A High Court judge has ordered a Dublin city centre property described as a potential fire safety risk be vacated by all its residents by July 9th.
Mr Justice Paul Gilligan made the orders in respect of 24 Mountjoy Square, subject of a fire safety notice since August 2016, despite objections from a Polish family of 12 who want to remain in the property and fear ending up in emergency accommodation.
The judge said he sympathised with the family as “innocent parties” in this matter but he “could not sit idly by” in regard to a fire safety issue.
Dublin City Council’s fire safety notice of August 2016 remains in place, he noted.
He ordered the family and up to a dozen students, who had been living in the building’s windowless basement, to leave.
The case arose after Anne O’Dwyer, of Duff & Phelps, was appointed receiver last March over the property, owned by Christopher Singh of Lisnacree, Castleknock Road, Castleknock, Dublin 15, and used by his company TWI Textile Machinery and Fabric Company Ltd.
She brought proceedings aimed at securing vacant possession of the property on grounds including the fire safety notice has not been complied with and the property poses a fire safety risk.
The matter had been before the court on a number of occasions.
Not safe
On Friday, Nevan Powell BL, for the receiver, said it remained their case the building is not safe for residents and should be vacated. The receiver was prepared on a humanitarian basis to make money available to aid the family in securing alternative accommodation, he added.
Karen Denning BL, for the council, said, following a recent inspection by a fire safety officer, the council remains of the view the building is not suitable for use as accommodation.
Counsel also confirmed the family living at the premises are not tenants of the council but are on its housing list.
Gerard Murphy BL said he was representing the tenants who lived in an apartment on the third floor of the building. The court heard 12 people, all members of the Piela family, have been living there for several years.
The family were concerned about the disruption any move would have on them especially as they have two children in local schools and are settled in the area, he said. They were also concerned from media reports about being put in B&Bs.
Vincent P Martin BL, for Mr Singh, said substantial works had been carried out on the property by a fire safety expert hired by his client. It was accepted the council is not satisfied with what had been done, counsel said
In his ruling, the judge said, in light of the fire safety notice still in place, the building had to be vacated and could not be used as accommodation. He put a stay to July 9th on the order required the residents to vacate the property.
Monitor
The businesses could continue to operate from the building until the matter returns before the court, he added.
Fire wardens put in place by the court last week to monitor the building 24 hours a day are to remain on site until July 9th, he added.
He adjourned the balance of the receiver’s proceedings seeking an order for possession of the building to next month. Mr Singh opposes that application and argues the receiver’s appointment is invalid. Mr Singh hopes to raise funds which he will use to pay off what is owed to the bank, the court heard.
Mr Singh, it is claimed, borrowed money from Anglo Irish Bank which loans were transferred in 2014 to Kenmare Property Finance Ltd DAC in 2014. Kenmare appointed the receiver after Mr Singh allegedly failed to repay a sum of €489,000 which the fund claims is due and owing.