Mother evicted from home after refusing to give up her XL bully dogs
A mother of two young children has been ordered to leave her rental property in Ireland after refusing to remove two XL bully dogs, despite her landlord’s demands.
Túath Housing Association issued the eviction notice after the tenant, Malgorzata Bialek-Szymanska, failed to comply with orders to remove the dogs from her Navan property in Co Meath.
The housing association argued it had a “duty of care” to other residents in removing the dogs, which were originally given as gifts to the tenant’s children.
The landlord initially issued a warning letter to Bialek-Szymanska on December 21, 2023, giving her two weeks to remove the dogs after their discovery during an annual inspection.
The tenant argued this “was not a reasonable time” to re-home the animals, particularly as new regulations from October 2024 made it “illegal” to rehome the breed type.
When challenged that she had nearly a year to comply, from December 2023 until the November 2024 hearing, Bialek-Szymanska maintained she had not breached her lease.
She pointed to having prior consent to keep two labradors at the property, though she admitted not seeking new permission for the XL bullies.
Bialek-Szymanska explained that after both labradors died, she received the first XL bully as a Christmas gift for one of her children in December 2021.
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The second dog was given as a birthday present to her other child in August 2022.
She insisted it was “too late for the landlord to do something now” as the dogs had been present for over two years and had become part of her family with her children, aged seven and five.
The tenant maintained the dogs posed no risk to neighbours, stating they are kept locked within the property and “cannot escape,” and are placed in a cage when visitors arrive.
New regulations introduced in October prohibit the importing, breeding, selling and rehoming of XL bully type dogs in the region.
From February 1, it will become illegal to own this breed type in Ireland without a certificate of exemption.
Niall Duffy, representing Túath Housing Association, told the tribunal the dogs were not permitted at the property as they were on a list of prohibited dogs.
The housing association maintained its “duty of care” to other residents, stating the two dogs “regardless of how well behaved and trained they might be” could not be permitted as pets.
Bialek-Szymanska countered that the breed faced no restrictions when she first acquired the dogs.
The tribunal ultimately found Bialek-Szymanska and her family to be overholding and ordered them to vacate the property within 28 days.
Túath Housing Association had indicated they would allow the family to remain in the property “as they were good tenants” if the two dogs were removed.
However, the tenant’s refusal to comply with directions to remove the XL bullies led to a notice of termination being issued in January last year.