A woman who claimed she rented an apartment for "around 12 years" with her partner before he died has lost an unlawful termination case after the Residential Tenancies Board (RTB) ruled she was not a tenant of the property.
According to the Irish Independent, Mary O’Reilly said she had been living with her partner, Tommy Goldrick, in an apartment in Stonebridge Court, Railway Road, Co Cavan, after they started a relationship in 2010. Mr Goldrick died in December 2023.
Ms O’Reilly lodged a dispute with the RTB after alleging the landlords, Emma O’Neill and Sean O’Neill, illegally evicted her and prevented her from getting her belongings. In October 2023, Ms O'Reilly said she went to the property and engaged a locksmith to open the door. She told the RTB that the landlord arrived and was angry.
Garda Emmet Harte gave evidence that he received a call on October 13, 2023, from Mr O'Neill, who reported an attempted break-in at the dwelling. He said the landlord had told him that Mr Goldrick, his tenant, was terminally ill and had given him specific instructions not to let anyone enter the apartment.
The Irish Independent reported today that a nurse who cared for Mr Goldrick while he was in Cavan General Hospital gave evidence in court. She said she had details of a conversation that had taken place between Mr Goldrick and Ms O’Reilly in her medical notes Mr Goldrick was recorded as asking the applicant why she attempted to break the locks to get into the apartment. Nurse Olivia Donohoe said Mr Goldrick was firm in his belief that the apartment was his.
While Ms O’Reilly claimed she had signed an agreement, the RTB said it could not consider this without written proof. It was decided that Ms O’Reilly was not a tenant within the meaning of the Residential Tenancies Act and resided in the apartment as a licensee. Therefore, the RTB determined that it did not have jurisdiction to deal with Ms O’Reilly’s complaints and her claim that she was unlawfully evicted was not upheld.
