Judgment: 2021-03-12 · Court archive

High Court proposes to refuse tenants’ appeal over termination notice

The court said it would refuse all relief sought by the appellants, following its reasoning in a related appeal. It invited written submissions before making a final order.

High Court · [2021] IEHC 185

Who, what, where, when and why

Who
  • Reynaldo Blanco
  • Virulyn Avellanosa (Appellant)
  • Residential Tenancies Board (Respondent)
  • Michael Whelan
  • Aldona Stulpinaite
What

The court said it would refuse all relief sought by the appellants, following its reasoning in a related appeal. It invited written submissions before making a final order.

Where

Places mentioned in the report

  • Ballsbridge
When

Judgment:

Why

Reasons reported in the judgment

The appeal challenged a Residential Tenancies Board determination order dated 5 December 2019. That order, based on a Tenancy Tribunal report dated 1 October 2019, held that a termination notice served by notice party Michael Whelan on 27 March 2019 was valid.

The High Court said it proposed to refuse all relief sought by tenants Reynaldo Blanco and Virulyn Avellanosa in their appeal concerning a notice of termination for their flat in Ballsbridge, Dublin.

The appeal challenged a Residential Tenancies Board determination order dated 5 December 2019. That order, based on a Tenancy Tribunal report dated 1 October 2019, held that a termination notice served by notice party Michael Whelan on 27 March 2019 was valid.

The tenants brought the appeal under section 123 of the Residential Tenancies Act 2004, as amended. The court said this appeal had been heard together with one brought by another tenant, Aldona Stulpinaite. It said the tenants’ positions were identical in all material respects, apart from the flats they rented, some differences in dates, and the Tenancy Tribunal chairman.

Referring to its reasons in Stulpinaite v Residential Tenancies Board, the court said it was satisfied that a similar order should be made in this case. It proposed to refuse all relief sought in the tenants’ originating notice of motion.

The judgment did not set out the final terms of the order. It gave the parties 14 days from receipt of the judgment to make written submissions on those terms and any related matters. The source therefore records a proposed outcome and a submissions period, not the terms of a final order.

Read the original court judgment

Something looks wrong?

Highlight the relevant passage or flag this article for review. Review requests do not immediately change the report.

Email a correction request

Request a review