Landlord who withheld deposit from students who erected telephone pole ‘with consent’ ordered to pay damages

A landlord who withheld a deposit from students after claiming they had not sought permission to have a telephone pole erected near the property has been ordered to pay damages by the Residential Tenancies Board.

The tribunal in June heard that a pole was installed behind the house in Galway city, on land also owned by the landlord, Castlecarra Developments, in 2020, and no issues had been raised until after the tenancy ended three years later, despite multiple visits.

Despite the students arguing that permission had been given, the deposit of €2,700 was withheld in its entirety.

Sandra Butler, a representative for Castlecarra Developments, said she repeatedly requested evidence of consent for the pole to be installed but never received it, which is why the deposit was not returned.

She outlined how the removal of the pole “caused hassle” in terms of time and cost €600.

Ms Butler said the remaining €2,100 of the deposit had not been returned as they were not given the opportunity to do so, which the tribunal labelled as “utterly disingenuous”.

She submitted evidence from KN Network Services, where they had been advised that one of the tenants had spoken to the management company and obtained consent.

However, Kieran Staunton, another representative for the landlord, said no consent to erect the telephone pole would have been given, as planning permission was being sought to build on the site in question.

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Sam O’Neill, who gave primary evidence on behalf of the tenants, said they had received permission early in the tenancy for the pole, having contacted the agency dealing with the property on behalf of the landlord, who the tribunal heard was no longer acting for Castlecarra Developments.

The tenants claimed the landlord had been aware of the pole since early on in the tenancy, as multiple viewings had taken place while “constant” works were ongoing behind the house.

Mr O’Neill said the issue did not arise either when they sought the return of the deposit after both sides agreed that the house had been returned in perfect order. However, it did arise several weeks later.

The tribunal ordered Castlecarra Developments to return the “unjustifiably retained” deposit of €2,700 alongside damages of €1,350 within 21 days.

It said the students had “cogent evidence” throughout the process that they had consent from the landlord’s agent for the installation of the pole.

The tribunal said there was undisputed evidence that the landlord was “well aware of the existence of the pole and raised no issue with it”.

“This is consistent with permission having been given for the installation of the pole,” the tribunal report reads.

It also noted that the landlord had in fact submitted evidence that supported the tenants’ claim in which the operator confirmed consent had been obtained from the landlord’s agent.

The tribunal said the deposit retention caused distress, inconvenience and loss to the students, while the retention of the €2,100, in particular, was a “hardball tactic” that “must be seen as an attempt to penalise” the tenants.