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On the 10th of April at a hearing of the Residential Tenancies Board at a hearing where notice of termination was given to Richard Kamson and his mother to vacate their apartment at Sraith Fhada, Doughiska, Galway, A Tuath Housing complex. The rent it seems was €77.04 per week, Tuath Housing was established and registered in 2000, They were awarded Voluntary Housing Status by the Department of the Environment and is a member of the Irish Council for Social Housing. Their mission is to meet a wide variety of housing needs in Ireland with experience and commitment, providing accommodation for single people, families and those with special needs. The accommodation provided by Tuath Housing is made up of a wide range of dwelling types including sheltered flats and apartments, family and supported housing. The tribunal upheld the notice of termination based on Anti Social behavior by Mr Kamson. In Witness testimony of neighbors, One neighbor said that there was loud noise coming from No redacted from the start of the tenancy but that he put up with it as the Tenant’s son was still a teenager. He said it got progressively worse and there was rubbish such as cigarettes being thrown out the window and Mr P's house was directly below No redacted. He described an incident which occurred on 1 April 2023 where a party in No redacted spilled out of the house at 3 to 4 am and a fight ensued. He said there were young girls screaming and then a second fight started and he heard someone say ‘I’m getting a ….ing knife’ and he saw another person using a bottle as a weapon. He said he was terrified and afraid that he was going to be shot. He said that he had grown up in a council estate in Limerick and had moved out of it to get away from this kind of craziness, violence and aggression but that this was beginning to feel the same. He said that on another occasion Mr Kamson asked him if a parcel could be delivered to Mr P’s address and would he take possession of it if delivered. Mr Power said that the name on the parcel was a third person, he could see it was canisters of nitrous oxide and he refused to sign for it. He said the Tenant told him it was for making cream for some cooking purpose. He said that Mr Kamson and some of his friends used foul and abusive names to his face both within and outside the development. He said that he could not even walk his dog in peace for fear of meeting Mr Kamson and his friends because if he did he would be subjected to extreme harassment and that he had done nothing to provoke it. He said that he was not even allowed ignore them without their abusing and tormenting him and that on occasion, instead of reprimanding him the Tenant just watched on without saying a word to her son. He said that the Tenant asked why he had not gone to her with a complaint about her son’s behaviour instead of the Landlord but he said that if he does complain to her, her response is ‘he’s only a child’. He said that he has had to sleep on his sofa as the pounding on the floor is directly above his bedroom and that he has had to go to stay with friends in order to get a night’s sleep on occasion. He said that Sraith Fhada was a lovely peaceful place to live and the residents had previously enjoyed a real sense of community there but the behaviour of this man had changed everything for a lot of people. He said that anytime he asked the Tenant about an incident she just asked him if he could prove that it was her son or if he could prove the behaviour or that the incident had occurred. He said that when the Tenant’s son pulled up beside him in a car out on the street he was clever enough to get one of his friends to deliver the abuse, not him. Cross examination of Mr P by the Tenant The Tenant asked Mr P how she knew that the rubbish thrown out the window was theirs to which he replied that there was lipstick on the cigarette butts and she was the only one who went up to the roof of their building to smoke. Again he replied that she asked him to ‘prove it’. Mr P replied that he had a recording of the Tenant’s son calling him an abusive name (‘fa**ot’) and that he had ring doorbell recordings as well. The Tenant asked Mr P how if he had left Sraith Fhada on the night of 11/12 August 2023 allegedly to get away from the noise on a 10 o’clock bus how he knew what time the alleged party went on until? He replied that the other residents talked amongst themselves and that he had heard that it finished around 2 or 3 am. Mr P also gave evidence that people often knocked on his front door looking for the Tenant as she did nails as a beautician and he could have been nasty but he always directed them politely and still her son calls him a fa**ot. The Tenant asked if Mr P had ever told her or complained to her about her son calling him a fa**ot and said that he was lying. Respondent Landlord’s Witness Mr Po Mr Po said that he was living in Sraith Fhada since 2010 and said that it used to be quiet place but since the Tenant’s son moved in there were regular loud noise, vandalism and cars coming and going at all hours of the day and night. He described an incident on the evening of 5 June 2023 during which his car was hit by another vehicle which he witnessed through the window of his house. He said that he had a recording of the incident and that Mr Kamson was standing adjacent to where it happened but that he ran off when the incident occurred. Mr Po said that he called the Gardai and some time later they approached Mr Kamson but he denied knowing the people who had caused the damage to Mr Po’s car. He said that the total cost of the damage was approximately €8,000 and that the insurance claim only covered €1,500, the remainder of which he was obliged to pay himself. He also described an incident on 19 June 2023 when he heard a disturbing noise at around 3.30 am and heard Mr Kamson shouting that he was going to kill someone. He said that he reported this to RW (Housing Services Coordinator) in