Dylan Mooney told the court that eviction would be devastating for his family leaving them with nowhere else to live and putting their eight month baby on the street.
A JUDGE HAS refused to evict an eight month old baby, its parents and two siblings on to the street because Dun Laoghaire-Rathdown County Council claimed they did not meet the criteria for the tenancy of a two-bed house in Co Dublin.
Lorry driver Dylan told his counsel Sean Beatty that eviction would be devastating for the family leaving them with nowhere else to live and putting their eight month baby on the street. The judge heard that Mooney’s mother at the age of 57 had come home from hospital in the last week of her fight against cancer to die in the presence of her family in the St Kevin’s Villas where she had lived with her son, Dylan, from his birth.
The council claimed he failed to meet all of the criteria, missing the 10 year requirement by a year and two months.He had moved back into the house following his mother’s death and had been joined by his wife and two children.The council described him to the court as a trespasser and had been granted a possession order in the District Court.
“It is accepted by the council that Mr Mooney had been included in the rent assessment for his mother which is a significant factor,” the judge said. The judge said the question was whether it was proportionate and reasonable to grant what was essentially an eviction order and it was his view that it would be disproportionate and unreasonable in all of the circumstances.
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