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A CORK LANDLORD faces a €1,000 fine or 12 months in prison if there is a proven breach of a noise protection order at his properties occupied by student tenants, a court heard today.
The houses had previously been described in court as being used for “Covid House Parties” during lockdown.
Last week at Cork District Court Judge Olann Kelleher found it proven that students were partying in two of Fachtna O’Reilly’s properties near University College Cork (UCC) until four and five am during lockdown.
Two locals took private prosecutions against the 80-year-old landlord for noise pollution under environmental laws. The landlord now finds himself subject to an order under these laws.
Judge Kelleher made an order under Section 108 of the Environment Agency Protection Act. It makes O’Reilly liable for any future proven breaches of noise levels at the houses involved.
It is understood that students tenants moved into the properties in late May.
O’Reilly, of Model Farm Road in Cork, was given a week to address noise issues at two of his properties in Highfield Avenue and Connaught Avenue in Cork city.
Today at the court O’Reilly’s solicitor, Eamon Murray, said his client had issued warnings to the tenants in both houses and had installed noise monitors and CCTV cameras. O’Reilly also offered to pay the costs of the complainants in the case.
Loud music
Local residents Sadie O’Mahony and Mairead O’Callaghan, who took the proceedings, said that they had been subjected to loud music, persistent shouting and rowdy and aggressive behaviour from student occupants of the houses.
They told the court that the antisocial behaviour was ongoing 24/7 and that they were unable to enjoy their own homes arising out of the excessive noise.
Speaking after the ruling, O’Callaghan said: “It will mean a lot to the families to have peace. The properties in question have been very noisy. We got no response from him [O'Reilly]. We were left with no choice but to come here. It has had an awful impact on us. We all want to get on with our lives.”
O’Reilly’s solicitor, Eamon Murray, had applied for the case to be adjourned, saying that his client had taken steps to address the issues raised by the complainants.
O’Reilly has now made verbal, informal and formal warnings to the relevant student tenants.
Solicitor David McCoy, for the residents, said that his clients were wary of claims that O’Reilly had had a “Road to Damascus” conversion on addressing the anti-social behaviour over the last week. He asked Judge Kelleher to make an order on the matter.
Judge Kelleher asked why it had taken O’Reilly such a long time to take action over the complaints from predominantly elderly locals.
“People in this mature area of Cork are entitled to the quiet enjoyment of their area and to live peacefully. I hope this will be the end of it and the problems.”
Judge Kelleher said that he was also cognisant of the welfare of patients, nurses and doctors at the nearby Bon Secours Hospital as well as the potential impact on nuns in the enclosed order at the Poor Clare Convent whom he said were entitled to peace.
Judge Kelleher also said it was his belief that the non-eviction protection granted to workers who lost their jobs because of the Covid-19 crisis “was in a totally different league” to the case that was before his court.
Meanwhile, the Magazine Road and Surrounding Areas Residents Association welcomed the order. They called for a radical overhaul of the legislation governing rented properties.
The residents are now calling for the licensing of landlords, an NCT-type certification for rental properties, a public register of property owners, modernisation of the planning laws in respect of residential properties being changed for multi-occupancy use and a regeneration plan for the local area.
Among the local residents is former Lord Mayor of Cork, Catherine Clancy, who says that other landlords in the area need to take on board the rulings of the court.
“We just want to be able to enjoy our community and enjoy our homes. We have not been able to enjoy our homes since the 28 May. We were heading last weekend in to our sixth week without sleep. All we want is for the students in these houses to respect the community,” said Clancy.
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Is there no sanction against the people causing the problem?
@Michael Garvey: I’m guessing there will be now
@Michael Garvey: I don’t know why, UCC isn’t a creche, the students are all over 18.
