A heroin addict, who had a €5,000 drug debt, had to hand over his keys and abandon his council flat until the dealer recovered the debt by renting it out to others, a judge has heard.
Declan Hendley (50), who was in court in an attempt to keep his home, told Circuit Court President Mr Raymond Groarke that he could not tell the gardaí about the threats as he had been warned he would be shot.
He instead opted to sleep in drug dens, cars or on sofas in other people’s houses sharing drugs with them while the dealer, known only as ‘Paul’, rented out the flat at Hampton Wood in north Dublin to two tenants who paid him monthly.
Dublin City Council was unaware of any of this and continued to receive Mr Hendley’s rent from his social welfare allowance. Carol O’Farrell, counsel for the local authority, said Mr Hendley had been considered a model tenant.
Mr Hendley told his counsel Serena McGrane that he was “clean” until a relapse brought about by the death of his mother and his partner in 2016 put him back at the mercy of the dealer.
“I was in a very bad state of mind and feared for my life,” he told Ms McGrane.
Worked over
He said he was in his flat when ‘Paul’, who had sent in two cleaners to prepare it for renting, called in. He and two of his associates had earlier worked him over so he handed him the keys and left. He said he had his teeth broken and a gun rammed into his mouth.
The court heard that Mr Hendley’s predicament was not discovered until the debt was paid, the “tenants” had moved out and gardaí had been called when he broke back in to reclaim his home.
The story emerged when when Dublin City Council sought a repossession order for Mr Hendley’s flat. Mr Hendley, who appealed a District Court decision granting possession to the council, told the court he would be homeless if his flat was re-possessed.
Michael Clarke, the council’s housing manager, said Mr Hendley’s flat was one of a number obtained under a 20-year lease as part of its re-housing programme. He said Mr Hendley’s tenancy agreement had been breached by the sub-letting of the property.
Mr Hendley, who said he received a disability allowance, denied breaching his tenancy agreement. He said refused to carry out robberies or shift drugs to clear the €5,000 debt and as soon as the tenants left the flat he sought to get back in there.
Judge Groarke said he was satisfied Mr Hendley had been getting on very well with his life before he relapsed due to considerable personal difficulties. He refused the council’s application and granted Mr Hendley his legal costs.
The judge issued a stern warning against any letting or estate agency or auctioneer who would facilitate drug pushers with unsigned, sham letting agreements as, the judge said, had happened in this case.
Impugn
The judge did not name the letting agency involved as it was not represented in court and he did not want to impugn the reputation of a possibly innocent party, the identity of which was known to the council.
Judge Groarke said that under the Housing Miscellaneous Provisions Act a tenant could not be absent from a premises for a period longer than six weeks, and was not permitted to sub-let the property. The council sought possession for breach of these clauses.
He said Mr Hendley had not voluntarily been involved in such breaches but had been subjected to extreme force under threat of being killed at the hands of the drug dealer.
He said he was acutely conscious of the difficulties faced in the provision of accommodation in thousands of cases by the city council which was an innocent party in the matter and against whom no criticism was or could be levelled.