Residential Tenancies Act 2004, even though he argued that he did not own the property.
The dispute arose from a tenancy which Sharon McDonnell and Wayne Frarey said began in July 2022. They told the Tribunal that they paid a €2,600 deposit and first month's rent, received keys and then paid rent in cash. They said they were locked out on October 31, 2023, without receiving a notice of termination and found another man occupying the dwelling.
Alsaleh denied that a tenancy existed and maintained that the pair were squatters. He also argued that the house belonged to his wife and that any involvement he had was as her agent.
The Tribunal rejected that account. It relied on evidence including messages about rent and keys, delivery of white goods, utility documents and evidence from a former practice manager about rent payments. It found that a Part 4 tenancy existed and awarded €7,500 in damages for unlawful termination and interference with the tenants' peaceful and exclusive occupation.
On appeal, Alsaleh argued principally that the Tribunal lacked jurisdiction because he was not the property's owner. Phelan J rejected that argument, holding that the statutory definition of a landlord depends on entitlement to receive rent rather than ownership of the dwelling.
The judge also noted that the Tribunal has no jurisdiction to determine title to property. She found that the evidence relating to ownership produced by Alsaleh had been incomplete and that there was ample evidence supporting the Tribunal's finding that a tenancy existed.
As no error of law was established, the appeal was dismissed. The court said it would hear the parties separately on the form of the final order and consequential matters.