EVICTION CASE
An application to evict a 76-year-old man from his home has been refused by Sligo Civil Court.
Cluid Housing Agency sought the eviction of Michael Andrews of 57 Glendallon, Ballytivnan citing Andrews was no longer a suitable tenant after hearing an anti social behaviour incident involving serious violence took place at his address.
The court was informed Andrews’ son had recieved a lengthy prison sentence for the serious assault of a another at the address on April 23rd, 2017. Andrews had received a suspended prison sentence for his involvement, impeding the arrest of his son knowing he had committed an arrestable offence. The court was told Andrews was in rent arrears of €4,068 on the property.
Defending solicitor Mr Tom MacSharry informed the court he had €900 in rent payable to the housing agency, rent which Andrews had been saving since the previous court hearing of the matter. Barrister for Cluid, Ms Rita Kilroy told the court Cluid had taken the view that Andrews was not an appropriate tenant after it was made aware of the incident and subsequent court hearing and sentencing.
“All of that is for criminal law and is not a foregone conclusion that civil law can piggy back,” said Judge Kevin Kilrane.
Mr MacSharry said fair procedure and natural justice were not adhered to in terms of Andrews being dealt with by the agency. He said community gardaí confirmed his client was not involved in any anti social behaviour since. Mr MacSharry outlined to the court that Andrews had lived at the address for six years with no other incidents bar the one referred to in the court.
Judge Kilrane commented that other than falling into arrears, Andrews was compliant with regulations.
“To evict a 76-year-old man from a house on one incident would amount to an injustice,” Judge Kilrane commented.
Judge Kilrane also took issue with the manner in which Andrews’ housing adjudication was dealt with by Cuid, after it was heard he had attended the adjudication unaware that he should have legal representation, or that the criminal case would be brought up.
“A vulnerable person attended an adjudication [he] should have been told to seek legal advice. The consequences of an eviction would be life changing,” said Judge Kilrane, adding that Cluid should have adjourned the adjudication to allow Andrews seek legal aid.
To clarify if meetings had taken place with Andrews before an adjudication, Marian Smith from Cluid told the court in May 2017 Andrews was told the agency was aware of an incident and would be investigating it. In April 2018 Andrews was told the agency was aware of court findings in relation to the criminal matter and a meeting was arranged to discuss his tenancy.
At a meeting on April 12 th, 2018 Andrews was told based on the court outcome a notice of tenancy termination would take place and it was explained to him if he did not leave the house an application for his eviction would be made to the court.
Judge Kilrane refused the application to evict Andrews and said the adjudicator failed to make the tenant aware of his right to legal aid in the circumstances where an eviction would have ‘ the greatest life changing consequences’.
After refusing the eviction application, Judge Kilrane directed the €900 in rent be paid to Cluid.