Wednesday 21 February 2018

Man loses High Court challenge against eviction

Aodhan O'Faolain

A MAN has lost his High Court challenge to Dublin City Council's decision that he leave his late grandmother's home where he lived and cared for her before her death.

Jason Robinson moved in with his grandmother, who suffered from Alzheimers at St Michan's House, Greek Street, Dublin, in 2005 and looked after her until she died in June 2008.

He then applied to Dublin City Council to be allowed take over her tenancy, but was refused. In late 2008 Mr Robinson was served with a notice to quit the property.

Mr Robinson did not deliver up possession of the property, but continued to engage with the council. The council then sought a warrant for possession of the property in the District Court under section 62 of the Housing Act, which were served on him in early 2009.

Arising out of the summons Mr Robinson in May 2009 secured permission in the High Court to bring proceedings against the Council, as well as Ireland and the Attorney General, aimed at halting his eviction.

Today in his ruling on a preliminary issue in the case Mr Justice John Hedigan dismissed Mr Robinson's action. This was because Mr Robinson's challenge to the decision had been made "far outside" the time limits that it should have been brought within.

Such applications, the Judge added, should normally be moved "within days or weeks" under court rules but this was not done.

No explanation for the delay other than Mr Robinson had continued to engage with the council in relation to the tenancy, was given to the court, the judge said.

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