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Landlord Marc Godart to pay €4,000 legal bill after 'dragging out' compensation pay to tenants

Dublin District Court heard the businessman had to be brought “kicking and screaming”.

LUXEMBOURG LANDLORD MARC Godart has to pay a €4,000 legal bill after he “dragged out ” compensating two former Dublin tenants for a year and seven months, a judge has ruled.

Earlier this month, Dublin District Court heard the businessman had to be brought “kicking and screaming” to finally pay two former Dublin tenants €13,563.

Diana Jere and Andre Buchanan went to court to force him to comply with a December 2022 Residential Tenancies Board (RTB) ruling that they were entitled to compensation.

However, they had to launch enforcement proceedings before Judge Marie Quirke when compensation went unpaid and remained outstanding for a year and seven months until July 18, the end of a court-imposed deadline.

When the matter resumed today, Liam Bell BL, for Ms Jere and Mr Buchanan, said the domestic and EU-wide enforcement proceedings had been before the court on five occasions since April and Godart “did not pay until it was dragged out of him”.

Finalising the case, Judge Quirke further ruled today that the former tenants were also entitled to legal costs of just over €3,900 plus VAT.

In February last year, the court had directed the businessman to comply with an earlier Residential Tenancies Board (RTB) ruling that Ms Jere and Mr Buchanan were entitled to the damages.

The RTB had given its findings in December 2022 over their “unlawful eviction” from a rented property on Emmet Street, Dublin 1.

Mr Godart, who has significant property holdings in Ireland, was allegedly the landlord, and his former tenants launched enforcement proceedings to secure an order to compel him to pay.

Mr Bell had told the court, “The court had to bring Mr Godart kicking and screaming in order to get him to pay”. He said the delay was an element of the costs issue.

Judge Quirke noted he has now paid compensation and adjourned measuring of the amount of costs.

She noted their lawyers were looking for just over €4,000 plus VAT and vouched outlays.

In June, Judge Quirke had also granted an order, actionable in the rest of the EU, to force him to pay Ms Jere and Mr Buchanan.

The two ex-tenants had successfully applied to Judge Quirke for a European Enforcement Order (EEO) against Mr Godart of Rue de Hesperange L-5830, Alzingen, Luxembourg.

It is a method of enforcing foreign judgments within the European Union without the need for intermediate proceedings, and it applies only to uncontested claims.

Outlining the background, counsel said Mr Godart did not appear when the RTB initially granted the uncontested order for compensation under section 124 of the Residential Tenancies Act.

Judge Quirke also heard Godart has not appealed the order.

Last month, Ms Lizet Peña-Herrera, another former tenant, received compensation from Green Label Short Lets, a property company directed by Mr Godart.

The Bolivian psychologist, who has lived in Ireland since 2008, won an order in the District Court for payment of an RTB award, adjudicated in December 2022.

The RTB had ordered Green Label Short Lets to pay €15,433 to her because of her illegal eviction from a house on Vintage Court, Cork Street, Dublin 8.

However, the award went unpaid until she eventually took a case in the High Court.

Also last month, in a Dublin City Council (DCC) prosecution before Dublin District Court, Green Label Short Lets avoided a criminal conviction over a former commercial building in Dublin that broke fire safety laws after being repurposed for residential lettings.

The court heard that the Beaver Street property was converted but lacked a range of vital fire safety measures, including an alarm system and viable escape routes. The firm pleaded guilty to an offence contrary to the Fire Services Act.

The case was struck out after it donated €500 to charity and paid €3,884 toward the council’s legal costs.

In February, Mr Godart had another prosecution dropped for “egregious” breaches of planning laws with unauthorised Airbnb lettings in Dublin.

However, two firms he directs, including Green Label Short Lets Ltd, accepted responsibility; they were fined €7,500 and agreed to pay “substantial” legal costs.

DCC also brought those proceedings before Dublin District Court.

That case stemmed from complaints about unauthorised short-term lettings booked through the Airbnb website at three properties in Dublin 1: 11 Capel Street, Block G, The Foundry, Beaver St, and Unit 2A, The Forge, Railway Street.

A council inspector detected the offences after surveying the building between June 4 and 6 last year. His work revealed that some bedrooms were windowless and others were in former shopfronts.

Several tourists from Ireland, mainland Europe, and North America had used them for one to seven days.

By the time that hearing concluded, work had already taken place or was about to start to bring the short-term lettings in line with regulations.

Author
Tom Tuite
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