Tenant in arrears restrained from dissipating inheritance below amount owed

Landlord and tenant – motions - landlord entered into a 12-month fixed term tenancy with the tenant – failed to pay rent – Notice of Termination – matter referred to the RTB - alleged lack of compliance with the Housing (Standards for Rented Houses) Regulations 2019 (S.I. 137/2019) – adjudication hearing - adjudicator determined the tenant owed the sum of €12,528.10 - tenant was awarded €1,500 in respect of the claim for breach of landlord obligations – appeal to Tenancy Tribunal - no appeal of the outstanding amount of arrears – arrears continued to accrue - sum as of the date of hearing is €48,750 – landlord issued motion seeking to compel the tenant to maintain the sums she will receive from her mother’s estate pending the determination of the appeal and/or not dissipating the amount she will receive as part of her inheritance pending the determination of the appeal – RTB seeks an Order directing the tenant to pay €45,000 to the landlord or other appropriate party being rent arrears owing to the landlord - wording of s.123(2) makes it absolutely clear that a determination order is not binding on the parties if an appeal is lodged within time to the High Court - the determination order of the Tribunal directed payment of the sum of €25,359.50 - obligation has not come into force because an appeal has been lodged - irrespective of the outcome of the appeal, the tenant will have an obligation to pay all the outstanding rent less any deductions because she is not appealing the finding in respect of her obligation to pay rent - no possibility of holding the line in respect of a matter the subject of a determination under appeal where the legislature has already determined how that line should be held - tenant already has an obligation to continue to pay the monthly rent pursuant to the tenancy agreement and it is made clear by s.86 that this obligation is not in any way suspended or set aside by a dispute in relation to that tenancy agreement – no order made in relation to the RTB’s motion – order would in fact undermine the purpose of s.86 which makes it clear that the obligation under the tenancy agreement remains extant during the life of a dispute – Court satisfied that the landlord will obtain an Order against the tenant directing she pay the unpaid rent - landlord has provided compelling evidence that the tenant will receive some money from her mother’s estate - landlord has not identified that the tenant is intending to take steps to ensure that her share of her mother’s estate when received by her will not be available when judgment is given against her - tenant’s behaviour to date – Court satisfied there is a real concern as to whether she would use her inheritance to pay the outstanding rent or whether she might seek to avoid doing so - balance of convenience favours making an amended version of the Orders sought, given that such an Order will not deprive the tenant of any monies at present since the estate has not yet been distributed – order preserving the position in relation to the repayment of rent arrears, since it will go at least some way towards ensuring that there are monies available to discharge the debt that the tenant will owe when the appeal is concluded - clear that damages are not an adequate remedy – tenant restrained from dissipating any amount received as beneficiary from her mother’s estate below the amount due in arrears of rent - Mareva-type injunction.