The High Court dismissed an appeal by a landlord challenging the jurisdiction of the Residential Tenancies Board (RTB) to determine a tenancy dispute concerning an alleged unlawful eviction. The landlord argued that only the owner of a property could be considered a 'landlord' under relevant law and contended he acted as agent for his wife, the purported owner. The court found that the RTB had acted within its powers, holding that ownership was not required to establish the status of 'landlord' if rent was paid and a tenancy agreement (oral or written) entered into. The landlord failed to substantiate his agency or non-ownership claims. The judge upheld the RTB Tribunal’s decision awarding damages to the tenants, concluding that the evidence supported the existence of a tenancy, and the Tribunal did not err in law.
High Court – Residential Tenancies Board – appeal dismissed – unlawful termination of tenancy – landlord definition – property ownership – oral tenancy agreement – proof of agency – damages awarded – Residential Tenancies Acts 2004-2021 – Deasy’s Act – jurisdiction – burden of proof – RSC Order 84C – nemo dat quod non habet (no one gives what they do not have)