A mother of three, who has been given seven days to quit her home, told a judge yesterday that the landlord to whom she owes almost €42,000 in rent arrears, was her former partner.
Michelle O'Connor told Judge Jacqueline Linnane in the Circuit Civil Court: "You can do what you want but I'm not leaving that house."
Ms O'Connor, of 29 Westbourne Park, Clondalkin, Dublin, said that after their break-up Tommy Kennedy had leased the house to her for four years at a rent of €1,200 a month.
She also claimed he had agreed that after that time he would sell the house and split the proceeds with her.
Possession
Barrister Una Cassidy, counsel for the Private Residential Tenancies Board, said the board was applying for an order enforcing its decision to grant the landlord, Mr Kennedy, possession of the property.
Ms Cassidy said that Ms O’Connor had not paid any rent since 2011 and currently owed the landlord €41,809 in arrears.
Judge Linnane said Ms O'Connor accepted she had not paid any rent to her former partner since 2011. She had appealed the decision of the PRTB to the Tenancy Tribunal and again unsuccessfully to the High Court.
The judge said Ms O’Connor had exhausted every appeal possible and had failed to comply with any orders made against her. The court rejected an adjournment application by a solicitor for Ms O’Connor as “being without merit”.
When Judge Linnane said she was making an order enforcing the decision of the PRTB Ms O'Connor began addressing the court from the back of the room and said she needed her home for her children and to be near her ill mother.
Judgment
When Ms O'Connor continued to address the court Judge Linnane adjourned the court briefly to restore order. After Ms O'Connor had left she returned and made an order for possession of the property in Mr Kennedy's favour.
The judge directed that Ms O’Connor vacate the property within seven days of being served with the court order and granted judgment against her for €41,809 and costs.