Receivers seek court order to regain possession of Apollo House

Receivers appointed over Apollo House in Dublin City centre have launched a High Court action aimed at regaining possession of the property. In a widely publicised move last weekend, the building on Tara Street was taken over by activists and offered as accommodation to the homeless.

In response, insolvency practitioners Tom O'Brien and Simon Coyle, who were appointed joint receivers over the building by the Nama-related company Nalm in 2014, have launched proceedings seeking to end the occupation.

The receivers say they are “sympathetic to the plight of the homeless” but the occupation of the 10-storey former office building, organised by the Home Sweet Home group, is illegal and a form of political protest. They say there are a number of serious health and safety risks that make the building unsuitable for use as a shelter. They have particular concerns over the electricity supply which had been cut and was restored by the occupiers.

There was a risk of people tripping and falling down stairwells in the building, concerns about the building’s water supply and no provision for the removal of waste.

Rossa Fanning SC, for the receivers, told the court that due to the occupation, the building, vacant since mid-2015, no longer had fire insurance and its public liability insurance would lapse in mid-January unless the receivers were able to regain possession. There was no dispute that the occupiers had no legal entitlement to be in the building, Mr Fanning said.

His clients had also been in contact with Dublin City Council which informed them there was suitable accommodation in the city centre for the number of rough sleepers in the city. Three new hostels had come on stream in the last few weeks proving an addition 210 beds for the homeless, he said. Those facilities were run by professionals and were providing the proper support and services for the homeless.

As a result of the occupation, the receivers, who want to sell the property, want injunctions requiring all those in occupation to vacate the premises.

Mr Justice Paul Gilligan granted lawyers for the receivers permission to serve short notice of the injunction proceedings on solicitors purportedly representing the occupiers.

The judge, noting the health and safety concerns, made the matter returnable to this morning. The judge said an official from the council dealing with the homeless situation should attend the hearing to assist the court.

Mr Fanning said his clients were sensitive to the issue of homelessness and had not rushed into court seeking orders. Despite media reports that the occupiers were prepared to meet the receivers, no such meeting had taken place. While contact was made with a solicitor representing the occupiers, he said the Home Sweet Home group could not reach agreement as to who might meet the receivers.