Students accused of 'freeloading' insist they were willing to pay rent

Landlord and son deny charges against them in relation to disputed events

Donal Lynch and his father Daniel are charged with trespass, assualt and attempted theft of a phone. Picture: Dan Linehan

Students staying in a house in Cork were “milking the situation and freeloading for the summer” but they insisted they were willing to pay the rent.

These were among the allegations and counter-allegations – denied by each side - in a landlord/tenant case at Cork District Court.

The landlord and his son denied charges against them in relation to disputed events at the house in question on August 11, 2022 in Cork city. 

The prosecution case closed and the case was adjourned until Wednesday to find a date suitable for all parties for further submissions.

George Pendle recalled being in bed in the property that morning: “Two men I had never seen before burst into my room. They were kind of roughing me up, saying give me your phone. One of them gave me a slap on my face. 

"They pulled me by the ankles out the door of the bedroom. I was wearing only my underwear – my jocks – I was manhandled out the door. (Later outside) the younger man got me a jeans and t-shirt.” 

Asked by Inspector Dave Noonan how he felt about the incident, he replied, “It is horrendous being pulled out of bed in your jocks by two men you have never seen before.” 

The young man denied a suggestion by Joseph Cuddigan, defence solicitor, that he (Mr Pendle) had been aggressive with the landlord and his son.

Sarah Corby testified, “The younger man came into my room. I was in the corner of the room. I could hear the footsteps. He came in and said you need to get out of here. 

"He said we were trespassing, that we were there illegally. I grabbed my phone and followed him out of the room.

“Then when I got on to the stairs I saw the older man – Dan Lynch – I shouted at him that it was a miscommunication between the letting agent and himself, that he knew we were there and we weren’t trespassing."

“I thought maybe the landlord thought the letting agent was collecting the money. Maybe the letting agent thought the landlord was collecting it.” 

Cross-examining, Mr Cuddigan asked, “Did you think this was going to be free summer accommodation for you and your friends?” 

She replied, “No.” 

Donal Lynch and his father Daniel deny four charges. Picture: Dan Linehan

Mr Cuddigan said that she never asked how much it would cost. 

Ms Corby confirmed she did not sign a tenancy agreement for the summer months or let the landlord know of the identities of those staying there. 

She said she did ask the letting agent to ask the landlord about renting the house for the summer but she said the agent did not get back to them.

Letting agent, Mark Gosling, was acting on behalf of the landlord. One of the students present during the summer, Sarah Corby, had rented the house with others throughout the previous college year. 

Joseph Cuddigan asked Mr Gosling, “Were these people squatting in the house (during Summer)?” 

Mr Gosling replied, “I would agree with that.” 

Landlord Daniel Lynch said in a statement read by Detective Garda Padraig Harrington in relation to his interaction with Mr Pendle, “He kicked me in the chest with both legs while still under the blankets… I feared for everyone’s safety. He said he was going to burn the house down.” 

Mr Pendle denied ever saying such a thing.

Daniel Lynch said he was told by the letting agent that the people in the house signed an agreement outside the house on the morning of August 11 that in effect they would pay €5,000 between them for staying there during the summer, and after signing this they were allowed back into the house to retrieve their belongings.

Daniel Lynch said Mr Gosling told him that none of the young people paid any rent. He said he later inspected the property and the locks had been changed. 

“It was the worst condition I have seen of any house in 20 years of renting,” Daniel Lynch said.

Donal Lynch said he was worried about his “frail father” being assaulted by a much younger man in the house that day, 8am on August 11, 2022, when they went to the property Daniel Lynch owned at Nursery View, Glasheen Road, Cork. Donal Lynch said he only intervened to defend his father.

Witness Olivia Lehane who was in the house testified, “My arm was grabbed by the older man and pushed and shoved out the door. He said, ‘You are living here illegally.’ I had no shoes on. Sarah came out crying. We were called squatters, that the house was a mess, a disgrace - they were shouting and screaming.” 

Daniel Lynch, aged 62, from Moanmore, Castleisland, Co Kerry, denied all four charges: Assaulting George Pendle and Olivia Lehane, attempting to commit theft – namely Mr Pendle’s phone - and trespassing with intent to commit theft at the property.

His son, Donal Lynch, aged 32, of the same address, is charged with assaulting Mr Pendle, attempting to commit theft, and trespassing with intent to commit theft at the property.

Judge Marian O’Leary said that apart from the defence submissions and the possibility of further evidence, she wanted to review some of the evidence given so far.