Family locked out of rented home by sheriff allowed to return

A family which was locked out of its rented home by a sheriff without notice have been allowed to return .

The Irish Times reported earlier this week that Ventsislava Lyubenova, her husband Ivaylo Siromashki, and their son, Angel (10) were locked out of the apartment they had rented since 2009 in Blanchardstown, west Dublin for almost two weeks.

The Private Residential Tenancies Board (PRTB) has secured an interim injunction to permit Ms Lyubenova and her family to re-occupy an apartment from which they had been excluded following the grant of an Order for Possession in favour of EBS Limited against her landlord.

On the afternoon of November 20th, Mr Siromashki returned home to find the locks changed and a notice on the front door saying the property had been repossessed by the Dublin County Sheriff, on behalf of the EBS Building Society. “Please do not enter the premises as it is an offence,” it said.

Ms Lyubenova said they received no notice that the property was being repossessed.

She contacted solicitor Brendan Maloney, who advised her that while he would like to go into court seeking an injunction against the eviction, the PRTB would have to adjudicate first on the legality of the eviction.

The family spent the night of November 20th sleeping in their car before being able to get temporary accomodation with friends.

Ms Lyubenova said she always ensured that the rent was paid on time to the landlord and had no notice of the proceedings against her landlord prior to the order for possession being granted against her landlord.

The Dublin County Sheriff’s Office had confirmed it took possession of the property, which it said was vacant at the time, on behalf of the EBS. It said solicitors for the EBS confirmed there was a tenant in the property who was on notice of the proceedings.

Mr Eoghan Cole BL for the PRTB told Dublin Cicuit Court it appeared from what was known to the PRTB that EBS Limited may have been unaware of the existence of the tenancy at the time when an Order for Possession was made in May.

Mr Cole said the available evidence indicated that it probably became aware of somebody residing in the property prior to October 23rd when the Execution Order for Possession was issued.

He said it was arguable that the purported termination of the tenancy was unlawful.

A spokesman for the PRTB welcomed the decision of the court to reinstate the tenant and her family.

He said the decision sends a clear message that tenants rights under the Residential Tenancies Act 2004 must be respected, regardless of whether the premises is being repossessed.

The case returns to court next week.