Tuath. He said that this was the second time they had damaged his car and that he had put up CCTV and that he did not want to live this this. Respondent Landlord’s Witness LB evidence Ms B said that she moved into Sraith Fhada in 2020 and she gave evidence about an incident in the summer of 2021. She explained that her mother had been diagnosed with stage 4 cancer and was undergoing chemotherapy. She said that Mr Kamson used to bring his friends into the common area of the stairwell and that the sound from it caused an echo which was quite loud and disturbed her mother. She said her mother asked them to congregate somewhere else. She told the Tribunal that this happened on a few occasions but that the third time Mr Kamson’s friend started shouting at her mother and called her names. Ms B told the Tribunal that her mother died in 2022 and that these incidents made her very sad and angry that her mother had been disturbed in this way when she was so ill and should have been able to rest and sleep peacefully. Respondent Landlord’s evidence Mr JC, Housing Manager, Tuath submitted that there was a party on 1 April 2023 after which numerous complaints were made by residents. He said multiple reports of anti-social behaviour were made, reports of guests and visitors fighting, some residents came forward to say that a gun had been brandished and then someone had shouted ‘I’m going to get a ….ing knife’. He said that he asked the Tenant and Mr Kamson to attend a meeting in the Tuath office in Galway on 4 April. He said that the Tenant and Mr Kamson accepted that there had been an unacceptable level of noise and disturbance on the night of 1 April. Mr Callaghan stated that while some of the residents had called the Gardai they did not attend which he said was to everyone’s benefit as he felt the situation could have escalated badly. He said the gun was in fact a fake but that the Gardai might not have realised that immediately. He said that the Tenant and her son accepted that Tuath were obliged to issue them with an official warning. Mr C said that the Tenant apologized for the disturbances and gave assurances that it would not happen again. However he said that soon after the anti-social behaviour resumed repeatedly. He said that following the incident with Mr P’s car the Tenant and her son were asked to attend the Tuath offices in Galway. Mr C gave direct evidence of a further series of incidents being reported, warnings either formal or informal to the Tenant and her son, some of which he cited as a further complaint on 6 June 2023; complaints of loud music in July 2023 and a visit to the Tenant’s dwelling by the Housing Officer followed by a warning issued on 7 July; complaints in January 2024 and March 2024 and a visit by the Housing Officer to the Tenant on 3 April; further complaints in July 2024 followed by a final warning issued on 18 July 2024 and the numerous complaints from residents about the disturbances on 11/12 August 2024. Mr C said that a full list of reported incidents was set out in the Complaint Summary He said that Tuath was in the business of providing long term sustainable housing but that when residents do not heed multiple warnings Tuath are left with no choice. He said he had met with the Tenant and told her that the repetitive behaviour was threatening her tenancy and he had tried to offer her a way out but she chose to ignore it. He said that Tuath could not allow the behaviour to continue to cause such upset and disturbance to the other residents and that the repeated telephone calls, meetings and warnings were not having any impact/resolution. He said that he served the notice of termination dated 23 August 2024 himself by hand on the Tenant and that it was served on the RTB on the same day as it was served on the Tenant. The Tenant asked Mr C if he had carried out an investigation into the ‘alleged’ party of 11/12 August 2024 before serving a notice of termination on her? He replied that when complaints were received that they spoke to the complainants. He said that Ms H was the resident most impacted and that she had given very clear evidence. In summing up Mr C said that there was evidence of 32 separate incidents of anti-social behaviour and that the Tenant has acknowledged that there has been incidents of anti-social behaviour but that on the other hand she had denied that it occurred when she wasn’t there. He said that Tuath had always made the effort to talk and he cited Mr P evidence that there was a peaceful community of happy tenants before the anti-social behaviour started. He said that Tuath does not take decisions like this lightly. He said the notice of termination had been served for the right reasons and at the right time. With reference to the Tenant’s claim that Mr Kamson had moved out of the dwelling he said that Mr Kamson was still regularly seen at Sraith Fhada and that the licence he had for student accommodation was due to expire on 31 May 2025. He finished by saying that Tuath had followed all the correct procedures required by such a case, that all the witnesses had come forward voluntarily and that the case had been one of an unacceptable level of anti-social behaviour. Findings The Tribunal finds that the notice of termination dated 23 August 2024 is valid and directs that the Appellant Tenant and all persons residing in the dwelling shall vacate and give up possession of the dwelling within 28 days of the issue of the Determination Order. The Appellant Tenant shall continue to pay any further rent outstanding to the Respondent Landlord from 10 April 2025 being the date of the Tribunal Hearing, at the rate of €77.04 per week, or proportionate part thereof at the rate of €10.98 per day, unless lawfully varied, and any other charges as set out in the terms of the tenancy agreement, for each week or part thereof, until such time as the above dwelling is vacated by the Appellant Tenant and any other persons residing therein.

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