*Photograph: Martin Connolly
CLARE TD, Violet Anne Wynne (IND) had an invalid eviction notice served on her by her landlord.
Patricia Warshell who has been letting a property on the main street of Clarecastle to Deputy Wynne and her family for €1,200 a month since August 2023 told a tribunal hearing that beds being suspended from the ceiling was the “last straw”.
Having rented the property through the Repair and Leasing Scheme, it meant the family could live there for ten years if repairs were carried out to the Clarecastle property. Shortly after the tenancy commenced, a dispute arose.
When bringing a case to the Residential Tenancies Board (RTB), the landlord claimed Ms Wynne was overholding in the house after a notice of termination had been issued. She also sought compensation “for damages in excess of normal wear and tear”.
Ms Warshell told the RTB that her property had been vacant for some time as it was in “poor condition” and had no working boiler. She considered letting it through the Repair and Leasing Scheme, which seeks to bring vacant properties in need of refurbishment back into use for social housing. It is aimed at owners who cannot afford to carry out repair works themselves.
Ms Warshell said she contacted Ms Wynne to discuss the scheme as she was aware she had dealings with the Council through her role as a Clare TD. She claimed Ms Wynne indicated she had been made homeless and was looking for somewhere to live.
Her partner, John Montaine, works as a tradesman and Ms Wynne said he would be able to carry out the necessary repairs to the property.
In May 2023, a lease signed with the tenancy due to start in August and a deposit of €1,200 was paid to hold the house. An agreement was reached that the tenancy would last ten years and repairs would be carried out throughout that time.
Speaking before the RTB, the landlord said she called to the house on September 25 and “was taken aback by the condition of the house”. She said beds had been suspended from the ceiling and claimed she “had never agreed” to this, describing it as “the last straw”.
Ms Warshell subsequently issued a warning notice, claiming the tenants were in breach of their lease by carrying out “unauthorised works” and asked them to remedy matters straight away.
An undated eviction notice was then sent in October.
In her evidence, Ms Wynne said her personal and political life had been interrupted as a result of her housing situation and she could not meet the requirement of attending the Dáil for 120 days.
She said they had to use spray foam to repair holes in the ceiling and also had to get Rentokil in as there was evidence of a rodent problem in the attic area.
Ms Wynne enrolled her children in the local school and intended to start repair works in July 2023. The Clare TD said communication with Ms Warshell was “very poor” as claimed she would “continually change her mind” and appeared to forget agreements made between them.
When the RTB asked why they had not compiled a list of the agreed works that needed to be carried out, she said Clare County Council carried out an inspection and produced a report setting out what was needed to bring the house up to a proper standard.
Ms Wynne said she sought advice from housing charity Threshold, which said the notice of termination was defective as it had no date. She said she did not remove the beds from the ceilings as the landlord had told her to “make the house their home”.
She told the RTB they had improved the property and it was in a “much better condition” than when they first moved in.
The RTB ruled that the notice of termination was invalid. It said that a tenancy can be terminated if a warning notice has been issued and the tenant fails to comply with it.
However, the warning notice required the tenants to restore the property immediately, which the RTB found was “not a reasonable request”.
The fact there was no date on the eviction notice was “fatal to the validity”. The landlord’s claim for damages was also rejected.
Deputy Wynne told The Irish Independent she is still living in the property in Clarecastle and has lodged her own dispute with the RTB regarding the standard and maintenance of the house. She said the beds were suspended to create more space for her children to do homework and play in the rooms as there were only three bedrooms in the property.
Prior to her election as a TD in February 2020, it emerged that Ms Wynne and her partner had rent arrears of €12,126 over a four year period dating to June 3rd 2016. Under the letting agreement dated December 1st 2011, a weekly rent of €63.64 was set. The family remained in the Tullycrine house for six years. The Offaly native insisted that the couple paid twelve months rent and a deposit until they began to experience financial difficulties.
