A family of eight was ordered to be immediately reinstated to their rental property in Ongar Village, west Dublin, following allegations of an unlawful eviction carried out by their landlord, Imtiaz Khan, a practicing solicitor and principal of IMK Law.
Details of the Case
Judge Brian Cregan issued the orders on Monday, describing the alleged circumstances as “appalling.” The court heard that Muhammad Amjad, his wife, and their six children were forcibly removed from their home last Saturday following what was described as sustained threats, intimidation, and interference.
According to a sworn statement from Amjad, Khan allegedly wielded a hammer during the eviction, shouldered him, and threatened to strike him if he did not leave within three minutes, also warning he would discard the family’s possessions. Amjad stated his children were present and “visibly traumatised.” He further alleges that Khan and IMK Property Investment Limited subsequently changed the locks.
Barrister David O’Brien, representing Amjad, stated the eviction occurred in “complete circumvention” of a claim Amjad had filed with the Residential Tenancies Board (RTB). O’Brien also noted the family has been residing in the sitting room of a relative’s “tiny” apartment, and the children were unable to attend school on Monday due to the distance.
The judge’s orders temporarily restrain Khan and IMK Property from interfering with the family’s access to the property, harassing or intimidating them, or damaging their belongings. They also require the restoration of full possession, including the return of keys and removal of any obstructions.
What Happens Next?
The defendants, Khan and IMK Property, have not yet had an opportunity to respond to the allegations. Amjad’s lawyers have been directed to serve them with the orders and notify them of a return court date on Tuesday. At that time, they will have the opportunity to challenge the orders or present their defense. It is possible the court could uphold the orders, modify them, or ultimately dismiss the case depending on the evidence presented.
Frequently Asked Questions
What specifically did the judge order?
The judge ordered that Imtiaz Khan and IMK Property immediately restore possession of the property to Muhammad Amjad and his family, including delivering any keys and removing obstructions to access. They are also prohibited from interfering with the family’s quiet enjoyment of the premises, harassing them, or damaging their property.
Was a notice of termination issued?
Amjad stated he received a notice of termination, but was advised by the tenant support charity Threshold that it was invalid, and that the landlord had failed to comply with obligations.
What is the landlord’s profession?
Imtiaz Khan is a practicing Dublin solicitor and the principal of IMK Law.
As this case unfolds, it raises questions about the protections afforded to tenants and the responsibilities of landlords in ensuring lawful and respectful housing practices.
