The High Court has dismissed Maureen Kelly’s appeal against a Residential Tenancies Board determination that a notice ending her tenancy at 52 Morehampton Road, Donnybrook, was valid.
Mr Justice Conleth Bradley’s judgment, delivered on 28 November 2024, concerned a point-of-law appeal under the Residential Tenancies Act 2004. The RTB had determined that Miracove Holdings Limited’s notice, served on 1 June 2021 with a termination date of 16 January 2022, was valid. Its order also directed Ms Kelly to vacate within 42 days and pay €60,000 in rent arrears, the RTB’s jurisdictional limit. Those consequential terms were described in the judgment’s account of the RTB order; the High Court appeal focused on the notice’s validity.
The notice relied on the statutory ground that the landlord intended to enter an enforceable agreement to sell its interest in the dwelling within nine months after the tenancy ended. Ms Kelly argued that the RTB lacked sufficient evidence of that intention when the notice was served. She challenged reliance on a statutory declaration by then-director Brian Goulding, who did not give evidence before the Tribunal, and on evidence from Carol Morrissey, who became a director in July 2022. Her submissions also raised an alleged option agreement, specific-performance proceedings and a lis pendens registered against the property.
The judge said the statutory declaration was admissible as some, though not strong, evidence of intention. He noted that it was accompanied by evidence from Ms Morrissey that the company still intended to sell after vacant possession was obtained, while also finding that her ability to “follow the files” was neutral on the company’s intention in June 2021.
The judgment held that the later lis pendens did not negate the intention required when the notice was served, and that the RTB had no jurisdiction to decide the alleged contract for sale. The fact that no sale occurred within nine months did not, in the circumstances addressed, defeat the earlier intention finding.
Applying the limits of a statutory appeal on a point of law, the judge concluded that evidence supported the RTB’s finding and that its inference was one it could reasonably reach. He refused Ms Kelly’s requested relief and ordered the appeal dismissed. The matter was listed for mention on 21 January 2025 to address ancillary matters, including costs.