Injunctions continued against Dublin property owners

The injunctions were sought following reports last weekend that tenants were forcibly removed from an apartment at Mountjoy Square

 

The High Court has continued injunctions against the owners of several Dublin properties who allegedly forcibly removed tenants from one of the premises.

A fund appointed receiver, Ken Fennell, earlier this week got temporary injunctions against Paul Howard and Una McClean preventing them interfering with the properties. These include several apartments in Mountjoy Square and other properties at Harold’s Cross and Kilnamanagh, Dublin 24.

The injunctions required the defendants to hand over possession of all the properties to the receiver and restrained interference with the receivership. The orders prevented the defendants, their agents and any persons with knowledge of the injunctions trespassing on or damaging the properties or collecting rent from the tenants.

Mr Fennell, represented by Stephen Byrne Bl, instructed by Sean Neville of Byrne Wallace solicitors, was appointed receiver over the properties last month by Promontoria (Oyster) DAC. The court was told the fund had in 2016 acquired loans advanced by First Active to Mr Howard and Ms McClean, with an address at Larkfield Avenue, Harold’s Cross.

It claims Mr Howard and Ms McClean jointly owe the fund €1.4m and Mr Howard owes an additional €400,000.

After talks between the parties over the debts were unsuccessful, the receiver was appointed.

In correspondence with the receiver, Mr Howard has disputed the validity of the receivership.

Mr Fennell sought the injunctions on Wednesday over concerns for the safety and welfare of those renting the accommodation, particularly following reports last weekend that tenants were forcibly removed from an apartment at Mountjoy Square.

He was also concerned about ongoing interference and deliberate attempts to thwart the receivership and the condition of some of the premises. A woman and her daughter were living in a shed at one of the properties, the court was told.

When the matter returned to court on Friday, Ms Justice Caroline Costello agreed to continue the orders and adjourned the matter to February 13th next.

A solicitor, Maurice Lyons, said he had taken instructions from the defendants who were not in court but, due to a conflict of interest, was unable to formally represent them. Another lawyer would have to represent them.

Mr Lyons said the defendants were giving undertakings they would abide by the injunctions and would hand over any rent that may have been collected following the making of the order to the receiver.

The judge accepted the undertakings.

On the application of Mr Byrne, she also granted the receiver permission to bring a motion for attachment and committal against the defendants, returnable for February 13th.

Mr Byrne said hopefully there would be no need to advance that particular application, given the undertakings provided.

The application arose after the receiver got information Mr Howard had attempted to collect rent on Thursday, the day after the injunctions were granted, he said.

Mr Howard had sent text messages to tenants concerning the payment of rent and two agents of Mr Howard had attended at Mountjoy Square on Thursday, counsel added.