Council claimed family did not meet criteria for tenancy of two-bed house in Co Dublin
Following Judge McCourt’s decision and refusal to grant the local authority its legal costs in opposing Mr Mooney’s appeal, Mr Boyd-Barret said: “I think this a right and just decision and prevents a family being made homeless. Clearly this was their family home.”
“She was more comforting to us than we were to her,” Mr Mooney said. “There is a very sentimental attachment of our family with the house.” He had moved back into the house following his mother’s death and had been joined by his wife and two children. The baby had been born following their move in without confirmation of any new tenancy. The council described him to the court as a trespasser and had been granted a possession order in the District Court.
“It is accepted by the council that Mr Mooney had been included in the rent assessment for his mother which is a significant factor,” Judge McCourt said.
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