More than 20 adults and children living in three Dublin properties must leave by the end of January, the High Court has ordered.
Ms Justice Leonie Reynolds granted Galway-based credit management firm Everyday Finance DAC various orders requiring the residents to vacate and hand over possession of the properties at Fairview Avenue. A stay applies on the orders to January 31st.
The properties were acquired by Everyday Finance earlier this year when it bought loans allegedly made by Permanent TSB in 2002 and used by businessman Jerry Beades to buy the three houses.
Following lengthy legally proceedings involving it and its predecessors in title, Everyday Finance claimed it had been unable to obtain possession of the properties and the occupants would not co-operate with it.
The judge did not accept arguments advanced by some of the residents that they had valid leases in respect of the properties.
The judge refused an application by Tomasz and Marta Skorupinska, who have two young children, to adjourn the matter to allow them more time to get lawyers.
She noted that they had previously discharged solicitors who came on record to advise and represent them and had had several months to obtain new lawyers. Having read recent sworn statements on behalf of the couple, she said it appeared they “had help” with those documents. She said she was not prepared to allow any more delays and told the couple “time has run out”.
Default
In her ruling, the judge said possession orders in respect of the properties had been before the courts since 2012. The properties were acquired by Mr Beades in 2002. It was claimed he had borrowed €1.7 million from Permanent TSB. Proceedings were brought following alleged default on repayment of the loans, which were acquired by a fund, Cheldon Property Finance.
An order against Mr Beades for possession of the properties was confirmed following a decision by the Supreme Court in 2016. Earlier this year, Cheldon obtained orders for execution of the possession order but, when it was unable to do so, it returned to the High Court.
Following a hearing in July, Mr Beades, who has appeals before the Court of Appeal over the possession orders, and his former spouse Brid Kavanagh, who had claimed an interest in the properties, gave undertakings. These include they would not impede Everyday Finance, which took over the loans from Cheldon last April, in its efforts to take possession of the properties.
Everyday Finance, represented by Stephen Byrne BL, disputed that the residents had any valid lease concerning the properties, where they claim to have lived for several years.
Counsel said, when this matter was before the court in July, Everyday Finance was prepared to allow the residents to stay on rent-free for several months so they could save enough for a deposit on new accommodation but that offer was not accepted.
The residents had not co-operated with Everyday Finance or its predecessors in title, he said. Because its agents were not allowed to inspect the properties. Everyday Finance also had concerns about their condition.