Courts

Court hears up to 14 people are unlawfully occupying south Dublin house

Debt purchasing firm Pepper Finance Corporation seeking possession of property in Terenure

The High Court heard that in 2021 Pepper acquired a loan on the property from Ulster Bank taken out in 2006 by the previous owners
The High Court heard that in 2021 Pepper acquired a loan on the property from Ulster Bank taken out in 2006 by the previous owners
Fri Jul 19 2024 - 18:31

Up to 14 people are in unlawful occupation of a house in Terenure, Dublin, the High Court heard.

The 14 are alleged to be foreign nationals, a number of whom have told a receiver’s agents that they are paying rent to a man called “Gunter”.

The claims came in an application by the debt purchasing firm Pepper Finance Corporation (Ireland) DAC for orders against “persons unknown” occupying 74 Terenure Road East seeking that they hand over possession to Pepper-appointed receiver Declan Taite.

The application is also against John Gibbons who has allegedly produced a purported sub-lease agreement from 2013 with the occupants of the property.

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Mr Gibbons has also allegedly produced another lease agreement he said he had with the previous owners who he claimed owed him significant sums of money as a result of work he carried out at the property.

In a one side only represented (ex parte) application seeking to bring proceedings against Mr Gibbons and persons unknown, Niall Ó'hUiginn BL, for Pepper and the receiver, described them as “sham” leases.

Counsel said Mr Gibbons had also said that they were “my men” residing at the property. He had asked that he be given until August 12th to allow them to vacate as some were already looking elsewhere to live and others had already left.

Counsel said while his clients were amenable to the August 12th date, Mr Gibbons had refused to provide the identities of those in occupation and he could not purport to speak on their behalf.

As a result, his clients had brought proceedings seeking possession and restraining the defendants and others from entering the property. They are also seeking an order restraining Mr Gibbons, or his agents, from collecting rent or holding himself out as having an entitlement to do so.

Mr Justice Mark Sanfey said he was satisfied to grant the plaintiffs leave to serve at short notice the proceedings on the defendants and said the case can return next week. Mr Gibbons can be served by email while notices can be posted on the front door in relation to persons unknown, he directed.

The court heard that in 2021 Pepper acquired a loan on the property from Ulster Bank taken out in 2006 by the previous owners. After the previous owners went into default on their mortgage, Pepper appointed a receiver last November.