Saturday 20 October 2018

Up to 40 tenants living in four-bed house with overflowing septic tank ordered to vacate property

The HSE and fire safety officers had serious concerns over the property (Stock Image)
The HSE and fire safety officers had serious concerns over the property (Stock Image)

Tim Healy

A FOUR-bed house and adjoining buildings which are allegedly used as a hostel for up to 40 people must be vacated immediately by High Court order.

A receiver over the property at Lucknow, on the Dublin Road near Kildare Town, obtained the order after the court heard the HSE, Kildare Co Council and the local fire safety officer have serious concerns over the manner the property is being occupied. 

Michael McAteer, who was appointed receiver over the property, sought injunctions against a Victor Golis, and all persons unknown, who are residing there.

Mr McAteer was appointed in 2013 by Bank of Ireland over the property and over several other assets of its owner, businessman John Quinn.

Mr McAteer, of Grant Thornton, claims the property has been occupied in a dangerous manner and has put at risk the lives of those staying there.

Mr Justice Paul Gilligan granted the injunctions "in the interest of public health and safety".  He was satisfied to make orders restraining the defendants from remaining on the property, and granted the receiver possession of the site.

The defendants were also restrained from interfering with, impeding or obstructing Mr McAteer or his agents in course of his function as receiver over the property. 

The residents must also remove their property and personal belongings from the site and that they cannot attend at or nearby the Lucknow property, the judge ordered.

The injunctions are to remain in place pending the full hearing of the matter.

The receiver's proceedings are also against Mr Quinn, Woodside House, Dunstown Brannockstown, Co Kildare.

The judge adjourned the case against him for three weeks after Mr Quinn gave an undertaking not to attend at or interfere with the property. 

Mr Quinn said he is currently working in the UK and said he did not have any dealings with the property for some time.

However the receiver rejects this and alleges that has been seen around the property.

Mr McAteer says that since his appointment, he had not got co-operation from the residents at Lucknow or any rent.

It is believed Mr Golis had resided at the property, and had been collecting rent from the others.

However the receiver is not certain who exactly is currently residing there.

Counsel for the receiver said that it had been estimated that 40 people had at one point been living at the property.

The main house had been subdivided into six bedsits and several temporary structures had been built.

The electricity has been cut off and was now being powered by a generator. 

An unauthorised dump, where end of life cars have been left, has also been found on the property, the court heard.

The septic tank at the site was overflowing.

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