Action over access to Beacon Hotel dismissed by High Court

Residents of apartment block could enter facility through connecting doors

The Beacon Hotel, in Sandyford.

The High Court has dismissed an action by a management company representing residents of a south Dublin apartment block over being prevented from directly accessing a hotel in the development.

Beacon One Management Company Ltd sued Beacon Leisure Investments Ltd, which operates the Beacon Hotel in Sandyford Business Park, in Dublin.

Beacon One manages some 70 apartments which are in the same unit – Block E in the Beacon Court development – but are separate entities to the hotel.

The action was taken over the hotel owner’s proposals to stop the apartment residents from gaining access to the hotel via interconnecting doors located in the property’s corridors.

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The defendants, represented by Micheal O’Connell SC, had denied the claims and had argued that it was entitled to take the steps preventing access to its facility.

In his judgment, Mr Justice Allen said the case centred on the interpretation of lease agreements in respect of the apartments but was satisfied that the residents did not have a right of access through the hotel.

In its action, the management company claimed the residents had been able to gain access to the hotel through doors linking the two premises on several floors of the shared unit.

Access had been available for over a decade and many residents pay to use the hotel’s gym, it was claimed.

After the hotel changed ownership in 2016, the new hotel operator was unhappy that the residents had free access to the hotel. It gave the residents notice of its intention to stop direct access to the hotel, except in the event of a fire.

In his judgment, the judge said there were no references to the hotel in the apartment leases, and the leases when properly constructed did not confer the right contended for.