Saturday 21 April 2018

Judge's concern over fire-safety eviction claims

'The fund seeks orders against the couple including an injunction preventing them from trespassing or occupying premises at 85-86 Barrack Street, Cork. The couple have opposed the application' Stock photo: Getty Images/iStockphoto
'The fund seeks orders against the couple including an injunction preventing them from trespassing or occupying premises at 85-86 Barrack Street, Cork. The couple have opposed the application' Stock photo: Getty Images/iStockphoto

Tim Healy

A High Court judge has expressed concerns about ­"foreign-owned funds" using fire safety issues when seeking to put people out of properties.

The remarks were made by Mr Justice Paul Gilligan when an action brought by Targeted Investment Opportunities ICAV (TIO) against a young couple, Sean O'Nuanain and Melanie Mook, was briefly mentioned.

The fund seeks orders against the couple including an injunction preventing them from trespassing or occupying premises at 85-86 Barrack Street, Cork. The couple have opposed the application.

After being informed TIO was seeking orders on fire safety grounds, the judge said he was taking a view about the number of cases beginning "to creep in" where foreign-owned funds, or receivers acting on their behalf, seek to put people out of their homes over fire safety concerns.

He said he was speaking "in general terms" and not taking a view on any specific case.

The fund said neither it, nor the previous owners, granted the couple a valid tenancy. The couple say they have a written agreement to allow them to remain in the properties.

The judge adjourned matters for two weeks.

Irish Independent

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