Former church sexton ordered to leave her home

Eileen Walsh given less than a fortnight to quit the house she has lived in for 35 years

The former sexton and caretaker of St Catherine’s and St James’s church and school in Dublin was on Thursday given less than a fortnight to quit the house she has lived in for the past 35 years.

Barrister Ruth Cannon, for the representative body of the Church of Ireland, told the Circuit Civil Court that the body had provided Eileen Walsh with a tenancy of 90 Elford Terrace, Donore Avenue, Dublin 8, in 1982.

Ms Cannon told Judge Jacqueline Linnane that the church body had made an application to the Residential Tenancies Board's dispute resolution service in late 2011 and had been granted a termination order against Ms Walsh.

David Ritchie, chief officer and secretary of the church's representative body, stated in an affidavit that on September 2nd, 2011, Ms Walsh's employment as sexton and caretaker of St Catherine's and St James's church and school had been terminated on notice.

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She had been told her occupation of 90 Elford Terrace was dependent on her employment in that role.

Mr Ritchie said an adjudication hearing had taken place on her tenancy.

An order terminating the tenancy had then been made by the tenancies board and served on Ms Walsh by the house’s landlord in September 2011.

Ms Cannon said the tenancies board had directed Ms Walsh and all persons residing in the dwelling, including her son David, to vacate and give up possession of the property.

Appeal

In 2015, Ms Walsh had appealed the order on a number of issues.

The judge heard that a tenancies appeal tribunal had upheld the board’s decision as valid and directed that Ms Walsh and all residents should leave within 56 days.

Ms Cannon said this period was now well expired.

She said that, since Ms Walsh had not appealed the issue to the High Court and had continued to fail to comply with the terms of the termination, the church body was asking the court to enforce the order.

The judge directed that the tenancies board determination of November 2015 be enforced and ordered Ms Walsh and her son, and anyone else in occupation, to vacate the house within 10 days.

The judge also granted the church body an order for possession.

She refused to make an order for legal costs against Ms Walsh.