@Michael Garvey: There should be in the conditions of their lease that there be no disturbances after 11.00 p.m. I once owned a rental apartment in a student apartment complex. While staying there myself at one stage students in a neighbouring apartment had a very loud house party. At 4.00 a.m. I went straight in turned off their loud music. As a member of the Body Corporate I informed them that I could report the matter to the apartment owner and suggested they read their lease agreement. I also informed them I could have police there in 10 minutes. Problem solved.
@Micheal S. O’ Ceilleachair: Buzz Killington
@Michael Garvey: it’s disgraceful blaming the landlord for the actions of adult citizens – even if he gave them notice to quit it would take 18 months to get them out if they refused to leave. This is a crazy law meaning he can go to prison for someone else’s crime!
@D Mems: not in Ireland legal you can evict someone but now your legally responsible for there actions. Only in Ireland
He’s given a week to address issues but he cannot evict them either during this time. Landlords are really in a bad situation sometimes. The tenants won’t pay the fine for him right
@Soeren Kuehling: very good point so what happens if the tenant ignores the landlord and continues with the parties?
The tenant can’t be evicted for any reason. And the order is against the landlord not the tenant.
@Jim Buckley Barrett: technically they can be served with an immediate eviction order with zero notice on the morning of Monday 20th July on grounds of antisocial/criminal behaviour.
As there has been no move by government to extend the current ban (other than talking about doing it) if they haven’t announced any extensions by Monday, there’s going to be a lot of eviction notices served all over the country!
@Vic’s Burd: eviction notice means nothing in Ireland- it took me 18 months to evict antisocial tenants and they stopped paying rent as soon as they got the eviction notice. Judge would not issue a judgement against them as they had no means to pay!
@John Lyons: nightmare. Thats crazy. Considering the amount of accidental landlords in ireland, who may be even subsidising the rent to pay the mortgage. 18 months of no rent payments could bankrupt them and lose them their own homes.
Yet the landlord cant chuck them out??? This is a joke
@Tommy C: it’s a guppy
@Tommy C: yes its a joke! you cant evict. I am coming up against a similar problem.. new guy moves in to my property .. beginning to cause unrest with other tenants ..i have just moved back from Oz and i am mother of a kid and i want to belt this country across the head. Also i cant sell my house..
This is a joke. Sure the landlord cant even evict now due to the extra covid protections fairly given to renters.
@Conor McKenna: the judge thinks otherwise “Judge Kelleher also said it was his belief that the non-eviction protection granted to workers who lost their jobs because of the Covid-19 crisis “was in a totally different league” to the case that was before his court.”
@EillieEs: but what does that statement by the judge even mean?
@Conor McKenna: I don’t think he could anyway without due process. Where’s the RTB in this ?
Poor man is 80! The issue should be with the tenants not him. Will the same apply to Council house tenants. The Council will be given a court order?? Farcical!
@Its Me:
I doubt if he is ‘poor’ now!
@Michael Kavanagh: how do you know??
The ruling means absolutely nothing to the offenders, of course you have to consider the landlord , an eighty year old ,what is he to do ,collect his rent and head for the pearly gates , sending him to prison , some hope of that.
Very very little said about the great RTB of course, they sit in their offices above in Dublin and just collect fees and do F all in this case.
Same goes for the nobs in UCC all they consider is fees,and couldn’t give a fiddlers about local residents.
The years that the residence have suffered at the hands of what used to be a pleasant university is outrageous.
@JJandtim Dwyer: I totally agree RTB are not fit for purpose
@JJandtim Dwyer: I had dealings with the RTB once as a landlord and found them quite competent. They seek to negotiate a solution that suits both parties which worked out for me but of course a lot depends on the tenants willingness to cooperate. The problem with the RTB – and it’s not their fault – is that they are toothless. If a tenant refuses to leave after the RTB decides against them then the landlord must take the RTB determination order through the Courts which normally costs in the region of EUR5K and takes many months.
@Sean: Exactly Sean so whats the point in having them when you have to take the tenants to court anyway, whats the objective ?if it involves going to court for the tenant or the landlord ?
