Landlord faces legal action for unpaid €30k fine

A landlord who has failed to pay a landmark €30,000 fine for allowing his tenants subject neighbours to a litany of antisocial behaviour is facing legal action.

The head of the Private Residential Tenancies Board (PRTB) has confirmed the case involving a Cork landlord — who was hit by one of the largest fines ever imposed by the board — has been handed over to its solicitors.

PRTB director Anne Marie Caulfield said the board take the issue of non-compliance with its determination orders, or decisions, very seriously.

“We understand that it will be heard in Cork District Court in the coming week,” she said. She declined to comment further given the legal process.

The Irish Examiner first reported in Dec 2012 how a group of 13 residents in the Bishopscourt estate took two cases to the PRTB in relation to antisocial behaviour linked to the tenants of two houses, which were owned at the time by West Cork-based businessman, Flor Harrington.

The residents outlined a catalogue of incidents, including:

* Violent incidents and fights outside one of the houses;

* Out-of-control parties, excessive noise, and disturbance;

* Drinking alcohol and urinating in public by tenants, or by people known to them;

* Rubbish, including used nappies, being thrown into neighbouring gardens;

* Cars being driven recklessly and noisily at night in the area, and in the garden of one of the houses;

* One incident where gardaí, who were arresting an individual at one of the addresses, had to use pepper spray after they were attacked by a group of women who were in the house.

The residents said the behaviour went on for several years and that they were “living in fear” and “felt intimidated”.

They said they raised their concerns with Mr Harrington several times, without substantive or meaningful response.

Mr Harrington’s agent accepted some antisocial behaviour was attributed to one of the properties, but disputed the extent, seriousness, persistent nature, and intensity of the alleged behaviour.

However, the PRTB tribunal found in favour of the residents, and said Mr Harrington was in breach of his duty to the neighbours of his properties.

It ordered him to pay €1,000 to each of the 13 residents in relation to one complaint, and €1,250 to each resident in relation to the second complaint — a combined damages bill of €29,250.

Former lord mayor John Buttimer, who supported the residents, described it at the time as a “gamechanger” and urged the PRTB to pursue the fine.

Residents said they also want the board to pursue the landlord to pay the fine.

“Our feeling is that he gave us heartache for over 10 years,” a spokesman said. “It has been found that he was responsible and this fine was decreed.

“As far as we are concerned, we have put it as far as we could. The PRTB imposed the fine and it’s up to them to chase it up,” he said.

Mr Harrington, who last year had a €1.8m judgment registered against him by EBS after a High Court action initiated in 2012, was unavailable for comment.