Landlord sentenced to four months jail after altercation with tenant

A LANDLORD was sentenced to four months in jail following an incident involving a tenant when he took a contractor to a semi-detached house that he owned at Beechdale, Dunboyne to price the cutting down of trees, Trim District Court heard on Thursday.

Eamonn Reilly (54), unemployed of Liffey View Upper, Celbridge denied charges of assault, trespass on a building and entering a building with intent to commit an offence arising from what occurred on 22nd October cash for the defendant to appeal.

The Judge heard from Niccuor and Elena Birca who lived in the house, and viewed video CCTV footage taken from the latter’s telephone, and from CCTV next door. Mr Birca told the court that the defendant came many times to the property. On the date in question the defendant tried to get into the house.

Witness said that he changed the locks because of threats. He said that the defendant got in through the back door.

He alleged that the defendant pushed him out of the way and described him acting aggressively. Witness said he suffered no physical injury, but went to hospital because of mental issues.

Defence barrister Paul Noctor put it to the witness that the defendant notified him he was coming to the house in regard to the removal of trees from the back garden.

Mr Noctor also put to the witness that the defendant put his hand out and the witness tried to get between him and the door.

Elena Birca said when they moved in the landlord of the house was different. On the date she was inside the house. The defendant knocked on the front door. She didn’t let him in. He banged very loudly and decided to go to the back, and gained entry via the living room door, not having permission.

He remained in the house for three to five minutes. He said it was his house and could enter when he wanted. She asked him several times to leave.

She provided Garda Eoin McHugh, who investigated the incident, with mobile phone footage which she took.

Garda McHugh said he responded to a 999 call and arrived at the house at 6.30 and met with the complainants. The accused wasn’t present at the house. He took statements and obtained cctv footage.

The defendant declined to reply to the allegations. The defendant in evidence said when he bought the house the complainants were to vacate the property. Two and a half years later they were still there.

He said he texted Mr Birca that he was coming to the house with a tree surgeon. He went round the back when not admitted at the front door.

He said he went to check his key in the lock to see would it fit. He didn’t give permission for the locks to be changed and asserted he should have been given a set.

He said he remained at the scene for at least an hour and the Garda didn’t arrive. He denied the assault. He explained he gained access to the house because he wanted to see whether the locks were changed.

In cross examination Sergeant Declan Brady put it to the defendant that at the start of his evidence he said he pushed the defendant, and suggested that he was very intimidating and aggressive and had other avenues to explore.

The Sergeant said the defendant had three previous convictions, one under the theft and fraud act. Mr Noctor said he understood that was struck out. He submitted it was a landlord and tenant issue that was before the court and clearly deteriorated over a period of time.

- Funded by the Courts Reporting Scheme