{"id":644510,"date":"2026-10-04T12:56:10","date_gmt":"2026-10-04T12:56:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/644510\/"},"modified":"2026-10-04T12:56:10","modified_gmt":"2026-10-04T12:56:10","slug":"tenant-who-lived-in-car-for-months-with-partner-and-child-due-to-rent-hike-awarded-damages-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/644510\/","title":{"rendered":"Tenant who lived in car for months with partner and child due to rent hike awarded damages \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">A <a href=\"https:\/\/www.irishtimes.com\/tags\/kildare\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/kildare\/\">Kildare<\/a> tenant who said he had to live in a car with his partner and young child for months as he could not afford an invalid rental increase has been awarded almost \u20ac16,000 in damages and overpaid rent.<\/p>\n<p class=\"c-paragraph paywall \">A <a href=\"https:\/\/www.irishtimes.com\/tags\/residential-tenancies-board-prtb\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/residential-tenancies-board-prtb\/\">Residential Tenancies Board (RTB)<\/a> tribunal heard landlord David Massey also allegedly sought a \u201cgoodwill payment\u201d from the \u201cdesperate\u201d family to secure the house in Kilbelin Close, Newbridge.<\/p>\n<p class=\"c-paragraph paywall \">Dylan Keating, who had been approved for the <a href=\"https:\/\/www.irishtimes.com\/tags\/homeless-crisis\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/homeless-crisis\/\">Homeless<\/a> Housing Assistance Payment (HAP), began renting the property from Massey in December 2022.<\/p>\n<p class=\"c-paragraph paywall \">Rent had previously been set at \u20ac1,650, meaning the highest Massey could charge Keating was \u20ac1,683 under <a href=\"https:\/\/www.irishtimes.com\/tags\/rent-pressure-zones\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/rent-pressure-zones\/\">Rent Pressure Zone (RPZ)<\/a> rules, which restricted increases to  2 per cent per year.<\/p>\n<p class=\"c-paragraph paywall \">However, Keating claimed Massey told him another party was willing to pay more and it was suggested he pay an additional \u20ac200 per month, bringing the rent to \u20ac1,883.<\/p>\n<p class=\"c-paragraph paywall \">Massey, however, claimed the \u20ac1,883 was agreed \u201cat the outset\u201d, though he accepted he \u201coverlooked\u201d the  2 per cent rule.<\/p>\n<p class=\"c-paragraph paywall \">Keating agreed to pay the \u20ac200, saying he was previously homeless and \u201cdesperate\u201d to secure a home for his family. He also claimed Massey had asked \u201cwhat else he could offer\u201d, and suggested a \u201cgoodwill payment\u201d of \u20ac1,000, which Keating said he paid in cash.<\/p>\n<p class=\"c-paragraph paywall \">Massey claimed Keating had offered the payment, but  that he \u201cdefinitely\u201d did not receive it.<\/p>\n<p class=\"c-paragraph paywall \">About three months after they moved in, the monthly \u20ac200 top-up was increased to \u20ac466, with Massey telling the tribunal it had emerged HAP was only covering \u20ac1,417 of the rent.<\/p>\n<p class=\"c-paragraph paywall \">On December 23rd, 2024, Keating received a notice of termination from Massey, who said he intended to sell the house.<\/p>\n<p class=\"c-paragraph paywall \">Massey, who said he changed his mind once he realised he would be \u201chit\u201d with a <a href=\"https:\/\/www.irishtimes.com\/tags\/capital-gains-tax-cgt\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/capital-gains-tax-cgt\/\">capital gains tax<\/a> bill of \u20ac50,000 upon sale, then offered Keating a new lease.<\/p>\n<p class=\"c-paragraph paywall \">The new lease set the rent at \u20ac2,150, meaning the top-up payment would be increased to \u20ac766.<\/p>\n<p class=\"c-paragraph paywall \"> Keating claimed Massey also sought a further deposit of \u20ac1,750, which Massey said he did not recall.<\/p>\n<p class=\"c-paragraph paywall \">Unable to afford the new rent, Keating and his family left the house, telling the tribunal he and his partner lived in their car for six months with their child, who was less than 12 months old at the time.<\/p>\n<p class=\"c-paragraph paywall \">He argued Massey \u201cforced\u201d them \u201cinto homelessness\u201d.<\/p>\n<p class=\"c-paragraph paywall \">The couple\u2019s two other children lived with both sets of grandparents at the time, Keating said, adding they were \u201coverwhelmed by the family being split up\u201d. The family ultimately moved into a property provided by the council last December.<\/p>\n<p class=\"c-paragraph paywall \">Noting Massey had increased the rent by 14 per cent from \u20ac1,650 to \u20ac1,883, despite the RPZ rules, the tribunal found Keating had overpaid more than \u20ac7,000 in rent from 2023 to 2025.<\/p>\n<p class=\"c-paragraph paywall \">It said the landlord had \u201cignored the legal provisions around rent\u201d and \u201cattempted to impose a higher-than-permitted rent\u201d, and ordered him to repay the sum.<\/p>\n<p class=\"c-paragraph paywall \">The tribunal found Massey\u2019s conduct amounted to an \u201cabuse\u201d of the termination procedure, saying a termination on the grounds of sale cannot be used to \u201cplace pressure\u201d on a tenant to accept an invalid rent review.<\/p>\n<p class=\"c-paragraph paywall \">It was satisfied Keating left the house as a consequence of the notice and Massey\u2019s \u201creliance on that notice as leverage for the invalid rent review\u201d.<\/p>\n<p class=\"c-paragraph paywall \">The tribunal ordered Massey to pay \u20ac7,500 in damages, which it said was proportionate to the \u201cseriousness of the breach\u201d and the six-month period Keating and his family spent homeless.<\/p>\n<p class=\"c-paragraph paywall \">It also accepted Keating\u2019s evidence that he paid \u20ac1,200 in cash, being the \u201cgoodwill payment\u201d and the initial \u20ac200 top-up, which it ordered Massey to repay.<\/p>\n","protected":false},"excerpt":{"rendered":"A Kildare tenant who said he had to live in a car with his partner and young child&hellip;\n","protected":false},"author":2,"featured_media":644511,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[6724,93,3663,61,60,3770,13843,13696],"class_list":["post-644510","post","type-post","status-publish","format-standard","has-post-thumbnail","category-entertainment","tag-capital-gains-tax-cgt","tag-entertainment","tag-homeless-crisis","tag-ie","tag-ireland","tag-kildare","tag-rent-pressure-zones","tag-residential-tenancies-board-prtb"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/644510","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=644510"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/644510\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/644511"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=644510"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=644510"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=644510"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}