CHRISTIAN CARTER AND 85-year-old Richard Stanley, the joint landlords of a Co Dublin house which at one point had been used to house up to 70 South American and east European tenants, were told by a judge today to pay a local authority’s legal costs that could run close to €60,000.
Judge Jacqueline Linnane directed the costs order be made jointly and severally against both Carter and Stanley which means either of them could be sued for the full amount following taxation or they could agree to equally share the load.
The Circuit Civil Court heard that Carter, of Dunedin Drive, Monkstown, Co Dublin, had been paying Richard Stanley’s son, Dermot, €2,000 a month by bankers order and €2,000 in cash for the five-bedroom house, The Pines, Lehaunstown, Cabinteely, Co Dublin.
Judge Linnane heard that, in turn Dermot Stanley, who lives in London, was paying his father Richard, who owns the house, €2,000 a month.
In an email to Carter in August 2015, Dermot Stanley stated his father had noticed some mattresses “out the back of the house last time he collected rent.”
Dermot Stanley added in the email: “If you can make sure your guy keeps it looking ok for rent day then at least you’ll save me the grief. Thanks.”
Sub-letting
Barrister Fran Rooney, counsel for Carter, told the court his client had sublet the property with the consent and knowledge of the Stanleys after the son, Dermot, had agreed to the deletion of a clause in the Lease prohibiting sub-letting.
In another Dermot Stanley email to Christian Carter, opened by Mr Rooney to the court, Stanley the younger had given his consent to the sub-division of the house into 15 bedrooms.
In the second email of October 2015, he told Carter he was “set for another year…..providing you keep my father happy every time he comes over to collect the rent”.
Barrister Liam O’Connell, counsel for Dun Laoghaire-Rathdown County Council, which had sought injunctions restraining the continued use of the house as a multi-occupancy dormitory property, told Judge Linnane today that her order to clear the house of tenants by Saturday last had been fully complied with.
“Its now just a matter of legal and administrative costs that has to be decided by the court,” he said.
Michael Binchy, who appeared with solicitor Kevin O’Higgins for Richard Stanley, asked the court to award costs against Mr Carter as Mr Stanley senior had moved at all times to bring an end to the unauthorised development at the property.
He said Mr Stanley had not known what Mr Carter had been doing at the property and, if the court held against him on awarding full costs against Mr Carter, he said a 25-75% costs order in favour of Mr Stanley would reflect blame worthiness of the parties.
Judge Linnane said that if 50 people had been paying €50 a week each to Mr Carter he would have been receiving €10,000 a month.
Sixty tenants would have been paying him more than €12,000 a month. At an earlier hearing it was estimated Carter had been collecting up to €16,000 a month in rent.
Mr Rooney, who appeared with O’Brien Redmond Solicitors for Carter, said the sewage problems at the house had been fully cleared up by an environmental company employed by his client.
Judge Linnane struck out the local authority’s application and awarded legal costs jointly and severally against Carter and Stanley senior, to be taxed in default of agreement. She directed that the local authority be paid €2,810 for administrative expenses.
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