THE BANK-appointed joint receivers to an apartment complex in Monaghan have alleged the owner has changed locks on the premises and has engaged in conduct leading some tenants to leave.
The president of the High Court, Mr Justice Nicholas Kearns, yesterday granted liberty to bring injunction proceedings next Tuesday against Kieran McGuigan, Concra, Castleblayney, over the alleged conduct.
Jarlath Ryan, for joint receivers Glen Cran and Mark Reynolds of Savills Commercial Ireland Ltd, said Mr McGuigan had entered the complex of eight apartments at 8/9 The Diamond, Monaghan, had changed locks and circulated material to tenants alleging the receivership was a “scam”.
He had also contacted tenants seeking to have rents paid to him rather than the receivers.
Some of the tenants had started to leave the complex arising from this behaviour, Mr Ryan said.
The receivers were appointed by Anglo Irish Bank Corporation on October 11th on foot of a mortgage security document in favour of the bank dated September 14th, 2007.
In an affidavit, Mr Cran said the receivers were appointed arising from liabilities under loan agreements between Mr McGuigan and the bank to finance the purchase of the complex.
When he informed Mr McGuigan of his appointment, he said Mr McGuigan had sought personal details from him in an attempt, as Mr McGuigan had described it, to “screen” him.
On October 20th, Mr Cran said he got a call from a tenant to say the tenants had got a letter from Mr McGuigan which sought to characterise the receivers’ behaviour as a “scam”.
Another letter was also sent to the Dublin office of Savills stating it had no legal right to interfere with Mr McGuigan and characterising the receivers’ behaviour as unlawful.
Mr Cran said he decided to have the locks changed on the complex on October 21st. From October 24th, the receivers were contacted by tenants claiming Mr McGuigan was seeking to have rents paid to him. Then the locks on the premises were changed and he believed this was the work of the defendant, Mr Cran said.
