Mice, mould and a leak: Kilkenny tenant awarded €3,000

A landlord has been ordered to pay €3,000 in damages to a former tenant after failing to carry out necessary repairs to address a rodent infestation, black mould, and persistent leaks at a property in County Kilkenny.

A Residential Tenancies Board (RTB) tribunal determined that landlord Brendan Ring had breached his statutory obligations regarding the standard and maintenance of the rented dwelling at Coon West, via Carlow.

The tenancy commenced on November 8, 2019 at a monthly rent of €1,300, with a deposit of €1,300 paid. The tenancy subsequently ended on November 6, 2024, after which €1,174 of the deposit was returned following deductions for rent owing.

The appellant tenant, Lorraine Muldowney, told the tribunal that while the house was in good condition during the first year, a repeated pattern of maintenance failures emerged from March 2023 onwards.

She outlined repeated reports regarding a persistent leak under the kitchen sink that caused kickboards to rot and floorboards to swell, which remained unfixed despite multiple repair visits.

Ms Muldowney also cited extensive black mould throughout the house, crumbling walls, peeling paint, a hazardous steel shed door, substandard electrical wiring, and mice entering through a hole behind the fireplace.

She told the hearing that she had been hospitalised for three days with lung issues and placed on inhalers in January 2023, and that she later paid €500 out of her own pocket to dry-line a wall.

Following an inspection by Kilkenny County Council in May 2024, an Improvement Notice was issued to the landlord detailing nine contraventions, including inadequate ventilation, visible mould, dampness, pest control issues, electrical and oil installation concerns, and trip hazards from hallway and stair carpets.

Ms Muldowney sought extensive compensation, including €10,000 in damages for stress, a €5,400 rent refund for 36 weeks of alleged uninhabitable living, removal expenses, and compensation for numerous personal items allegedly destroyed by damp or mice.

Her sister, Pamela Muldowney, gave witness evidence that the property had deteriorated significantly and that the tenant and her children had showered and eaten in different houses to avoid the poor living conditions.

Derry Maher of Maher Property Advisers, representing the landlord, rejected the tenant’s claims and contended that the property had been in great condition when the tenancy began.

He submitted that the tenant had failed to heat or ventilate the dwelling adequately, had used a solid fuel stove instead of the property’s oil central heating, and had neglected to clean mould or use installed vents.

Mr Maher stated that the kitchen leak had been repaired on five separate occasions, and noted that the property featured two kitchens, meaning the tenant was not reliant on the affected area.

He further argued that the house had deteriorated sharply during the final six to eight weeks because the tenant had effectively vacated the property to sleep on her sister’s couch, cancelled the electricity supply.

He noted that the tenant had also initiated personal injury proceedings concerning an alleged slip and fall.

In its findings, the three-member tribunal upheld the tenant’s claim that the landlord had breached Section 12(1)(b) of the Act by failing to carry out repairs promptly or at all.

The tribunal noted that, while there was no total failure by the landlord, issues such as the shed door, mice infestation, kitchen leak, and solid fuel heating system had remained unresolved for extended periods.

However, it also found that the tenant had contributed to the dwelling’s decline by refusing all access to repairmen from August to November 2024 and leaving the property largely unoccupied during the period of worst infestation.

The tribunal disallowed the bulk of Ms Muldowney’s property damage claims, rent refund requests, and moving costs due to a lack of receipts and statutory eligibility, noting that damage to household items may have occurred while the home sat vacant.

However, it held that she was entitled to reimbursement for dry-lining and rodent repellent products, as well as damages for stress and inconvenience. The tribunal ordered Mr Ring to pay Ms Muldowney €3,000 within 56 days of the determination order.