A judge has told a company director that premises she wished to re-enter, after having been locked out by the landlord for failure to pay rent, had been kept in an “absolutely disgusting state and a health hazard.”
Judge Jacqueline Linnane told barrister Raymond Delahunt, counsel for Martina Investments Limited, that from photographs he had produced in court it looked as if someone had been living on the premises in breach of a tenancy agreement.
Mr Delahunt, who appeared with Bohan Solicitors, told the Circuit Civil Court that Martina Investments had three weeks ago, on foot of a forfeiture notice, conducted a peaceable re-entry in the presence of gardaí and changed the locks.
He told Judge Linnane that GP Digital Print Limited had owed Martina Investments €18,000 in unpaid rent and had, unknown to his client, been sub letting part of the premises at 41A Pleasant Street, Dublin, as a Tai Chi studio.
Mr Delahunt said that when Martina Investments agent Janette Hurrell, of Prouds Rentals, entered the premises she had been shocked to find the interior in a state of absolute chaos and clearly a health and safety hazard.
“It was clear to me that the premises had not been used for some time and had been left in a deplorable condition,” Ms Hurrell said in an affidavit.
She said she had spoken to a Mr Jan Golden who claimed he had been a sub-tenant of GP Digital Print Limited to whom he had been paying an annual rent of €15,000 a year. This had shocked her as Ms Nyssan Deeb, a director of the print company, had earlier claimed to have been running the Tai Chi classes.
Mr Delahunt told the court that on re-entry to the premises two large tanks of propane gas were in the premises and had been evidently used to heat the building or effect repairs to machinery. From the contents of an ash tray it seemed someone had been smoking in the premises.
He told the court there was evidence of exposed electricity wires and several bottles of highly flammable liquids that had not been properly been stored away.
Mr Delahunt told the court that the premises had been leased to GP Digital Print at a rent of €36,000 a year but this had been reduced. His client was owed €18,000 rent.
Nyssan Deeb, a director of GP Digital Print Limited, had asked the court to grant the company injunctive relief directing the landlord to provide new keys and afford the company right of re-entry.
She alleged that because of works being carried out near to the premises she had been effectively forced against her wishes to stop trading due to breach of covenant for quiet enjoyment of the premises. Her company had not permanently moved out of the premises.
Judge Linnane refused to grant Digital Print Limited, stating there had been a lack of candour by Ms Deeb in an affidavit she had made to the court. The judge adjourned the matter of legal costs to next week and directed that by then Digital Print should have paid its landlord the €18,000 outstanding rent.