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RTB tribunal orders landlord Gerda McLoughney to pay former tenant Fernando Lima €19,522.50 after she used his Dublin apartment for short-term lets despite claiming she needed it for her own occupation.
A Dublin landlord in her 80s, Gerda McLoughney, has been ordered to pay almost €20,000 to her former tenant, Fernando Lima, after a Residential Tenancies Board (RTB) tribunal found she used the apartment for short-term letting s despite claiming she needed it for her own occupation. The tribunal awarded €19,522.50 to Lima, who had paid €1,200 in rent at the apartment on Stephen Street Lower, Dublin 2, before leaving in January 2024.
Eviction Notice and Short-Term Letting Dispute
McLoughney issued a notice of termination to Lima in July 2024, stating she planned to move into the apartment with her husband. Lima moved out and later became aware in July last year, months after leaving, that the apartment in Drury Hall appeared to be occupied by someone else. He submitted a video that clearly showed another person staying in the apartment, who confirmed he was there on a short-term basis.
Lima argued that McLoughney was offering short-term lets despite the false claim that she needed the property for her own occupation. He said he believed she wanted to rent at a higher price to someone else.
Tribunal Hearing and Landlord's Defense
McLoughney's representative, Anne-Marie Matthews, told the tribunal that her intention to move into the apartment was genuine when she issued the eviction notice. However, she said McLoughney's husband died in May last year, which caused a significant change in her circumstances and delayed her moving.
Matthews said McLoughney did not deny using the apartment for short-term lets but that this was arranged in the meantime so the property would not be vacant for an extended period. In hindsight, Matthews accepted that Lima should have been offered an opportunity to move back in. However, she said McLoughney was never motivated by personal gain and had never put pressure on Lima to leave.
Asked why a couple in their 80s would want to occupy the apartment, Matthews said McLoughney and her late husband always intended to use it in later life.
Compensation and Financial Impact
Lima sought more than €30,000 in compensation, telling the tribunal the episode and related financial pressure significantly worsened his stress and anxiety. He said he was already receiving treatment for an anxiety disorder at the time.
Lima had been paying €1,200 in rent at Drury Hall until he left in January last year. He moved to a two-bedroom apartment in Grand Canal Harbour, which cost him €2,650 per month for a year until another tenant rented the second room, and he has been paying €1,550 per month since.
Lima was seeking more than €10,584 for the increased rent, alongside €10,000 for stress, anxiety and pressure caused by the urgent relocation. He sought a further €9,500 in aggravated damages, though the RTB does not have jurisdiction to make such an award.
Noting that Lima had been paying a higher rent, Matthews argued his new tenancy was an improved one and that the accommodation was better, which she believed was relevant to his claimed loss. She said she did not believe Lima had suffered the harm that he has claimed for. She also argued Lima had pre-existing anxiety and McLoughney should not be responsible for his upset.
RTB Ruling and Award Details
Although it accepted the death of McLoughney's husband may have caused a genuine change in her plans, the tribunal said this did not relieve her obligation to offer the apartment back to Lima. The tribunal said the apartment should have been offered back to Lima on May 18th, 2025, the date of her husband's death, adding that Lima was unjustly deprived of possession from this date onwards.
Given that the tenancy would have run until 2027, the tribunal awarded Lima €19,522.50, which was the difference in the rent he had paid and will have paid by then. The sum also includes €2,500 in damages for the exacerbation of an existing stress disorder.
Gerda Mcloughney Fernando Lima Residential Tenancies Board Dublin Short-Term Letting Eviction Tenant Compensation
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