Renowned sculptor Paul Ferriter has secured a High Court order allowing him to regain access to the studio he rents in Dublin after he was locked out by his landlord.
Mr Ferriter has been working in a studio on the third floor of a building in Upper Exchange Street in Temple Bar since 2006.
On September 11th last the locks on the premises were changed by a security firm acting for his landlord, Rockyvale Ltd.
The High Court heard the parties are in dispute over Mr Ferriter’s entitlement to a lease at the property. Rockyvale Ltd said Mr Ferriter’s lease expired last April.
The court also heard Rockyvale has plans to develop the site. Its counsel, William Abrahamson, said the building, called Fashion House, is to be demolished.
Mr Ferriter claims he is entitled to a new lease, given he has been in continuous occupation of the studio for more than five years.
As a result of the landlord’s action, Mr Ferriter, who was represented by barrister John Donnelly, was unable to access his studio.
Mr Donnelly said Mr Ferriter had very grave concerns he would be unable to complete projects he had been working on in time and his reputation would suffer irreparable damage. He sought orders from the High Court allowing him back into the studio. The application was opposed by the defendants.
Mr Justice Robert Haughton granted Mr Ferriter injunctions against both Rockyvale Ltd and K-Tech Security, the firm hired by the landlord, restraining them from interfering with the sculptor’s access to the premises.
The judge said he was also satisfied to grant an order restraining the defendants from interfering with Mr Ferriter’s use and enjoyment of the premises. The injunctions are to remain in place pending the full hearing of the dispute.
The judge, who earlier refused an application by the defendants to adjourn the case, gave the defendants permission to return to court at any time before the full hearing and seek to have the injunctions lifted.
Mr Ferriter of Clonsilla Road, Blanchardstown, Dublin has completed sculptures of many famous sporting figures, including one of GAA founder Michael Cusack that is located in Croke Park. He has also sculpted international golfers including Seve Ballesteros, Jack Nicklaus and Christy O’Connor Jnr and Snr, and the racehorse War of Attrition.
Seeking the injunctions, Mr Donnelly said his client had been paying €800 a month in rent for the property to his previous landlords O’Mole Investments International Ltd until last March when the building was sold. He said Mr Ferriter then received various correspondence including letters telling him to quit the property as his tenancy had expired. He was also informed he had not paid rent. Mr Ferriter rejected that claim.
After the building was sold he had made inquiries as to who he should pay rent to. In July, when he discovered Rockyvale had bought the building, he offered to pay all the rent due to them. It declined to accept the money from Mr Ferriter, counsel said.
On September 11th last, he was informed the locks on the premises had been changed and security guards had been deployed to prevent him accessing the studio. He needed access to the studio because it was where he kept documents, templates and drawings, as well as moulds used in the creation of his sculptures.
Counsel said his client believed he was entitled to a lease, given he had been based at the studio since 2006. Mr Ferriter will make an application to Dublin Circuit Court for a declaration that he is entitled to such a lease, counsel added.
Opposing the application Mr Abrahamson said Mr Ferriter’s lease had expired last April. Rockyvale was not just seeking vacant possession of the building from Mr Ferriter. It had plans to develop the entire property, counsel said.
Counsel said his client had made an offer to Mr Ferriter allowing access to the studio so he could remove any materials he required.
The matter will return before the courts later this year.