A FINANCIAL FUND-appointed receiver has secured a High Court injunction against the owners of several Dublin properties over reports last weekend that tenants had been forcibly removed from one of the premises.
At the High Court today receiver Ken Fennell secured an interim injunction against Paul Howard and Una McClean, preventing them from interfering with the properties including several apartments in Mountjoy Square in central Dublin and properties at Harold’s Cross and Kilnamanagh, Dublin 24.
Some the properties were found to be in a poor condition, counsel said. Counsel added that Fennell’s representative found a mother and her daughter living in a one-room shed beside one of Howard’s properties.
The court order requires the defendants, their agents and all people with knowledge of the injunction to cease trespassing, not damage the properties, not collect rent, and hand over possession of the properties to the receiver.
Fennell’s counsel Stephen Byrne BL said his client was bringing the action to prevent ongoing interference with the receivership, and over concerns for the safety of tenants who have a right to be in the properties.
Fennell, of the firm Deloitte, said there has been a deliberate attempt to thwart the receivership.
The orders were granted, on an ex-parte basis, by Ms Justice Caroline Costello. The judge made the matter returnable to a date later this week.
Seeking the orders, counsel said his client was appointed receiver by Promontoria (Oyster) DAC – which in 2016 acquired loans advanced by First Active to Howard and McClean, with an address at Larkfield Avenue, Harold’s Cross, Dublin.
Counsel said Howard and McClean, who are believed to be a couple, jointly owe the fund €1.4 million, while Howard owes an additional €400,000.
Talks between the parties over the debts had not been successful, counsel said, which resulted in the receiver being appointed.
In correspondence with Fennell, counsel said Howard has, using “pseudo legal language”, disputed the validity of the receivership.
Forcibly removed
Counsel said “the genesis” of the injunction application was media reports last weekend that tenants were forcibly removed from one of the apartments in Mountjoy Square by Howard and others, and that one of them needed to be hospitalised.
While this was being investigated by the receiver the issue was of concern to Fennell.
An inspection revealed that the property was significantly damaged, counsel said, adding that there had been other incidents of concern.
Counsel said Fennell had discovered that Howard had “stolen a march” on the receiver and had sought and obtained the early payment of rent from some of the tenants at the properties.
That money should have been paid to the receiver to reduce the defendant’s indebtedness to the fund, counsel said.
Counsel also said there had been an attempt by Howard and another person to remove a representative of the receiver from one of the properties.
The gardaí were called and, after they left, the locks on the premises were changed by Howard, counsel said.
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