Dublin woman (79) ordered to quit lifelong residence

A judge has described a woman's lifelong residence as not unlike a haunted house on a Hollywood film set

A judge has described a woman's lifelong residence as not unlike a haunted house on a Hollywood film set. Ordering Ms Jane Bardin (79) to quit her firstfloor city-centre apartment in Capel Street, Judge Liam Devally said in Dublin Circuit Civil Court yesterday he had visited her to view conditions for himself.

He said the apartment was the only one still inhabited in the building at Capel Street where she had lived since the mid-1920s. She and her two dogs were the sole remaining residents in what could only be described as a backdrop to a Steptoe and Son television serial.

"The rooms are damp and littered with plastic bags full of clothing and personal memorabilia, which create a distinct fire hazard," the judge said.

In ordering Ms Bardin to give up possession of her £1.25 a week apartment to the landlord, Ms Anne Eastwood, he felt he was doing her a favour in terms of health and safety.

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"It is home to her, and she loves it nevertheless," Judge Devally said. "But the building is in dire need of refurbishment, and the only way she can be got out of it is by court order."

He said Ms Eastwood, of Carndonagh, Marlborough Road, Dublin, had satisfied the court she could raise the necessary £200,000 for the building's refurbishment and he felt he should grant her the possession order she sought.

Judge Devally, in a reserved judgment, said Ms Bardin had been offered alternative accommodation in nearby Parnell Place but had turned it down.

Under Section 16 of the Housing (Private Rented Dwellings) Act, 1982, he was entitled to award Ms Bardin money to compensate her for legal costs and the expense of moving and finding new accommodation.

Judge Devally said the accepted practice was to award a sum to the value of three years' rental based on the market rate of other accommodation in the area. He had obtained evidence that £700 a month or £8,400 per annum was the going rate for the area and awarded her £26,000 inclusive of removal and legal costs.

Judge Devally told Ms Helen Bradford, counsel for the landlord, that the courts had to take the utmost care when dealing with the elderly, and it was for that reason he had personally inspected the overall premises.