A four-bedroom residential property in Co Kildare allegedly used as a “hostel” or “camp” with up to 40 people living there and in nearby temporary structures should be immediately vacated, the High Court has ordered.
A bank-appointed receiver said the property was also being used as an illegal dump and the HSE, Kildare County Council and its fire safety officer had serious health and safety concerns over how it was being occupied.
The injunctions granted against Victor Golis and all persons unknown residing at Lucknow, Dublin Road, Kildare were sought by Eithne Corry Bl, instructed by Kane Tuohy solicitors, for Michael McAteer, appointed by Bank of Ireland in 2013 as receiver over the property and several other assets of its owner, businessman John Quinn.
Mr McAteer claims the property has been occupied in a dangerous manner and there is a risk to the lives of those staying there.
Granting the injunctions on Wednesday, Mr Justice Paul Gilligan said he was doing so “in the interests of public health and safety”.
The orders restrain the defendants remaining on the property, grant the receiver possession of the site, restrain interference with the receiver and require the residents to remove their property and personal belongings from the site.
The orders are to remain in place pending the full hearing of the receiver’s proceedings.
Adjournment
The proceedings are also against Mr Quinn, Woodside House, Dunstown Brannockstown, Co Kildare, but the case against him was adjourned for three weeks to allow him respond to claims concerning his conduct contained in sworn statements supporting the receiver’s application after he gave undertakings not to attend at the property or interfere with it.
Mr Quinn said he was currently working in the UK and did not have any dealings with the property for some time.
The receiver disputes that and claims Mr Quinn has been seen around the property.
Since his appointment, the receiver said he had not got co-operation from the residents at Lucknow nor any rent. While he believed Mr Golis had resided at the property and had been collecting rent from the others, Mr McAteer was not certain who exactly was currently residing at the property.
Counsel said it was estimated 40 people had at one point been living at the property, an average four-bedroom property subdivided into six bedsits. Several temporary structures or outhouses had also been built on the property.
The electricity has been cut off and was now being powered by a generator and the septic tank was overflowing, she said. An unauthorised refuse dump, where end-of-life cars had been left, had been found on the property.
Counsel said, since the receiver was appointed, he had brought proceedings in respect of the tenants at Lucknow before the Private Residential Tenancies Board (PRTB) and the Circuit Court.
While the receiver got orders for vacant possession of the site, they had been appealed by Mr Golis but he had not turned up when the appeals came before the PRTB, counsel said.
Mr Justice Gilligan said there were “serious issues” involved and matters “need to come to a finality”.
After directing all outstanding matters in relation to the receiver’s applications before the PRTB be listed before him, the judge adjourned the case for three weeks.