Tuesday 24 October 2017

Evicted multi-millionaire landlords have ‘gone to ground’ despite unpaid fees, court told

Ray Managh

MULTI-MILLIONAIRE landlords Brendan and Asta Kelly, who were evicted from their Killiney home last April, have "gone to ground", a judge was told today.

Barrister Michael Vallely, counsel for The Waterside Management Company, which has obtained judgment for management charges against the couple, told the Circuit Civil Court the company had been unable to trace them.

Ronan Brennan, the company’s solicitor, and its agent Margaret Ryan had been unable to contact the Kellys for payment of management charges on five apartments they own at The Waterside, Charlotte Quay, Grand Canal Dock, Dublin.

Mr Brennan, of Brennan and Company, told the court he had left messages on Mr Kelly’s mobile phone but they had never been answered.

Mr Vallely said the Kellys had featured extensively in the national media concerning an eviction from their property in Killiney. It had transpired they had an extensive property portfolio and Ms Ryan believed they had gone to ground.

He told Judge Jacqueline Linnane she had earlier granted the company judgment against the Kellys for €9,684.05 for unpaid management charges on the five apartments in The Waterside complex.

Mr Vallely said the company was now asking the court to appoint Ms Ryan as Receiver over rents currently being paid by tenants in the apartments to the Kellys until such time as the judgment and accumulated legal costs had been met.

Judge heard that their barrister Tim Dixon, or his instructing solicitor, did not know where the Kellys lived and that the former accountant communicated with his solicitor only by e-mail.

Mr Dixon told the court that the Kellys, formerly of St Matthias Wood, Killiney, owned 18 properties and so far as he knew could be living in any one of them.

Judge Linnane appointed Ms Ryan as Receiver and granted her powers to receive any rents payable to the Kellys from their tenants occupying apartments 5, 56, 81, 140 and 141 The Waterside, Charlotte Quay, Dublin.

She directed that since no-one knew where the Kellys lived, notice of the court orders could be served on their acting solicitor, Patrick Cunningham, and via e-mail.

Mr Dixon was granted leave to appeal against the judge’s orders providing the Kellys lodged the disputed €9,684 in court. He said the company should have sought to recover any alleged debt against the Kellys by way of instalment order in the District Court.

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