An attempt by Meath County Council to regain possession of one of its houses proved controversial at Navan District Court when a 70-year-old retired bus driver claimed he was the “occupier” of the house and was entitled to be there despite the council’s claims to the contrary. The council sought an order from the court for possession of the house at Kilbreena Crescent, Dunboyne from Richard Fitzgerald.
An official with the council told the court that a woman named Deirdre (surname withheld by reporter) was residing in the house from December 2012 until August 2024 when she surrendered the house to the council. The house had been fully cleared by the council which also changed the locks. The woman had left the house in “excellent condition” and all furniture and personal effects had been removed. The council had also had pictures taken of the house.
She said that some time after that the council maintenance department found a man there claiming to have resided at the property. The official said she had provided a statement to Gardai at Ashbourne on 11 th September 2024 in relation to the matter. Gardai responded by saying this was a legal matter between the man and the county council.
In November of the same year she served Mr Fitzgerald and any other illegal occupiers with a possession order. The woman who had vacated the property was the only person whose name was on the lease and she paid rent to the council. The official returned to the house after 21 days had elapsed but she failed to meet Mr Fitzgerald She returned in January 2025 and met Mr Fitzgerald who refused to give up possession and she told him the council would commence legal action.
Asked if she believed the new locks were broken she replied that she believed the locks were changed again. A lawyer for Mr Fitzgerald put it to the official that she knew Mr Fitzgerald was living with Deirdre at the property for some time, to which she replied “no”. She said that she was aware that Deirdre lived at the property with her two children who then left. As far as the council was concerned Deirdre was the only occupant of the property and also the tenant.
Giving evidence in the case Mr Fitzgerald said he and the woman were co-habiting in a nearby property and then Deirdre got the house and they had been living there. He still resided at the house. He said that he had been advised by Citizens Advice to “report Deirdre missing” in 2024. He was advised to report her missing because her car was missing at the time. He then went to the county council to make sure the rent was being paid and he paid the rent in cash to two officials.
Shortly afterwards he set up a standing order for the rent and it was up to date. He and Deirdre had separated because she was going through a difficult time and he wanted to give her space. He said that when he went to the house in September 2024 the front door key wouldn’t work. The back window was open and he gained entry there. He said he had changed the locks.
Judge Eirinn McKiernan put it to the witness that the photographs taken by the council “depicted a vacant house” and it didn’t look like a house that anyone was living in. He replied that he had clothes in the wardrobe along with some tools. Mr McEntee put it to the witness that Meath County Council had told him to stop the standing order and that he should not make a payment. He ignored this correspondence. Mr Fitzgerald denied receiving any correspondence. He had paid cash rent at the council reception desk but this should not have been accepted because he did not have a tenancy.
When Mr McEntee put it to the witness that he did not have a tenancy, he replied that he had been living at the address since 2012. He added that he did not have a legal signed document permitting him to be a tenant at the house. Mr Fitzgerald had now made an application for social housing but the council had found that the information provided so far needed to be clarified.
The judge made an order giving possession of the house to the council but adjourned the matter to 17th July next to see if there was any progress on Mr Fitzgerald’s application for housing.
