The High Court refused an application for leave to appeal on a point of law concerning a Tenancy Tribunal decision in a dispute over an unregistered Dublin tenancy. Mr Justice Eagar held that the landlord could appeal an adjudicator’s determination under section 100 of the Residential Tenancies Act 2004, even though the tenancy had not been registered.
The tenant, Jacek Snochowski, and McGinley Construction Limited entered into a tenancy agreement for a dwelling at 65 Alexander Place, East Road, Dublin 3, in September 2014. The judgment says the tenancy was not registered with the Residential Tenancies Board, then referred to in the judgment as the Private Residential Tenancies Board.
After the company served a termination notice in October 2015, the tenant applied to the Board for dispute resolution. An adjudicator ruled in December 2015 that the notice was invalid and directed the company to pay €10,000: €6,570 for the consequences of unfair termination and eviction, €3,000 for the invalid notice and €430 for a security deposit the company had unlawfully retained. The company was absent from that hearing and later said it had not received notice of it.
The company appealed to a Tenancy Tribunal. At the March 2016 hearing, the tenant argued that the Tribunal lacked jurisdiction because the tenancy was unregistered. The company’s representative said the termination followed difficulties between the tenant and other residents, denied that there had been an illegal eviction, and said the tenant had left with rent arrears. The tenant did not give sworn evidence.
The Tribunal found that the tenancy had been unlawfully terminated and ordered the company to pay €2,496.05 within 28 days. That figure reflected €2,500 in damages less €433.95 in rent arrears; the Tribunal also treated the full €430 security deposit as justifiably retained. The tenant then sought leave from the High Court to challenge the Board’s handling of the appeal, asking, among other things, for the adjudicator’s decision to be reinstated and for an order requiring the company to pay €10,000.
The High Court distinguished an initial referral of a dispute from an appeal against an adjudicator’s decision. It agreed that the unregistered tenancy prevented the landlord from referring a dispute to the Board, but found no equivalent qualification in section 100, which allows a party to appeal. The court also accepted that fair procedures entitled the company to be heard on appeal. It refused the leave sought; it did not reinstate the adjudicator’s award or order the company to pay the requested €10,000.