Woman’s case over ‘€70,000 damage’ to Dublin house resolved

A woman's High Court action against Dún Laoghaire-Rathdown Co Council arising out of the extensive damage caused to her property after she rented it out has been dismissed.

The action was taken by Joanne Penston who told the court that when she re-entered the three-bed house at Rollins Villas, Sallynoggin in 2013, five years after she had leased it, "every square and every corner" was damaged.

Ms Penston, a childcare worker, claimed almost €70,000 worth of damage was done to the property.

Her damages claim against the council arising out of the tenancy opened on Tuesday, before Ms Justice Marie Baker. On Wednesday her counsel Mark de Blacam SC told the court that matters had been resolved and it was agreed that the case could be dismissed.

In her evidence Ms Penston said the property, which she now lives in, was devastated and in a state of “chaos” after she retook possession of it from the tenants in March 2013.

She said there were holes in the walls, a bed was cut in half and there were mattresses in the garden, which was covered in rubbish as the tenants had not used wheelie bins.

Copper piping, a washing machine and floorboards had been removed and many windows and all the doors in the house were damaged and were off their hinges, she said.

Fluids

Blood and other fluids were on the floors, which were also covered in material ranging from needles and broken glass beer bottles to broken toys, she said.

There were no furnishings left and the upstairs toilet did not function.

In her action Ms Penston claimed she had entered into agreements with the council, under the rental accommodation scheme (RAS), in respect of the tenancy, which involved the council paying the rent.

She claimed the council nominated the tenants, who took up residency by early 2008, and had represented to her they were suitable tenants and had been vetted. She said she relied on those representations when entering into the letting agreements.

However, she alleged the tenants did not take care of the property and the representations made to her by the council were false and negligently made.

The council denied liability.

It denied nominating the tenants and claimed they had moved in before April 2008, when the tenancy agreement was entered into between the council and the landlord. The council also denied it made any of the alleged representations to Ms Penston or that it was negligent or in breach of its duty of care to her.