The High Court has dismissed a tenant’s appeal against a Residential Tenancies Board (RTB) determination that his tenancy ended validly and that he owed rent arrears. The court ruled that the statutory appeal did not establish an error of law and left the RTB’s determination in place.
The case concerned a one-bedroom apartment attached to a main residence at Kennycourt, Dunlavin, County Wicklow. The tenancy began around 20 April 2022 at an agreed monthly rent of €1,100, including €250 for services. The landlord served a termination notice on 24 November 2022, citing rent arrears and alleged breaches relating to noise and heating.
The RTB’s tribunal found that the tenant had no basis to reduce the rent unilaterally because he was not using television and broadband services. It calculated arrears of €3,613.80 up to 20 March 2024. The tribunal also found that renovation work had disturbed the tenant’s peaceful occupation and awarded him €500 in compensation. It did not accept the landlord’s other alleged breaches concerning music and heating as grounds for ending the tenancy.
The RTB’s 3 July 2024 determination said the termination notice was valid and required the tenant and other residents to give up possession within 28 days. It ordered the tenant to pay €3,113.80 after deducting the €500 award, plus further rent at €1,100 a month or €36.16 a day until the dwelling was vacated. The landlord was to refund the €1,100 deposit on vacant possession, subject to lawful deductions.
The tenant appealed to the High Court on a point of law, arguing that an express and implied agreement meant he should not have been charged for television and broadband services that he said were withdrawn. The RTB opposed the appeal, arguing that it sought to reopen factual matters already decided by the tribunal.
Mr Justice Conleth Bradley said the tribunal had addressed the issues and that the tenant was seeking to revisit factual findings through a statutory appeal. The judge found evidence supported the tribunal’s material findings and that its conclusions were reasonably and lawfully reached. The appeal was dismissed, leaving the RTB determination in force.
The court listed the matter for mention on 13 February 2025 to address ancillary or consequential matters, including costs. The judgment does not determine those matters.