Wednesday 18 July 2018

Judge tells council tenant that ‘improved housekeeping’ would improve his flat

Ray Managh

A Dublin City Council tenant, who claimed his flat had become unfit for human habitation due to his landlord’s negligence, has been told by a judge that improved housekeeping would have sorted a lot of his problems.

Judge Matthew Deery dismissed a claim of up to €38,000 damages by Philip Doyle, Dolphin House, Rialto, Dublin 8 and awarded the council legal costs against him.

Doyle, as well as damages for loss, inconvenience and expense, had also sought a court order compelling repairs and alterations to his abode.

He had told the court his flat was unfit for human habitation because of damp and mould and a leaking toilet.  He claimed he had to pay a plasterer about €2,000 to replace a ceiling as well as €500 for paint and decoration and €500 for a new mattress and cleaning products.

Barrister John P. Kehoe, counsel for the local authority, told the court a full defence had been entered against all of Mr Doyle’s allegations and said the council had promptly dealt with any complaints when brought to its attention.

Mr Kehoe said the council denied it was guilty of any negligence or breach of duty and claimed any perceived problems Mr Doyle might have experienced was due to contributory negligence on his part.

Judge Deery, in a reserved judgment, said that on review of the evidence it seemed to him that “some small matter of housekeeping would go a long way towards remedying the problems Mr Doyle has outlined to the court.”

He dismissed the claim and awarded the council its legal costs.

Irish Independent

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