Family secures right to re-enter apartment after locks changed

The Private Residential Tenancies Board has today secured a temporary injunction to allow a family re-enter their Dublin apartment - after the locks were changed without notice.

Family secures right to re-enter apartment after locks changed

The Private Residential Tenancies Board has today secured a temporary injunction to allow a family re-enter their Dublin apartment - after the locks were changed without notice.

Ventislava Lyubenova, her husband and 10 year old son have been staying with friends since the locks were changed on the Blanchardstown apartment.

Eoghan Cole BL for the PRTB, instructed by Eversheds Solicitors, told Judge Pauline Codd in the Dublin Circuit Court that Ventsislava Lyubenova had sworn an Affidavit setting out that on November 20, 2014 she returned home to her apartment at Rathlin Hall Apartments, Waterville, Dublin 15 to find that the locks had been changed and that a notice from the Dublin County Sherriff affixed to the door of the property advised that the Sherriff had taken possession of the property.

She, her spouse and her son had spent the night of November 20 sleeping in their car before being able to get temporary accommodation with friends.

She had always ensured that the rent was paid on time to the landlord and had no notice of the proceedings against her landlord prior to the Order for Possession being granted against her landlord.

Mr Cole told Judge Codd that Janette Fogarty, Assistant Director of the PRTB had sworn an Affidavit confirming that Ms. Lyubenova had opened a dispute with the PRTB on November 25, 2014.

He submitted that on what was presently known to the PRTB it was at the very least arguable that the purported termination of her tenancy was unlawful.

He said that the PRTB was of the view that only in extraordinary circumstances should a tenant find themselves evicted from their home while disputing the legality of the termination of their tenancy.

He said that it appeared from what was known to the PRTB that EBS Limited may have been unaware of the existence of the tenancy at the time when an Order for Possession was made on May 30, 2014 but that the available evidence indicated that it probably became aware of somebody residing in the property prior to October 23, 2014 when the Execution Order for Possession was issued.

Judge Codd was also told that contact with the Solicitor acting for EBS Limited had resulted in an offer by EBS to restore Ms. Lyubenova and her family to the property subject to agreement on terms but that this, while positive, fell short of what was required and that the tenants should be readmitted to occupation of the Property pending resolution of the dispute immediately and unconditionally.

Judge Codd granted an interim injunction in the terms sought and gave leave to issue and serve a Notice of Motion seeking further interlocutory relief returnable for December 11, 2014 before the Dublin Circuit Court.

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