Receivers over two Wicklow properties take proceedings against owners

Receivers appointed over two Co Wicklow properties have taken legal proceedings claiming the owners of the properties are advertising them for short term rental including on Airbnb and booking.com.

Insolvency practitioner Tom Kavanagh was last year appointed receiver by Ennis Property Finance over a property at Waverley Terrace, Bray. It was originally financed with a buy-to-let loan advanced by Bank of Scotland Ireland (BoSI) to Colm Henry, with an address at Rosslea Studio, Adelaide Road, Bray, and to Padraig Henry, with an address at Waverley Terrace.

Mr Kavanagh’s Deloitte colleagues, James Anderson and Peter Allen, were separately appointed receivers by Ennis over Rosslea Studio which was part of the security provided on loans to Colm Henry and Eily Doolan, of Carrigahilla House, Stradbally, Co Waterford.

Debt

Ennis says the total outstanding debt arising out of those BoSI loans, which were taken over by Ennis, is some €1.7million. The total estimated value of the properties is €1.3 million, according to the receivers.

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On Monday, Mr Kavanagh, and his two colleagues, applied to have proceedings over the debt admitted the the Commercial Court list.

Mr Justice Brian McGovern said he was satisfied to do so after rejecting a submission on behalf of one of the defendants alleging delay in bringing the case.

The judge said there was no culpable delay. He has adjourned the matter to October along with separate injunction proceedings in which the receivers seek possession of the properties.

Mr Kavanagh, in an affidavit, said Colm Henry had claimed last year, in a statement of affairs, that both of the properties, along with Ms Doolan’s Carrigahilla House address, were Mr Henry’s principal dwelling houses.

Mr Kavanagh said Carrigahilla House also has a mortgage on it in favour of Colm Henry and Ms Doolan but has no arrears. It appeared the mortgage over this Waterford property, held by Start Mortgages, was being preferred to the loans held by Ennis, he says.

Terms

He says Colm Henry has separately claimed that Rosslea was bought as a family home in 1992 and continues to be so with his two children living there.

Mr Kavanagh said it was not open to the defendants to borrow money on non-consumer commercial terms and then subsequently put forward a different position “with a view to frustrating enforcement of security”.

The Rosslea and Waverley properties, with the exception of an apartment at the rear of Waverley, “have been and continue to be publicly advertised on various websites including Airbnb and booking.com for short-term rentals, he said.

Mr Kavanagh also said the highest level of monthly repayments made to Ennis since 2015 for the loans on the properties were one payment of €1,300 in November 2016 and another of €1,650 in March last year.