@JJandtim Dwyer: Objective is to give tenants longer in the house before they are evicted. Rtb is only there to stop landlords abusing tenants (while making the landlords pay for the privilege) not the other way around
@Dino: So old Fachtna 80 years old has to sort out the house ,and get the students to tow the line or else its a grand or prison for him even though he did nothing only collect rent, if he says boo to the tenants the RTB step in and busts his a++,either way he loses who wants to be a landlord then ?
@JJandtim Dwyer: I’ve wondered that myself as to what is the point of the RTB. I suppose they try to negotiate agreements that keep these cases from clogging up the courts. In my case i has to agree that the tenants could stay an additional five months until they could find somewhere else after they’d already received the maximum notice period of six months. The tenants were apparently confused as to what the notice of termination might have meant. Certainly the RTB chase landlords through the courts for deposits withheld etc but never chase tenants for arrears which is deeply unfair and based on the false assumption that landlords can afford to pay but tenants can’t.
@Sean: So the question is are the RTB biased,their expectation is that as a landlord you have property and they can pin you down, whilst the tenant might have wealth and they cannot lever his wealth as it not visible to them.,they serve no purpose really , they are a quango, jobs for the boys kind of effort,must like Tusla and a host of others
They take easy options , where the can attack the easy mark.
Seems to be a lot of this behaviour coming out of Cork recently. This and the GAA covid party buses among others.
So the landlord is responsible for the actions of the tenants, who in turn cannot be evicted due to Covid legislation preventing evictions? Is it any wonder that so many private landlords have pulled out of the market or turned to short term rentals which resulted in a housing crisis.
@Declan Costello: Nothing to do with the extra profit at all, as all landlords are really kind people that baby their tenants so much!!!!!
So they are allowed to have covid parties as long as they do not make too much noise…Only in Ireland
Asboos need to be brought in in Ireland
@BriP75: nail on head
@BriP75: and what effect did they have in the UK on youth behavioural problems and crime rates? 0 Impact. In fact they have made the situation worse.
@BriP75: they already are but they made it so complicated I thing less than 10 have ever been issued
With a ban on evictions, what is he supposed to do if it persists.
@anthony mcgowan: the ban wouldn’t apply in this instance “Judge Kelleher also said it was his belief that the non-eviction protection granted to workers who lost their jobs because of the Covid-19 crisis “was in a totally different league” to the case that was before his court.”
@EillieEs: there is no option to evict currently
A group of local vigilantes arriving at their door with baseball bats and hurley sticks would sort out that problem fairly quickly.
Nonsensical. The landlord said their lease was up in August and the he’s previously spent 14months trying to evict a drug dealer. It is impossible to evict tenants. In one case before the RTB the tenants were captured on CCTV boxing the heads of each other in the lobby of the apartment complex and there were many complaints by other residents. The landlord was fined for evicting them because the RTB said it didn’t meet their definition of anti-social behaviour. No wonder the landlord is not bothered trying to go through the motions on eviction on this occasion.
I have never hated students more than now… R rating rising once more because of their behaviour and the behaviour of all those dying to party. Thanks lads.
It’s mind boggling that these residents don’t just move to a more family friendly area of cork. The students will always be there and it’s the same argument they will be having until they drop.
The standard rent at the moment for a student house in cork is 140 per person per week. With a 5 bedroom house, that’s 2,800 a month. You could pay for a lovely house with that easily covering the mortgage.
@Big Smokey: would an elderly resident really want the stress of moving house at this time of their lives? With the price and availability of houses too. They could of been there far before the house was rented out to students. Bit unfair imo.
