Named Galway landlord's dispute with tenants ends in stalemate
The dispute arose between the landlord and tenants of a dwelling over rent arrears and repairs at the property
A dispute between a Galway landlord and her tenants has ended in a financial stalemate after a tribunal ruled that €2,040 in rent arrears should be fully offset against the cost of repairs carried out by the tenants.
Sanjaye Gungadin and Radha Gungadin had moved into 9 Gort na Rí in Gort at the start of May 2017, paying landlord Deirdre Deely rent of €990 per month along with a security deposit of €800.
Ms Deely referred a dispute to the Residential Tenancies Board (RTB) last April, alleging that rent arrears of €2,740 were owed, though she acknowledged that €700 of this could be deducted in respect of a mattress and other items purchased by the tenants.
She told the tribunal that a warning notice was issued on March 30, citing €2,340 in arrears, followed by a notice of termination dated May 19 with an effective date of June 19.
During cross-examination, the tenants argued that no arrears existed because they had paid out sums equivalent to the withheld rent to address the landlord’s failure to meet statutory maintenance obligations.
They also questioned Ms Deely on the absence of direct contact details, which they claimed caused severe communication barriers, to which Ms Deely responded that she had received some communications at her workplace address.
The tenants told the hearing they had never been in arrears and had spent €2,340 maintaining the home, which was occupied by four people.
They outlined outlays of €1,050 in 2020, €1,000 in 2021, and €290 in 2025 covering deep cleaning of mould, powerwashing, painting, plumbing, gutter cleaning, roof and ceiling repairs, and slab and plastering works.
Questioned by the landlord, the tenants confirmed that an engineer visited the property last November regarding substantial works and agreed the bathroom required serious repairs, though they denied having to vacate for them.
They also confirmed placing an advertisement on “Powerhomes” to sublet the dwelling, but insisted no actual subletting occurred. The tribunal noted the subletting allegation post-dated the dispute referral and would not be addressed.
In its findings, the tribunal ruled that tenants are legally required to pay rent as it falls due and cannot unilaterally set off repair costs without landlord consent. On the basis of verbal evidence, spreadsheets, and bank statements, the tribunal confirmed rent arrears of €2,040.
However, the tribunal found that under Section 12 of the Act, landlords are required to reimburse reasonable and vouched expenses incurred by tenants in carrying out interior repairs that fall under the landlord’s obligations.
Accepting that the tenants had to carry out the works after the landlord failed to undertake repairs and proved difficult to contact, the tribunal awarded the tenants a reimbursement of €2,040.
In its final determination, the tribunal ordered that the €2,040 in rent arrears and the €2,040 repair reimbursement be set off against each other, concluding with no order for payment by or to either party.
The tribunal said it lacked jurisdiction to rule on the rent-arrears termination notice because it arose more than six months after the case was initially referred to the RTB, but noted that Ms Deely could lodge a separate application on this matter.