A mother and son have failed in their bid to prevent one of Ireland’s largest residential landlords from evicting them from their home in Galway, after a Tenancy Tribunal upheld the validity of a notice of termination.
Leila Urazbaeva and Abay Zhaigaliyev were renting a two-bedroom property at Monivea Park in Ballybane from Xerico Limited when they received the termination notice on January 31, 2025.
The case centred on whether the landlord was entitled to end the tenancy under provisions of the Residential Tenancies Act 2004 and whether changes to tenancy law introduced in 2022 meant the property was subject to different protections.
The tenants challenged the notice through the Residential Tenancies Board (RTB) before subsequently appealing the matter to a Tenancy Tribunal.
The tribunal ultimately found that the termination notice was valid and directed the mother and son to leave the property.
Dispute centred on when the tenancy began
At the heart of the appeal was a disagreement over whether a new tenancy had been created in 2022.
Xerico Limited relied on a provision of the Residential Tenancies Act 2004 that allowed landlords to terminate certain tenancies after six years without having to establish another specific reason for ending the tenancy.
However, changes to Ireland’s tenancy legislation in 2022 removed that ability for new tenancies.
The tenants argued that their circumstances meant a new tenancy had begun after October 4, 2022.
Mr Zhaigaliyev told the tribunal that he had made a rent payment of €868 on that date and argued that this represented the beginning of a separate tenancy.
He maintained that the tenancy was therefore protected by the legislative changes that came into effect on June 11, 2022.
The distinction was important because the date and nature of a tenancy can determine which legal provisions apply when a landlord seeks to end it.
M10News has previously covered changes affecting landlords and tenants, including how landlords can end a tenancy under Ireland’s rental rules.
RTB had already found a breach by the landlord
The dispute had previously gone before the Residential Tenancies Board.
An RTB adjudicator awarded the tenants €1,500 for a breach of landlord obligations, but found that the termination notice itself was lawful.
The tenants appealed that decision to a Tenancy Tribunal, continuing to challenge the validity of the termination.
Their appeal therefore involved two separate issues: the earlier finding concerning landlord obligations and the legal validity of the notice requiring them to leave.
The tribunal ultimately upheld the termination notice.
It also found that the tenants’ complaint regarding the landlord’s obligations had already been dealt with in an earlier determination and should not be reopened as part of the appeal.
The distinction is important because a finding that a landlord breached an obligation does not automatically mean that a separate notice of termination is invalid.
For tenants facing a dispute with a landlord, the RTB provides formal processes for dealing with issues including termination notices, property standards and landlord or tenant obligations. M10News has previously explained how RTB disputes can be resolved through mediation and adjudication.
Tenants raised damp, mould and water pressure concerns
The mother and son also raised concerns about the condition of the Galway property.
Their complaints included dampness, mould, ventilation problems and ongoing water pressure difficulties.
Mr Zhaigaliyev told the tribunal that the water pressure problems had at times left them without enough water to wash dishes or shower.
He also said the landlord had carried out some works after Galway County Council issued an improvement letter on January 30, 2025, but argued that other defects remained unresolved.
The condition of rented accommodation has become an increasingly important issue in Ireland, particularly as tenants face pressure to secure and retain suitable long-term homes.
However, the tribunal’s decision in this case did not overturn the termination notice on the basis of those complaints.
Landlord disputes tenants’ maintenance claims
Xerico Limited disputed the tenants’ account of the property’s condition.
Michelle Savage of Home Club Limited, representing the landlord, told the tribunal that the central heating system was in good working order following the replacement of a gas boiler in 2022.
She also said that a water pressure pump was present at the property and argued that interruptions to the external water supply were the responsibility of the local authority.
The landlord further claimed that the tenants had refused access to a contractor in March 2024 who was due to treat mould at the property.
According to Ms Savage, Ms Urazbaeva had demanded that the entire property be painted before allowing the contractor to carry out the mould treatment.
