Tenant: Landlord threw out my husband’s ashes

A woman told a court yesterday her landlord unlawfully entered her home and threw out personal items, including an urn containing the ashes of her late husband.

Julie Magee, who owed landlord Seamus O’Dowd more than €7,000 in rent arrears, told Judge Jacqueline Linnane in the Circuit Civil Court she could replace items of personal property but could not replace her husband’s ashes.

Una Cassidy, counsel for the Private Residential Tenancies Board (PRTB), said a Tenancy Tribunal last year awarded Ms Magee €500 for belongings she had lost when the landlord entered 11 Oak Avenue, Royal Oak, Santry, Co Dublin.

Ms Cassidy said the tribunal, which had heard an appeal by Ms Magee against a PRTB determination for possession of the premises, had not been satisfied there was an urn on the table when the landlord entered the house.

Counsel told Judge Linnane that Ms Magee owed Mr O’Dowd €7,300 in rent arrears. The tenancy tribunal awarded Ms Magee €500 damages, which reduced the figure to €6,800. This was reduced further when Mr O’Dowd was allowed to keep a rental deposit of €1,550.

Ms Magee told the court she had six children aged from 10 to two. She said Mr O’Dowd unlawfully entered the property and replaced the locks and added: “He threw out my husband’s ashes. I can replace everything else but I can’t replace his ashes.”

Judge Linnane granted the PRTB judgment on behalf of Mr O’Dowd of €5,250 against Ms Magee, with legal costs against her in favour of the PRTB.