@Big Smokey: Ihad to read your post twice in case I was seeing things. Are you suggesting that elderly residents should move out of their homes just to suit these entitled brats who are disrupting people’s lives by their outrageous immature behaviour. It’s not only older residents that they are disrupting , there was a front line Nurse on radio the other day saying she was working flat out looking after people who caught the virus and could not get a nights sleep with the racket going on. These brats when qualified ( that’s if they ever do) would be the very type who to kick up a stink if it was happening to them. What’s wrong with these brats is they have too much money, have nothing to do and if I was their landlord their belongings would be on the footpath by now law or no law.
@Big Smokey:
The Landlord Class is already big enough – do we want whole streets full of their grubby holdings?
@Michael Kavanagh: not enough rental properties leading to sky high rents yet the enlightened Kavanagh in his wisdom says we have too many landlords…..ah well is it any wonder we have the problems we have in ireland
@Big Smokey: So the residents leave their home, their neighbours their community because of some brats from UCC
These tenants cant be evicted under the current ban. Crazy situation
The lanlord has obsolutly no right or powers on enforcement on his tenants and if he tried to enforce any regulations on the tenants he would be in more trouble.
This is an absolute disgrace.
I hope this isn’t the Landlord that recently lost his wife…
So a group of students breached the Covid laws and the neighbors reacted as the medieval times.
Jail rather than eviction … just like any house owner who breached the Covid laws
This Court Cases is totally absurd and looks like the neighbors have controlling issues
My neighbor cutting the grass is over the noise limited and non one call the EPA to evict him from his home. He is one of those cutting the grass at 7 am on Sunday !
@Maria Quinn: you are actually comparing grass cutting to noisy house parties lasting until 4 and 5am every weekend for months?
@EillieEs: noise pollution is noise pollution. The level, intensity, duration and frequency … the source is irrelevant but we discriminate ones against others.
However the important point is the aptitude towards anti-social behaviour. It has been always a Gardaí matter regardless of being owner or tenant.
If it was that bad, why the Gardaí did nothing?
When the Gardaí did nothing, likely it was just young people being young and new in the neighborhood … who knows if those good neighbor harassed them
@Maria Quinn: noise complaints inside a private dwelling is a civil and not a criminal matter. Garda have no power of enforcement for noise. They can ask someone to keep the noise down but that’s it.
If they are on the road then it’s public order and a criminal matter that they can deal with. But as the constitution states…. The Constitution declares that the dwelling of a citizen is inviolable and shall not be entered forcibly except in accordance with the law. This means that no one, including the Gardaí, may enter the place where you live without a warrant or other legal authority to enter.
The new covid laws change things a little regarding parties etc. But if someone’s sitting in a house playing music alone at 4am the guards can’t do much about it.
God I love the taste of landlord tears in the morning.
@Ciaran McQuaid: I am 100% sure there is no quick way to evict these tenants. The PRTB are powerless and only the court can issue a notice to quit which will cost about 10,000 euro and take at least 6 months. Does he have any legal representation? a decent solicitor would fight back here on good grounds, he is being taken to the cleaners.
@Ciaran McQuaid: it’s because this attitude that so many landlords have sold up and that we have a rental crisis. Private Landlords get screwed in Ireland and Soon there will be none left
@John Keane: under the Covid Bill Court cannot evict. The RTB has been operating unlawfully all throughout the pandemic. The Covid Bill did not touch the powers of the RTB Board. The Covid Bill only goes through termination notices with extreme and exquisite detail. But the RTB Board has their power unaltered. The only difference is who give the approval now, the Oreachtas Committee.
The landlords are pressing to lift the bans …. before performing checks, monitoring the Dole landlords, those who are in the business thanks to government allowance …. there has been scams in other pandemic financial assistance so sure some landlords, and most of the Dole landlords have committed frauds
The bans should keep until anti fraud checks are performed. It might be the case a landlord kicks out tenants for rent in arrears while have enjoyed mortgage break and received financial allowance for the reduction of income ….. This is totally immoral
@Maria Quinn: what are you raving about? You do realise mortgage breaks have to be paid back with interest? Financial allowance for the reduction in income? You’re away with the faeries
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