The tribunal considered the maintenance records and concluded that they demonstrated a landlord that had been proactive in dealing with repairs when access was provided.
Tribunal rejects argument that a new tenancy was created
The tenants’ argument that a separate tenancy had begun in 2022 was ultimately rejected.
Xerico Limited maintained that Mr Zhaigaliyev had simply been added to the existing tenancy and that this did not create a new tenancy.
The tribunal agreed.
Its findings stated that multiple tenants in the same property do not create multiple separate tenancies.
That conclusion meant the tenants could not rely on their argument that a new tenancy had commenced after the 2022 changes to tenancy law.
The tribunal therefore ruled that the termination notice issued by Xerico Limited on January 31, 2025, was valid.
Landlord plans to sell the Galway property
The tribunal also heard that Xerico Limited intended to sell the property.
Ms Savage said the landlord wanted to sell the dwelling together with an adjoining vacant property and required vacant possession to complete the proposed joint sale.
She told the tribunal that the notice had provided the tenants with the maximum statutory notice period.
The tribunal accepted the validity of the notice and ordered the tenants to vacate the property.
The mother and son were directed to leave within 28 days.
They were also required to continue paying rent from March 20, 2026 until possession of the property is surrendered.
The landlord was ordered to refund the tenants’ €650 security deposit once vacant possession was obtained, subject to any lawful deductions.
Company behind the Galway tenancy is linked to major residential portfolio
The case also highlights the presence of large investment-backed landlords in Ireland’s residential rental market.
Xerico Limited is a Cyprus-based subsidiary of LRC RE-1, a Luxembourg fund which owned more than 2,000 residential properties across Ireland in 2023, according to the information presented in the case.
Large landlords and investment funds have become an important part of the debate around Ireland’s rental market, particularly as tenants face difficult conditions when looking for secure long-term accommodation.
For tenants, the size of a landlord can also be significant when disputes arise because decisions about individual properties may form part of a much larger property portfolio.
M10News has been following the changing structure of Ireland’s rental market, including the different pressures faced by existing tenants and people entering the market for the first time. Our report on why new tenants face some of the sharpest pressure in Ireland’s rental market looks at that wider issue.
What the Galway decision means for the tenants
The tribunal’s decision means that the mother and son must leave the Ballybane property following the unsuccessful appeal against the termination notice.
The case demonstrates how the legal status and history of a tenancy can become central when a landlord seeks to terminate an agreement.
In this case, the tenants argued that events in 2022 had created a new tenancy that would have benefited from the legal changes introduced that year.
The tribunal rejected that interpretation, finding instead that Mr Zhaigaliyev had been added to the existing tenancy.
The tribunal also considered the tenants’ complaints about the property’s condition but found that the relevant landlord-obligation issues had already been determined and that subsequent maintenance records showed repairs being addressed when access was permitted.
The result leaves the termination notice intact.
Wider implications for landlords and tenants
The Galway case highlights the importance of understanding the precise legal status of a tenancy when a dispute develops.
For landlords, the case demonstrates the importance of following the statutory requirements surrounding termination notices and maintaining records of repairs and attempts to access a property.
For tenants, it shows why the date a tenancy began, changes made to an existing tenancy and the documentation surrounding those changes can become highly significant in an RTB dispute.
The case also illustrates that several issues can exist within the same tenancy dispute.
A tenant may have legitimate concerns about property conditions while a separate question remains over whether a landlord has legally valid grounds to terminate the tenancy.
In this case, the tribunal ultimately found that the termination notice was valid despite the earlier RTB finding that the landlord had breached an obligation.
The mother and son must now surrender possession of the Galway property, while Xerico Limited is required to return their €650 deposit, subject to any lawful deductions.
The decision brings the latest stage of the dispute to a close while highlighting the continuing importance of Ireland’s tenancy laws for landlords and renters navigating an increasingly pressured housing market.
