Dispute over letting out of 17 allegedly overcrowded properties to migrants is settled

High Court reporters

A High Court dispute with a property agent over the letting out of 17 Dublin houses and apartments, which were allegedly overcrowded with occupants who were not given written leases, has been settled.

Brian Conroy SC, for the property owners, told Mr Justice Brian Cregan on Friday the case had been settled and could be adjourned to July for implementation of the settlement.

The case came before the court last week by way of an application by the three corporate owners seeking injunctions against the agent, Kevin O'Brien, otherwise Kevin Linehan O'Brien, and his company Linehan O'Brien Investments Ltd, with a registered address at Adelaide Road, Dublin.

It was alleged Mr Linehan O'Brien and his company let out the properties to migrants and foreign students without the knowledge of the owners, Blumay Ltd, Sunchulo Ltd, Maroon Zirconium Ltd and Harts Alexandra Ltd, and of the owners' agent, QTX Services Ltd.

The arrangements made with the defendants only came to light after a QTX employee, who had dealt with Mr Linehan O'Brien, left her employment and QTX carried out a survey of the properties.

It was alleged that between 50-80 migrants and foreign students were accommodated, involving dividing some of the sitting room/living spaces into bedrooms and without having written tenancy agreements for the occupants.

The proceedings began with only the owners' side represented when they sought permission to serve papers on the defendants.

When the case returned on Tuesday last, counsel for the defendants 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 judge put the case back to Friday after Mr Justice Cregan said he was concerned about the case for obvious reasons and would on Friday make interim orders if necessary because of concerns about the defendants approaching occupants of the properties.

After he was told the matter was settled on Friday, he adjourned it to late July for implementation of the settlement.

The houses and apartments are in Grantham Place, Portobello, Harrington Street, Old Naas Road, Capel Street, East Wall and one is in Mount Pleasant Avenue Lower in Ranelagh.

The owners had asked the court for injunctions restraining the defendants from trespassing, representing themselves as being manager of the properties and from interfering with the owners' agent in taking back possession of the properties. They said they wanted to regularise the situations of the occupants.

Mr Linehan O'Brien, in response to communications from QTX, had claimed that 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.