Cork residents fail in 'class action' against landlord over anti-social activity by his tenants

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Cork residents fail in 'class action' against landlord over anti-social activity by his tenants
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A landlord has won an appeal against a decision which would have seen him liable for 'hundreds of thousands' of euro in compensation to households in a Cork city suburb over claims that he failed to address anti-social behaviour by his tenants.

A LANDLORD HAS won an appeal against a decision which would have seen him liable for “hundreds of thousands” of euro in compensation to households in a Cork city suburb over claims that he failed to address anti-social behaviour by his tenants.

In his appeal hearing last October, O’Donovan complained that he was “personally exposed for several hundred thousand” euro in compensation to the residents due to the RTB being able to award compensation worth up to €20,000 for each complainant. In its reasoning, the tribunal said that the wording of the Act is “clear and unambiguous” in whether the tribunal could have jurisdiction, because the residents’ association was an “unincorporated body” which has sought “to take a claim on its own behalf”.

Barry Sheehan said the tribunal had “exploited poor parliamentary draftsmanship” by TDs and senators who designed the legislation. “The Government needs to urgently introduce legislation to reverse this unwelcome decision by the Tribunal,” he said.

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