Renter claims entitlement to reside in a higher-quality dwelling while leasing a more premium property instead.
In a recent ruling by the Residential Tenancies Board (RTB) tribunal, a notice of termination issued by landlord George Adegbite against tenant Ms Otobore Itobore was deemed invalid. The tribunal found that the notice did not support a genuine need for occupation by Adegbite, dismissing his claims of personal housing reasons.
The dispute arose when Adegbite attempted to increase Ms Itobore's rent, a move she declined. In response, Adegbite issued a notice of termination in February 2024. Ms Itobore claimed that the persistent and intimidating conduct from Adegbite created an atmosphere of fear and coercion, leading to her decision to leave in August 2024, which she described as not being voluntary but made "under duress."
The four-bedroom house purchased by Adegbite in 2021 is described as being superior in quality and location, with a gated entrance. Adegbite argued that he is entitled to choose where he wishes to reside and that if Ms Itobore had been living in one of his other rented properties, he would have left her there. He claimed the €1,750 in rent paid monthly by Ms Itobore was significantly below the market rate, which he put at €2,400.
However, the tribunal found that Adegbite's primary motive was not a genuine requirement for the house, but rather a pretext to seek a higher rent. The tribunal awarded no damages due to accepting that Ms Itobore voluntarily left the property. It is worth noting that under the recent and upcoming Residential Tenancies reforms effective from March 1, 2026, landlords with three or fewer tenancies may end a tenancy during a six-year term only for close family use or hardship, not for personal preference about living conditions.
Moreover, the tribunal deemed it inequitable to order Adegbite to pay damages given the loss of €18,000 due to the rent being below market rate. This ruling reflects a strong tenant protection stance, restricting landlords from evicting tenants for subjective personal convenience unrelated to immediate family needs or hardship.
The tribunal's decision also highlighted the stress experienced by Ms Itobore's autistic son, who refused to attend school due to the situation. Adegbite owns three other properties in Drogheda, Co Louth, and sought to terminate the tenancy of another four-bedroom house in Termon Abbey, which he claimed was the most expensive.
This incident serves as a reminder of the regulations in place to protect tenants from unfair eviction and rent increases. Landlords are advised to familiarise themselves with the Residential Tenancies Act and seek legal advice when in doubt. For tenants facing similar situations, the RTB provides a dispute resolution process where disputes about termination grounds can be mediated, adjudicated, or if necessary, appealed through a tenancy tribunal and onward to higher courts for points of law.
- In light of the recent ruling by the Residential Tenancies Board (RTB) tribunal, it seems that George Adegbite's investment in real-estate, particularly the four-bedroom house he purchased in 2021, might have been influenced by a desire to increase his finance through rent hikes, rather than a genuine need for personal housing.
- The ongoing housing-market dispute between Adegbite and Ms Otobore Itobore has shed light on the importance of tenant protection laws, as demonstrated by the RTB's decision to uphold her rights and prevent landlords from evicting tenants for subjective personal reasons unaffiliated with immediate family needs or hardship.
