European Property Fund set to withdraw Tyrrelstown eviction notices

The firm that served eviction notices on dozens of households in Tyrrelstown, Dublin, in March looks set to concede that all notices are invalid.

At the Residential Tenancies Board yesterday, European Property Fund agreed that a termination notice served on Maria Aioanei, of Cruise Park, Tyrrelstown, was invalid. It was the second of 14 cases taken by Cruise Park residents challenging the eviction notices due before the board.

Last month at the Residential Tenancies Board the investment fund accepted that an eviction notice served on Funke Tobun and her husband, Ademola, also of Cruise Park, was invalid.

Media are not permitted to attend adjudication hearings at the board, but, speaking after yesterday's hearing, Tim Dixon, representing Ms Aioanei, said the eviction notice had been withdrawn, with an admission it was invalid as it did not comply with the 2004 Residential Tenancies Act.

In the notice, European Property Fund gave intention to sell as the reason for seeking possession of the property.

However, in a separate case before the High Court last month, Mrs Justice Marie Baker ruled that a notice, which failed to specifically state that the receiver intended to conclude a contract to sell the property within three months of termination, did not meet requirements. A mere intention to sell was not sufficient to terminate, she ruled.

Some 12 further cases by Tyrrelstown residents challenging the European Property Fund notices on the same grounds, are due before the board in the coming weeks.

Ms Aioanei said she was “delighted”. She said the European Property Fund representative had also undertaken to reimburse her €290 for repairs to the house, which she shares with her partner, her sister, her sister’s partner and their baby.

They pay €1,350 a month in rent.