Agent who let out 17 overcrowded properties to migrants disputes claims against him

High Court reporters

A property agent who let out 17 Dublin properties, which are allegedly overcrowded with migrants and foreign students who were not given written leases, is disputing the claims, the High Court heard.

Kevin O'Brien, otherwise Kevin Linehan O'Brien, and his company Linehan O'Brien Investments, with a registered address at Adelaide Road, Dublin, had entered into the arrangements without the knowledge of the property owners, who are three companies, and of their agent, it is claimed.

The owners got permission last week from the court to serve the proceedings on Mr Linehan O'Brien and the company.

The case returned to court on Tuesday when Mr Justice Brian Cregan was told the defendants will be disputing the vast majority of claims against him.

Brian Conroy SC, for the owners, said the defendants were continuing to trespass on the properties and telling the occupants it was his clients' agents who were trespassing. As a result there is "real confusion" for the occupants and his clients want to regularise their position, he said.

Mr Conroy said that pending the hearing of the matter, his side was looking for undertakings that the defendants would not interfere with the properties or the occupants.

James Daly BL, for the defendants, said he had only just received the papers, would be meeting his client this week and sought until next week to file a replying affidavit. He said the "vast majority of issues are controverted" and his client's position was that he has tenancy and is in possession of the properties.

The alleged confusion as to tenancies is not correct, he said. There was also correspondence from a former employee of the plaintiffs' agent consenting to the sub-letting, he said.

A solicitor acting for an estate involving a property in Rathmines, separate from those in this case, asked to be heard by the court. Peter Boyle of Charles W Boyle and Sons said his clients were in a very similar situation and their agent had been confronted by the same defendant in this case.

Mr Boyle was told by the judge he would have to bring separate proceedings.

The judge gave directions for the exchange of papers between the parties and said he would case manage the matter and give it an early hearing.

"I am very concerned about this situation for obvious reasons," he said. He would put the matter in for Friday and he would deal with it on an interim basis after he heard there were concerns about the defendants approaching the occupants of the properties.

The houses and apartments, in areas including Portobello, East Wall, Capel Street and Ranelagh, had been leased through QTX Services Ltd to Mr Linehan O'Brien or his company on behalf of the corporate owners of the properties, Blumay Ltd, Sunchulo Ltd, Maroon Zirconium Ltd and Harts Alexandra Ltd.

QTX says it only became aware of the arrangements with Mr Linehan O'Brien after the employee who had dealt with him left her position and QTX carried out an inspection.

The owners seek injunctions restraining the defendant from trespassing, representing themselves as being manager of the properties and from interfering with the owners' agent in taking back possession of the properties.

Mr Linehan O'Brien, in response to communications from QTX, has claimed what the owners were doing was illegal and insisted that the matter falls under the remit of the Residential Tenancies Board, which the owners dispute because he is not in personal possession.