{"id":153228,"date":"2025-10-30T11:37:07","date_gmt":"2025-10-30T11:37:07","guid":{"rendered":"https:\/\/www.europesays.com\/ie\/153228\/"},"modified":"2025-10-30T11:37:07","modified_gmt":"2025-10-30T11:37:07","slug":"man-fails-in-attempt-to-make-landlord-liable-for-tenants-behaviour-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/ie\/153228\/","title":{"rendered":"Man fails in attempt to make landlord liable for tenant\u2019s behaviour \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">The owner of an apartment in Co <a href=\"https:\/\/www.irishtimes.com\/tags\/laois\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/laois\/\">Laois<\/a>, who claimed he was spat at and assaulted by the tenant of another apartment in the complex, has failed in his attempt to have the tenant\u2019s landlord sanctioned by the <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<\/a> (RTB). <\/p>\n<p class=\"c-paragraph paywall \">Lucian Bozdog alleged he was spat upon and assaulted, both physically and verbally, by the tenant at The Birches, Kilnacourt Woods, Portalington. <\/p>\n<p class=\"c-paragraph paywall \">Mr Bozdog took a third-party action against the tenant\u2019s landlord, Brigid Houlihan, claiming she had failed in her duty to address the tenant\u2019s alleged antisocial behaviour. <\/p>\n<p class=\"c-paragraph paywall \">Mr Bozdog told the RTB tribunal that he experienced significant issues with his neighbour before the alleged assault on February 10th, 2025. As a result of the incident, he had to attend hospital, he said.<\/p>\n<p class=\"c-paragraph paywall \">He said the incident was reported to the managing agent of the complex and the Garda. <\/p>\n<p class=\"c-paragraph paywall \">Mr Bozdog said the alleged problem with Ms Houlihan\u2019s tenant began in 2023, when the tenant arrived. <\/p>\n<p class=\"c-paragraph paywall \">Mr Bozdog contended that such conduct amounts to unacceptable and antisocial behaviour and constitutes a breach of tenant obligations under the Residential Tenancies Acts. He said residents are entitled to live in peace without being threatened or assaulted and Ms Houlihan, as the tenant\u2019s landlord, should have taken action. <\/p>\n<p class=\"c-paragraph paywall \">He also alleged that the management company and the tenant are connected and that the management company did not provide him with the landlord\u2019s contact information.<\/p>\n<p class=\"c-paragraph paywall \">Mr Bozdog said that he has never had any interaction with Ms Houlihan.<\/p>\n<p class=\"c-paragraph paywall \">Mr Bozdog\u2019s wife, Loredana Bozdog, gave evidence the couple remain concerned about being followed, that the tenant spits and curses at them, and that he is verbally aggressive. She said that although garda\u00ed told the tenant to stay away, he continues to verbally abuse them.<\/p>\n<p class=\"c-paragraph paywall \">She said they want the tribunal to ensure that the tenant does not involve himself with their family, that they will continue to try to stay away from him, and that he should not interact with them. They said they do not want conflict, but that he is aggressive and abusive to others, not just to them.<\/p>\n<p class=\"c-paragraph paywall \">In its determination, the tribunal noted \u201cthe detailed submissions\u201d of Mr and Mrs Bozdog. <\/p>\n<p class=\"c-paragraph paywall \">The tribunal also noted Section 15 of the Residential Tenancies Acts imposes on a landlord the duty to enforce a tenant\u2019s obligations toward \u201ceach person who could be potentially affected\u201d by a tenant\u2019s actions. <\/p>\n<p class=\"c-paragraph paywall \">\u201cHowever,\u201d the tribunal determined, \u201cthe statutory duty presupposes that the landlord is, or ought reasonably to be, aware of the tenant\u2019s conduct giving rise to the breach.\u201d<\/p>\n<p class=\"c-paragraph paywall \">Having considered all of the evidence, the tribunal found the Bozdogs did not provide evidence that they had informed the landlord of their complaints before they lodged their dispute.<\/p>\n<p class=\"c-paragraph paywall \">Therefore, it said it \u201ccannot conclude that the landlord was in breach of her obligations under the Act. <\/p>\n<p class=\"c-paragraph paywall \">The tribunal ruled the application from the Bozdogs was not upheld. The tenant was not named. <\/p>\n","protected":false},"excerpt":{"rendered":"The owner of an apartment in Co Laois, who claimed he was spat at and assaulted by the&hellip;\n","protected":false},"author":2,"featured_media":153229,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[73],"tags":[79,18,19,17,11763,41275],"class_list":{"0":"post-153228","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-business","8":"tag-business","9":"tag-eire","10":"tag-ie","11":"tag-ireland","12":"tag-laois","13":"tag-residential-tenancies-board-prtb"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@ie\/115462920179037893","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/153228","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/comments?post=153228"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/153228\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media\/153229"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media?parent=153228"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/categories?post=153228"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/tags?post=153228"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}