A DINGLE landlord has been ordered to ensure his tenants keep quiet, after their neighbour went to court saying he was at his 'wit's end' over sleepness nights.
Ian Graham of 9 Grey's Street, Dingle, took a case of 'noise giving reasonable case for annoyance' against number 8 Grey's Street landlord John Shine, Tullig, Killarney, under section 108 of the Environmental Act 1992. He told Judge James O'connor at Dingle District Court on Friday that his family had been kept awake at night by disturbances coming from his next door neighbour's house, where tenants Servila Domatus, her husband, mother-in-law and child live.
Mr Graham, who was born and reared in in Grey's Street, but now lives in Limerick where he works as a teacher, said his family were plagued by loud noises until all hours of the morning on a number of trips home to Dingle over the past two years. Loud music, partying and basketball playing indoors were among the nuisances listed by Mr Graham.
He said he texted Mr Shine, whom he knew, on a number of occasions - usually at holiday periods such as Christmas and Easter - but never received a reply. He eventually complained to local gardaí as he felt he was getting nowhere with Mr Shine and gardaí advised him write a letter to the landlord, which he did. He also called gardaí out to the scene last Christmas after one disturbance. He admitted never having approached the tenants, however, saying he was advised against it.
"It was quiet distressing... I basically didn't have a Christmas holiday because of it," Mr Graham said. "I would have been quite happy if the landlord spoke to the people and if the late-night drinking had stopped. I wouldn't have taken the matter further."
"I'm not a crank, I grew up in the middle of a town and live in a housing estate, I'm not looking for complete peace and silence, but I think there's a certain limit," Mr Graham added.
Mr Shine said he himself occasionally stays in a room in the house at number eight and his tenants keep the house in 'immaculate condition'. He said he received Mr Graham's texts and every time he texted his tenants, who replied that there had been no noise.
Servila Domatus told the court that, at Christmas, family friends visited from Dublin with their children. "There was music but not too bad, just people communicating with other people, not a big party with people shouting, just talking," she said.
Judge O'connor noted that each party takes a 'subjective view', but told Mr Shine that 'at the end of the day you are the man responsible for the tenants'. He put the matter back to the end of the year directing that it be returned to court immediately if Mr Graham and his family are disturbed again.
He advised Mr Graham to record any further nuisances on an audio device so the court could hear first hand. "If Mr Graham comes in again... it will prove very costly to you," he warned Mr Shine.