Court restrains short-term letting of Co Kerry apartment

An apartment management company has secured interim orders restraining the owners of an apartment letting it out to short-term holiday guests.

The case means the High Court may, for the first time, have to address issues concerning the rights of traditional users of residential apartments against those of owners who let them out for short-term “Airbnb” type lettings, Mr Justice Paul Gilligan said.

The case arises out of complaints from other residents of the 16-unit Old Presbytery apartments in Cathedral Place, Killarney, Co Kerry.

It was alleged use of one of the apartments, owned by Anna Griffin and Daniel Cronin, was causing serious nuisance with some short-term renters coming back late from local pubs and clubs with large quantities of alcohol.

Other complaints concerned use of car parking spaces of existing residents and holidaymakers generally treating the apartment as a hotel or hostel.

Problems were worse when there were events on in the town, it was claimed.

Consequences

The management company claims short-term lettings are in breach of planning permission and the leasehold covenant attached to the properties and also have consequences for the apartment complex insurance cover.

Micheál O’Connell BL, for the management company, said although the defendants had nominated a solicitor to represent them, there had been no appearance in court on their behalf. He asked the court to grant the injunction.

Mr Justice Gilligan, while prepared to grant the order, said there was a major issue to be dealt with at full hearing regarding apartment owners and those who operate Airbnb type rentals.

One issue which would have to be considered is owners whose apartments may be rented to “a more genteel client base which does not cause any problems”.

There was a fair issue to be tried, damages may not be an adequate remedy and the balance of convenience favoured granting the injunction, he said.

The injunction restraining the short term letting by the defendants should remain in place pending the full hearing of the matter, he said. However, he gave liberty to both sides to apply to the court to vary the order in the meantime.