Eviction order over 'anti-social behaviour'

An artist, Simon Whelan, has been ordered to move out of his local authority apartment in Dalkey, Co Dublin, on grounds of "anti…

An artist, Simon Whelan, has been ordered to move out of his local authority apartment in Dalkey, Co Dublin, on grounds of "anti-social behaviour".

Mr Martin Dully, for Dún Laoghaire and Rathdown County Council, told the Circuit Court yesterday that Mr Whelan had been served with a notice to quit his Glasthule, Co Dublin, local authority home but had failed to hand over possession.

Mr Liam O'Donovan, the council's senior housing inspector, told Judge Elizabeth Dunne the local authority had received over the past 18 months more than 160 complaints of anti-social behaviour against Mr Whelan from 15 residents of the council's apartment complex, which houses mainly old-age pensioners.

Mr O'Donovan said he had personally witnessed Mr Whelan, who had a drink-related problem, smashing up his apartment.

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He had been aggressive in the council's office at one time, putting him in fear for his safety.

The council also had reports of Mr Whelan having assaulted a disabled resident and spitting in the face of another elderly resident.

Mr O'Donovan told the court that Mr Whelan's neighbours felt terrified and intimidated because of his violent and drunken outbursts.

Mr Whelan had refused to co-operate with council officials' attempts to re-house him elsewhere.

Mr Whelan denied he had been aggressive or had assaulted anyone. He said he had some bad neighbours, one of whom had struck him with an iron bar on his head because he had been "shouting to get in" after having been locked out at night by a guest at his apartment.

"I have never been violent either verbally or physically," he said.

Judge Dunne told Mr Whelan the Supreme Court had ruled that the lower courts could not look behind the reasons for a local authority seeking a possession order.

Judge Dunne recommended there should be no enforcement of the eviction for a period of two months to allow Mr Whelan to make other arrangements. She recommended that the council reconsider its position.

Mr Dully said Mr Whelan's behaviour had progressively deteriorated and incidents of aggression had escalated to such an extent that the council would be seeking to enforce the order.