High Court gives 13 families one week to leave Dublin building

Thirteen families, including 12 children, have been given one week by the High Court to leave a Dublin premises where they are living in eight units.

In reaffirming vacant possession orders previously granted to a bank-appointed receiver, Mr Justice Paul Gilligan also said he wants the Garda fraud squad to investigate why the families had been paying up to €200 weekly in rent to an unknown third party called "Brian".

He was told “Brian” does not represent the receiver or the owner of the premises and was concerned this person had no right to collect rent and the families are being “taken advantage of”, he said.

The families are living in eight units at 16 Annesley Bridge Road, Fairview, and the judge reaffirmed orders sought by the receiver, Simon Coyle, requiring them to give up vacant possession of the property by next Wednesday.

Two residents, who the court heard are from Romania, said they have nowhere else to go.

Vacant possession

Mr Coyle, an insolvency practitioner, was appointed receiver over the property by Bank of Ireland in January 2015 but says he has been unable to take possession of it.

The bank appointed the receiver over a debt allegedly owed by the property's owner, John Farrelly, otherwise known as John O'Farrelly of Attracta Road, Cabra, Dublin.

Last November, Mr Coyle secured a High Court injunction preventing Mr Farrelly, and all those occupying the premises, interfering with his taking vacant possession of the property.

The receiver, represented by Declan Wade, claimed those orders were not complied with.

As a result, the receiver returned to court seeking orders for the attachment and committal of Mr Farrelly and any other people living there.

On Wednesday, Mr Justice Gilligan said the matter was “very serious”.

Representing himself, Mr Farrelly denied he had breached the court orders.

Contempt

Arising out of the contempt of court action, he said he went to the premises last week and told those living there that they had to leave. He had nothing to do with the property since the receiver’s appointment, he said.

Two men, Daniel Stoinan and Dumitru Vasile, told the court they are among 13 families living at the property and asked if they could be allowed remain in the units.

They told the judge they were paying €180 to €200 a week rent for the units to Brian and did not know his surname or receipts for their payments, made in cash.

Mr Wade said Brian did not act for Mr Coyle who has “never got any rent” from people living at the property.

Mr Farrelly said the person called Brian was not collecting rent for him.

Mr Justice Gilligan said he was referring the matter to the Garda Commissioner so the fraud squad could open an investigation. It appeared the residents are “being taken advantage of” as it appeared somebody was collecting rent who “has no right to do so”.

If they were not paying rent to either the receiver or the owner they were trespassing, he added. He agreed to give the residents a week to leave the property and adjourned the matter to next Wednesday.