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Injunction granted against landlord

Posted on 8th January, by emma in Landlord/Tenant. No Comments

The landlord of a well-known Dublin guesthouse has barricaded himself inside the premises and has refused to let anyone in, the High Court heard yesterday.

Desmond Killoran, who owns the Leeson Bridge Guest House at Upper Leeson Street, Dublin, last week occupied the guesthouse’s reception hall and has nailed shut the front and rear doors and the emergency fire exit.

The court heard Mr Killoran claims the terms of a lease agreement he entered into with the guesthouse’s operator, Derek Byrne, has been breached. Mr Byrne, who for the last number of years has operated the 19-room guesthouse which caters for 38 guests and employs about nine staff, denies that claim.

Mr Byrne, in an affidavit, said Mr Killoran has taken this action in a bid to prevent receivers, appointed last month by AIB over Mr Killoran’s interest in the premises, from collecting rent due under the terms of the lease agreement.

Mr Byrne has gone to the High Court because Mr Killoran’s actions are “hugely embarrassing, and damaging to the reputation of the premises”, which “cannot function” while Mr Killoran remains present.

He also claims Mr Killoran’s actions are illegal and unlawful, and Mr Killoran has refused his request to vacate the premises.

Yesterday Mr Justice Colm MacEochaidh granted Mr Byrne a temporary injunction ordering Mr Killoran to vacate the premises and restrained him from occupying it any further. The order, which was granted on an ex-parte basis (one side only), was made returnable to a date later this month.

In his affidavit Mr Byrne, of Ratharney, Abbeyshrule, Co Longford, said he leased the premises from Mr Killoran in 2010. The lease was for three years and rent was set at €126,000 a year.

The rent was paid on a monthly basis, and all payments were up to date.

Last month AIB appointed a receiver over Mr Killoran’s interests in the premises. Mr Byrne was informed that as a result any rent due would have to be paid to the receiver.

Mr Byrne said his staff and the guests have been effectively locked out after Mr Killoran entered the premises on January 2nd last

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