Galway tenant needed therapy after landlord 'pressurised' him to leave home of 15 years

Kieran Cleary told the tribunal that he had established friendships and a support system during his long tenancy at 3 The Stables, Bridge Street in Headford, but had since moved to another town where he knew nobody.

He said the repeated service of notices of termination and the move away from his home had been extremely stressful. He had received therapy and was moved onto “much higher levels of medication”.

His landlord, Brendan Flaherty, initially served a notice of termination on June 26, 2024, citing a requirement to use the property for a family member.

The notice incorrectly stated that Mr Cleary’s tenancy had begun in 2019, and therefore provided him with just 194 days’ notice instead of the 224 days to which he was entitled based on his 15-year tenure at the property.

The tribunal found that Mr Flaherty had acted in a way that was disingenuous by not properly informing his agent of the actual length of the tenancy, thus allowing the agent to serve a notice of termination with a shorter notice period.

It said this notice had been invalid but the landlord had attempted to pressurise Mr Cleary to vacate by sending another copy of the notice, despite being fully aware that the original had been invalid.

The tenant reacted to this pressure by vacating the dwelling, the tribunal noted. Mr Cleary claimed that he had sought a copy of the lease from his landlord and his agent, but this request was denied.

Mr Flaherty’s representative at the tribunal, Claire Glynn, declined the opportunity to cross-examine Mr Cleary, and did not make a substantive submission. She did state that her firm had been engaged in 2017, at which point a lease was provided, leading them to understand that the tenancy had commenced that year.

Mr Cleary vacated the property on November 24, 2025, citing the pressure exerted on him by repeated service of notices. In order to secure accommodation, he had had to move around 20km from his former home, where he had developed a pattern of living.

He told the tribunal that he had suffered “untruths” and no apology had been offered.

In its determination, the three-member tribunal found that Mr Flaherty had breached Section 12(1)(a) of the Residential Tenancies Act 2004, which obliges a landlord to allow a tenant peaceful and exclusive occupation of their home.

It added that damages of €690 were payable to Mr Cleary for the inconvenience and distress caused by the landlord’s actions, which included acting on an invalid notice of termination, and putting “undue pressure” on the tenant to vacate the dwelling.

The landlord’s actions constituted interference with the tenant’s right to peaceful occupation and enjoyment of the property. While he had secured alternative accommodation, there had been a significant loss of amenity.