Courts

High Court gives unlawful occupants of Dublin property one month to vacate

Named and unnamed persons alleged to be trespassing property on James Street

The property is on the junction of James Street, Dublin 8, and Steeven's Lane, on which the Luas runs to Heuston Station. Photograph: Google Streetview

Aodhan O'Faolain
Tue May 7 2024 - 18:10

A High Court judge has ruled that up to a dozen persons unlawfully occupying a four-storey building in Dublin city centre must leave the property by the end of the month.

Sumberry Limited had brought proceedings against persons alleged to be trespassing the property, which had formerly been a music shop, known as West End House, 134 James Street, in Dublin 8.

When the matter came before the High Court on Tuesday Mr Justice Mark Sanfey said that he as satisfied to make mandatory orders requiring all parties alleged to be trespassing and unlawfully residing at the building to leave.

The judge after hearing submissions from one of the people living there, Ms Jem Cleaver, agreed to put a stay on the orders until the 29th of May next.

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The judge told her that she has no right to occupy the property, and that all those living there must have known that the day when they would have to leave was “inevitable”.

Clearly they had no right to be there given that no valid tenancies nor leases between the owners and the residents exist, the judge said.

The judge said he was granting the stay to allow those living there to make arrangements to find alternative accommodation.

Mr Stephen Bedford, who is a named defendant in the proceedings and was alleged to have been seen by the plaintiff’s agents at the property, was not present in court when the case was called on.

In her submissions to the court Ms Cleaver, who represented herself, said she was seeking legal advice on the matter as she is just “a simple country girl”. She said Mr Bedford did not reside at the building.

In its application seeking the injunctions requiring the company, represented by David Geoghegan Bl, and instructed by solicitor Gartlan Furey, said it bought the building in 2021 for €800,000, and has secured planning permission to develop it into 11 apartments.

It claimed that the property, which had previously been unoccupied and boarded up, has been occupied by several unknown parties since sometime last January.

It claimed that it was not able to gain access to the property and that none of those in occupation had permission or lawful reason to be present at the building.

The building is not suitable for residential accommodation, and the plaintiff says it does have health and safety concerns for those currently in occupation, the plaintiff adds.

The plaintiff claimed it was unable to access the property, which it added was not previously used for residential purposes and may not have a working fire alarm system in place.

As a result it sought various orders including an injunction restraining the defendants from continuing to occupy the property.

The plaintiff also seeks orders restraining the defendants from preventing the owners from accessing the building and that the defendants vacate and cease trespassing at the property.

In reply Ms Cleaver disputed many of the plaintiff’s claims, and said the property comprises of three flats, with working utilities, fire alarms and extinguishers, and was used as a rehearsal venue for musicians rather than as a music shop.

She had resided there with her boyfriend, and argued that she and others had not been properly served with the court documents in respect of the injunction application.

She was also critical of the owners’ attempts to communicate with the residents in respect of the matter.

However in reply to the court she accepted that she had no entitlement to reside in the property.

While it was accepted that she could only speak for herself and not the other residents Ms Cleaver said that she would comply with the court’s order.

She added that time was needed, given the current housing crisis to allow the residents to attempt to find alternative accommodation.

Mr Justice Sanfey agreed to place a stay on his order to vacate the property until May 29th, and asked Ms Cleaver to inform the other residents of the court’s decision.

The matter will return before the court later this month.

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