A landlord who changed the locks of a Dublin 4 apartment after discovering her tenant was subletting it on an accommodation booking website was ordered to return rent paid and a €2,300 deposit by a Residential Tenancies Board tribunal last month.
The landlord explained how she encountered a cleaner entering the property on South Lotts Road “carrying lots of sheets and towels” in December, who informed her that she was preparing the property for the “next guest”.
During the hearing, the tenant repeatedly denied subletting the apartment noting that the property was advertised by someone with a different name.
However, the landlord outlined how maintenance requests lodged by the tenant corresponded to complaints lodged against the property in reviews on Booking.com.
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For example, one review stated that the beds were uncomfortable, with the tenant subsequently requesting new mattresses from the landlord, while another review outlined how a window was loose after which the tenant requested that someone attend to tighten a screw.
After seeing the property on the platform, the landlord changed the locks while the tenant was abroad, saying she was concerned her insurance would not cover any issues that arose if the property was commercially let.
Although listed on the site under a different name, the landlord had confirmed with Booking.com that the real name was in fact that of her tenant.
Furthermore, the tenant owned a company dealing primarily with real estate which has a similar name to that used on Booking.com, the tribunal heard.
The tenant was seeking damages of €5,000, arguing that he was illegally evicted, alongside the return of his deposit and 10 days rent which he had paid until the end of December.
Noting the landlord’s “comprehensive evidence”, the tribunal was satisfied that the tenant did, in fact, sublet the property.
Although the tribunal found the tenant to be in breach of his obligations, the landlord should have issued a warning notice and the termination of the tenancy was therefore invalid, it said.
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