Dublin tenant who told RTB of ceiling piece falling on ‘son’s cot’ awarded damages

A Dublin tenant who told a Residential Tenancies Board (RTB) tribunal of “seagulls” living in his water tank and a piece of a ceiling falling on his son’s cot has been awarded more than €1,000 in damages.

Damages against landlord Ian Kingsnorth were initially set at €20,000 over his failure to remedy issues reported by his tenant Stephen Russell, with the tribunal describing a council inspection report on the condition of the property as “damning”.

The sum was offset against more than €14,100 in rent arrears. A further €4,800 was deducted over Russell’s failure to allow Kingsnorth access last year.

The tenant had told the tribunal the home on Little Strand Street was in a “poor condition” from the start of his tenancy in 2020.

Describing the structure as “dangerous”, he said the condition of the home deteriorated over time, noting there were cracks in the walls and ceilings. At one point, a piece of the ceiling fell on to his son’s cot, he said.

Ceiling plaster also collapsed in the sitting room, he said, which he reported to his landlord in July 2024.

Months later in December, what he thought was a section of the roof “blew off” and landed in the garden of the local Garda station, he said. Russell later discovered it was the cover of the water tank.

The water quality subsequently became “very poor” after it became exposed to the elements, he told the tribunal, describing the water as “brown”, while seagulls had begun “living” in the uncovered tank.

His family had been drinking and bathing in the water, he said, adding his two infant children, one of whom was a newborn, were “constantly sick” and had to attend the hospital.

The tenant’s partner ultimately left the property with their children and moved in with her sister in Balbriggan, while he began showering in the gym. He ultimately left in December last year.

In January last year, he reported to Kingsnorth that water had started to come through the bathroom ceiling and hot press, with the landlord replying that he would have the roof replaced in the “next few weeks”.

However, Russell said no repairs were “ever carried out”.

Russell said he had “had enough” and decided to stop paying the monthly rent of €1,600 in February, with his landlord responding that he would “not engage anyone” for repairs until the rent was paid.

Kingsnorth told the tribunal it was a “stalemate”.

An inspection of the property organised by Fingal County Council in April last year identified “major” noncompliance, Russell said, including relating to the walls, ceilings and water leaks.

Around the same time, Kingsnorth said his tenant would not allow him access to the property for an inspection.

Russell told the tribunal he was “frustrated” and his relationship with his landlord had “completely broken down”. Kingsnorth accepted he had been made aware of the issues in July 2024 and did not attend to them.

He said a roofer attended the cottage and wanted to replace the entire roof immediately, though Kingsnorth said he was “not happy” with the quote received. He accepted the roof repairs were never carried out.

The tribunal described Russell’s “very detailed” evidence, which included photographs of all defects, as “very compelling”, while the report of the independent contractor was “damning”. It said Kingsnorth failed to carry out the necessary repairs within a reasonable time frame, causing inconvenience and “detriment” to Russell.

It noted the landlord was unable to carry out required works due to Russell’s refusal to allow access in spring last year.

Having made the deductions from the €20,000 in damages, it ordered the landlord to pay €1,032.40 within 28 days.