Irish Tenant’s Noise Complaint Dismissed, Eviction Notice Deemed Invalid

A man in Dublin, Ireland, has failed to convince the Residential Tenancies Board (RTB) that noise disturbances at his flat warranted legal action against his landlord. While his claim of disruptive noise was rejected, the RTB ruled the landlord’s subsequent eviction notice invalid, allowing the tenant to remain in the property.

Details of the Case

Tadeusz Mirocha, a tenant at Rathgar Road, Rathgar, Dublin, alleged that Ocp Belgrave II General Partners Limited, his landlord, failed to ensure his peaceful enjoyment of the property. Mirocha, who has resided at the flat for nearly five years, presented 46 audio recordings as evidence, including sounds of a ticking clock and a dog barking, to support his claim of unnecessary noise disturbance.

The RTB tribunal listened to 33 of the submitted recordings. Mirocha, speaking through a Polish interpreter, further alleged that the landlord did not address constant noise issues and that false accusations of antisocial behavior were made against him by neighboring tenants. He suggested a deliberate effort to disrupt his tenancy and an “unethical conspiracy” against him.

Tribunal Findings

The tribunal acknowledged that Mirocha had received four warning letters, including one following a verbal dispute with a neighbor regarding music volume. Mirocha admitted to sending letters to neighbors expressing his concerns about noise but maintained this did not constitute harassment. An agent representing the landlord stated that tenants in four other flats had also complained about Mirocha’s behavior, but also noted that when other tenants were asked about noise levels, no complaints were reported.

The RTB noted a warning letter from May 2023 referencing allegations of derogatory racial language and intimidation towards another tenant. Three further warnings in 2024 detailed reports of harassment through unsolicited letters and threatening behavior, all of which Mirocha denied.

Despite the warnings, the tribunal found that the landlord did not conduct a “thorough investigative action,” such as speaking directly with tenants or attempting mediation. The evidence presented from other tenants was deemed hearsay and therefore unreliable. The tribunal could not conclude that Mirocha’s behavior was antisocial, emphasizing the high burden of proof required when seeking to evict a tenant.

Eviction Notice Invalidated

While the noise complaint was dismissed, the RTB determined that the eviction notice issued by Ocp Belgrave II General Partners Limited in February 2025 was invalid. Mirocha has been permitted to continue residing at the flat, paying a monthly rent of €1,212.

This case highlights the importance of thorough investigation and reliable evidence in tenancy disputes, particularly when considering eviction proceedings.