THE OWNERS of a Co Donegal shopping centre have been given permission by the High Court to take proceedings against one of its tenants in a dispute over rent.
Lindat Ltd, which is part of the Harcourt Developments Group, Harcourt Street, Dublin, owner of Letterkenny Shopping Centre was given permission by Ms Justice Mary Laffoy to bring an application today to restrain Alfie Greene entering and remaining at Unit 30 of the shopping centre.
Lindat is also seeking an injunction restraining Mr Greene, The Market Centre, Letterkenny, trespassing or causing a nuisance at Unit 30, where he has operated a shoe shop.
James Dwyer SC, for Lindat, said it had entered into a lease agreement with Mr Greene for €75,000 per year. Between July 2005 and last January, the agreement was kept in a satisfactory manner and, during that time, the defendant also enjoyed a rent abatement.
From January last, Mr Greene went into arrears of rent. The amount of rent owed was disputed, with Lindat claiming it stood at €15,000 on June 10th, counsel said. Lindat claims no offer was made to clear the arrears.
After issuing warnings, the firm says it changed the locks on June 17th.
It was claimed Mr Greene opened the new locks on June 19th and traded at the premises. The unit was locked last Sunday and a security guard was posted.
Counsel said Lindat has brought the proceedings against Mr Greene because it is concerned its business will be damaged.
Lindat director Patrick Power said in an affidavit the company takes issue with a number of media reports in relation to disputes over rent at Letterkenny Shopping Centre. It said Mr Greene’s rent was not up for review until July and no notice of rent had been served on him.
In certain other cases notices of rent review had been issued, Mr Power said. The suggestion Lindat planned to increase rent at the centre by 45 per cent was incorrect, he said.