Waterford landlord (50) and son (28) jailed for intimidating family of tenants
The woman was living in a house in Larchville, Waterford City.
A Waterford landlord received a four-month prison sentence for intimidating a woman during an illegal eviction.
As reported by Mary Carolan in The Irish Times, landlord John Guiry (50), of Ballygarron, Kilmeaden, received a prison sentence for the charge of intimidation. According to the article: "The charge related to an incident on May 2nd, 2024, in which she [the woman] was compelled to do an act that she had a legal right not to do, contrary to section 9 of the Non-Fatal Offences Against the Person Act."
Guiry and his son John Frampton appeared at Waterford District Court earlier this year on charges related to the unlawful eviction.
Frampton had been charged with making an unwarranted demand with menaces.
The report went on: "Mr Guiry’s son, John Frampton (28), also of Ballygarron, Kilmeaden, received an eight-month sentence on a charge of making an unwarranted demand, with menaces, of the woman to immediately vacate her family home contrary to section 17, as amended, of the Criminal Justice (Public Order) Act. Both men, who had admitted the offences at an earlier hearing, have appealed the outcome."
The woman had lived at the property in Larchville with her two children for over 13 years with no issues. At the time of the unlawful eviction, she lived in the house with her teenage daughter and adult son.
In separate proceedings, the woman took action against the landlord through the RTB over the unlawful eviction that occurred last May.
In late April 2024, she sought the help of Focus Ireland and Threshold after receiving a notice of termination from the landlord, informing her that the property was to be sold. She was advised that the notice was invalid and informed Guiry that the matter could be solved through the overholding dispute process.
According to the woman, Guiry disputed the invalidity and told her that he wanted her out of the home by May 5 or he would be "sending people" to the property.
The woman was unable to find alternative accommodation for herself and her family.
The woman lodged a complaint with the Residential Tenancies Board (RTB). Team leader at Focus Ireland Ailish Browne assisted the woman, called the landlord and informed him of the legal repercussions of an illegal eviction.
The report reads: "His indication that he intended to proceed was flagged with the local homeless service, which said it had no emergency accommodation available for families at that time. It advised that they stay with family or friends, but that option was not available to the woman."
On May 1, 2024, the woman called Gardaí for help, referencing the Garda Repossessions and Evictions Policy Document and the Prohibition of Forcible Entry and Occupation Act.
The report continues: "Ms Browne said the woman called her the following day in a 'highly distressed' state, telling her five masked men came to the house dressed in black and threatened her through her sitting room window, with one shouting at her to leave the house or they would 'kill you and all in it'.
"She instructed the woman to call 999, Gardaí came and an investigation began, which led to the District Court prosecution of Mr Guiry and Mr Frampton."
The threat to kill was noted by Gardaí. The woman and her children were allocated emergency accommodation on May 10, 2024. The incident had a grave impact on both her and her young daughter's mental health as her daughter was in the house when the masked men came by.
At an RTB hearing the following month, the woman was represented by barrister Eamon Power through a pro-bono scheme by Arthur Cox. The hearing returned a verdict of unlawful eviction.
Guiry did not dispute the invalidity of the termination notice, but he told the adjudication officer (AO) he knew nothing about threats to the woman because he was out running at the time.
Ms Carolan reported: "The AO accepted an event happened that caused the woman to leave the property and noted a Garda investigation was then underway. He said the landlord claimed that because the woman remained in the house until May 10th, this showed she was exaggerating the impact. The woman said she stayed there because she had nowhere to go."
The AO decided to award six-months worth of rent - €4,500 - in damages to the woman, to be paid within three weeks from the issue date. However, since the money was not paid during this time, the woman had to apply to the RTB for enforcement. The matter will be heard at a later date.
