Mother and son lose Galway home eviction appeal against one of Ireland's biggest landlords
They own more than 2,000 properties across Ireland
A mother and son have failed in their bid to prevent one of Ireland’s biggest landlords from evicting them from their home in Galway.
Xerico Limited is a Cyprus-based subsidiary of Luxembourg fund, LRC RE-1, which owned more than 2,000 residential properties across Ireland in 2023.
Leila Urazbaeva and Abay Zhaigaliyev were renting a two-bedroom property at 1 Monivea Park, Ballybane, from the company when they received a notice of termination on January 31, 2025.
Xerico relied on a provision of the Residential Tenancies Act 2004, allowing landlords to evict tenants every six years for no reason. This ceased to apply to new tenancies as a result of legislative changes in 2022.
The mother and son referred the dispute to the Residential Tenancies Board (RTB) the following month. While the adjudicator awarded the tenants €1,500 for a breach of landlord obligations, they found that the termination notice had been lawful.
Ms Urazbaeva and Mr Zhaigaliyev appealed the matter to a Tenancy Tribunal, challenging the validity of the termination notice. Mr Zhaigaliyev claimed that a new, separate tenancy had commenced when he made a rent payment of €868 on October 4, 2022, and that this tenancy was protected under the legislative changes that came into effect on June 11, 2022.
The two tenants also raised complaints regarding living conditions, citing dampness, mould, ventilation issues, and ongoing water pressure deficiencies that left them without sufficient water to wash dishes or shower.
Mr Zhaigaliyev noted that, while the landlord had carried out certain works following a Galway County Council improvement letter dated January 30, 2025, other defects remained unresolved.
Michelle Savage of Home Club Limited, representing the landlord, told the tribunal that the notice of termination was valid and had provided the maximum statutory notice period. She said Xerico Limited intended to sell the dwelling alongside an adjoining vacant property, and required vacant possession for the joint sale of these two units.
Ms Savage rejected the claim that a separate tenancy had commenced, arguing that Mr Zhaigaliyev had simply been added to the existing tenancy in 2022.
In response to the maintenance claims, she said the central heating was in good order following a gas boiler replacement in 2022, a water pressure pump was present, and external water service interruptions were under the remit of the local authority.
She claimed that the tenants had refused to allow a contractor to access the property in March 2024 with a view to treating mould because Ms Urazbaeva demanded that the entire dwelling be painted first.
In its findings, the tribunal asserted that multiple tenants do not create multiple tenancies in the same property, ruling that the termination notice served in January 2025 had been valid.
The tribunal also dismissed the tenants’ claim regarding breach of obligations, finding that these had been settled in an earlier determination, and that subsequent maintenance records had demonstrated a proactive landlord attending to repairs when access was permitted.
The tribunal directed the tenants to vacate the property within 28 days and to continue paying rent from March 20, 2026 until possession is surrendered. It also ordered Xerico Limited to refund a €650 security deposit upon gaining vacant possession, subject to any lawful deductions.