A Kildare tenant who said he lived in a car for months with his partner and young child after refusing an invalid rent increase has been awarded almost €16,000 by the Residential Tenancies Board (RTB), irishtimes.com reported. Dylan Keating received the payout following a tribunal ruling that found landlord David Massey abused termination procedures and ignored legal rent pressure zone regulations.
Kilbelin Close Tenancy Began in December 2022
Dylan Keating started renting the property at Kilbelin Close in Newbridge in December 2022 after approval for the Homeless Housing Assistance Payment (HAP). The previous rent on the house was set at €1,650. Under Rent Pressure Zone (RPZ) rules restricting annual increases to 2 per cent, the maximum legal rent Massey could charge was €1,683.
Keating told the tribunal that Massey stated another party was willing to pay more and suggested a €200 monthly addition, raising the rent to €1,883. Keating agreed to the payment because he was previously homeless and desperate to secure a home for his family. Massey claimed the €1,883 figure was agreed at the outset, though he accepted he overlooked the 2 per cent limit.
Cash Goodwill Payment and Rental Top-Up Disputed
Keating stated that Massey asked what else he could offer and suggested a €1,000 goodwill payment, which Keating said he paid in cash alongside the initial €200 top-up. Massey claimed Keating offered the payment but that he definitely did not receive it. Three months after moving in, the monthly top-up increased to €466 when HAP covered only €1,417 of the rent, according to Massey’s tribunal testimony.
The tribunal accepted Keating’s evidence that he paid €1,200 in total for the goodwill payment and initial top-up, ordering Massey to repay that sum. The RTB also ordered Massey to return more than €7,000 in overpaid rent accumulated between 2023 and 2025, noting the landlord ignored legal provisions and attempted to impose an illegal 14 per cent rent increase.
Notice of Termination and Six Months in a Car
On December 23rd, 2024, Keating received a notice of termination from Massey stating an intent to sell the house. Massey later changed his mind upon realizing he faced a €50,000 capital gains tax bill, then offered Keating a new lease setting the rent at €2,150, which would have raised the top-up to €766. Keating stated Massey also sought an additional €1,750 deposit, which Massey did not recall.
Unable to afford the new amount, the family left the property. Keating told the tribunal he and his partner lived in their car for six months with their child, who was under 12 months old at the time. Their two other children lived with both sets of grandparents. The tribunal found Massey's conduct amounted to an abuse of the termination procedure, ruling that a sale notice cannot be used as pressure for an invalid rent review. The RTB ordered Massey to pay €7,500 in damages for the seriousness of the breach and the six-month period of homelessness. The family ultimately moved into a council-provided property last December.
Frequently Asked Questions
How much was the total award given to the tenant?
The RTB ordered David Massey to pay Dylan Keating a total of nearly €16,000, which included €7,500 in damages, over €7,000 in overpaid rent, and €1,200 for the cash top-up and goodwill payment.
What caused the tenant and his family to become homeless?
Keating and his partner lived in their car for six months with their infant child after receiving a notice of termination to sell the house, followed by a new lease offer with a rent increase to €2,150 that they could not afford.
When did the family secure permanent accommodation?
The family ultimately moved into a property provided by the local council last December.
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