Sunday 18 February 2018

Moore Street retailer 'unceremoniously turfed out' of premises after objecting to doubling of rent, court told

Tim Healy

A RETAILER in Dublin's Moore Street was "unceremoniously turfed out" of her premises after she objected to the more than doubling of her rent overnight by her new landlord, the High Court heard.

Mr Justice Michael Peart granted a temporary injunction restraining Parnell Street Project Ltd, Richard Moyles and Alex Lazar from allowing anyone other than Stella Esemuede  to occupy Unit 3 of the Moore Street Mall pending further order on Monday next. 

The mall is at the corner of Moore Street and Parnell Street and contains a number of multi-cultural retail and food outlets.

The application by lawyers for Ms Esemuede was brought on a one side only-represented basis before Mr Justice Peart who also gave permission for service of the proceedings at short notice on the defendants.

Counsel for Ms Esemuede said his client had been a tenant since 2009 paying €1,500 per month along with an initial security deposit of €14,000.

She was recently notified that the landlord's interest in the property had been transferred to Parnell Street Project Ltd and subsequently she received a demand for a monthly rent of €4,000 which she never agreed to.

She consulted a solicitor who sent a letter to the the new landlord saying she was contesting the rent increase under landlord and tenancy legislation.

However, that led to an "angry response" with that letter was torn up in Ms Esemuede's presence and then the gas and electricity was cut off, leading to damage to food products in the premises, counsel said.   "She was unceremoniously turfed out of the premises", counsel said.

Mr Justice Peart declined to make an order that she be allowed back in but said he was prepared to give an interim injunction until Monday that no one else should occupy the premises, other than her.

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