Dublin Tenant Awarded €1,000 After Tribunal Finds Seagulls Living in Water Tank and Ceiling Collapsed on Child’s Cot
A Dublin tenant whose water tank was inhabited by seagulls and whose child’s cot was struck by falling ceiling debris has been awarded more than €1,000 in damages following a Residential Tenancies Board (RTB) tribunal, The Irish Times reported. The total damages against landlord Ian Kingsnorth were initially set at €20,000 for failing to repair severe defects at the Little Strand Street property.
However, the final payout was reduced after deductions were applied for unpaid rent and restricted property access. The tribunal ultimately ordered the landlord to pay €1,032.40 within 28 days, describing an independent council inspection report on the home’s condition as damning.
Deteriorating Conditions and Damaged Roof at Little Strand Street
Stephen Russell told the tribunal that the property was in a poor condition from the start of his tenancy in 2020. Over time, structural issues worsened, leaving cracks in the walls and ceilings. In July 2024, ceiling plaster collapsed in the sitting room, an issue the tenant reported to the landlord.
Months later in December, what Russell believed to be a section of the roof blew off and landed in the garden of a local Garda station. He later discovered the debris was actually the cover of the water tank. Exposed to the elements, the water quality turned brown, and seagulls began living inside the tank. His family, including a newborn and another infant, drank and bathed in the water before falling constantly sick and requiring hospital visits.
Disputed Access and Breakdown of Landlord-Tenant Relations
The tenant’s partner eventually left the property with their children to stay with family in Balbriggan, while Russell began showering at a local gym. In February, after reporting that water was leaking through the bathroom ceiling and hot press with no repairs carried out, Russell stopped paying his monthly rent of €1,600. Kingsnorth responded that he would not hire anyone for repairs until rent payments resumed, creating what the landlord termed a stalemate.
An inspection organized by Fingal County Council in April of last year identified major noncompliance issues involving walls, ceilings, and water leaks. Around the same period, Kingsnorth stated that the tenant refused him access to inspect the property. Kingsnorth acknowledged he was aware of the defects by July 2024 and did not fix them, explaining to the tribunal that a roofer wanted to replace the entire roof immediately, but he was unhappy with the price quote.
Rent Arrears Reduce Final Damages Payment
The RTB tribunal reviewed photographic evidence of the defects provided by Russell and deemed his testimony compelling. It found that Kingsnorth failed to execute necessary repairs within a reasonable time frame, causing significant inconvenience and detriment to the tenant.
The initial €20,000 damages award was offset by more than €14,100 in accumulated rent arrears. An additional €4,800 was deducted because Russell failed to grant the landlord access to the property the previous year, resulting in the final payment order of €1,032.40.
Frequently Asked Questions About the RTB Ruling
When did Stephen Russell move into the Little Strand Street property?
Russell began his tenancy at the Dublin property in 2020, according to evidence presented to the Residential Tenancies Board tribunal.
What caused the water quality in the home to turn brown?
The water quality deteriorated after the water tank cover blew off in December and landed in a Garda station garden, exposing the tank to the elements and allowing seagulls to live inside it.
How much were the total damages reduced by before the final order?
The initial €20,000 award was reduced by more than €14,100 for rent arrears and a further €4,800 for denying the landlord access, leaving a final payment of €1,032.40.
When did Fingal County Council inspect the property?
Fingal County Council organized an inspection of the cottage in April of last year, which identified major noncompliance issues regarding the walls, ceilings, and water leaks.