Monday 19 March 2018

'YouTube eviction couple' bring appeal against receiver

Brendan Kelly, (71) and his German-born wife Asta (63)
Brendan Kelly, (71) and his German-born wife Asta (63)

A COUPLE, whose eviction from their Killiney home last year was posted on Youtube, have brought an appeal against a court order appointing a receiver over rents from five apartments they own.

Retired accountant Brendan Kelly and his wife Asta Kelly were videoed being evicted last April from their home at St Matthias Wood, in relation to debts owed to the now liquidated Irish Bank Resolution Corporation.


The couple were also landlords to five apartments at The Waterside, Charlotte Quay, Grand Canal Dock, Dublin, on which €30,000 in management fees is now allegedly outstanding.


In June 2011, the apartment managers, Waterside Management Co Ltd, obtained a Circuit Court judgment against them for €9.684 it claimed was due in service charges in relation to those flats for which the couple had been receiving rents from the tenants occupying them.


The company's managing agent, Margaret Ryan, said in an affidavit that despite efforts to enforce that judgment, including the involvement of the City Sheriff, the debt remained outstanding.


Ms Ryan said despite many calls to where the couple were living at at the time, Simmonscourt Castle, Ballsbridge, Dublin, as well as a number of phone calls to Mr Kelly it has not been possible to enforce the judgment.


She believed that the couple, who she said had "featured extensively in the national media concerning an eviction from their property in Killiney", had "gone to ground."


Ms Ryan also said that to her knowledge all five apartments are occupied and generating a monthly rental income of between €1,000 and €1,300 each.


Last December, the company obtained a Circuit Court order appointing Ms Ryan as receiver over those rents.


Yesterday, the couple went to the High Court to appeal that decision claiming the appointment of a receiver was not an appropriate remedy for recovery of the debt.


The president of the High Court, Mr Justice Nicholas Kearns, said he would give his decision later.


Mr Kelly said in an affidavit sworn on December 6 last, in which his address is given as Simmonscourt Castle, he had not gone to ground but has been busy trying to deal with other creditors in the best way he could.


He said all five properties are mortgaged to Permanent TSB and Bank of Scotland Ireland who are entitled to be paid the rents to discharge monthly payments due to them, the bulk of which is €4,318 per month to PTSB.  If he mortgage does not get paid, it is unclear as to what obligation PTSB would be under to pay the service charge arrears where they can take steps to enforce the mortgage, he said.


Mr Kelly also said the service charges are exorbitant and he is not the only apartment owner who is in disagreement with the level of

charge being imposed.   There are also issues over whether the

management company is in compliance with the 2011 Multi Unit Development Act, he said.


Tim Dixon BL, for the couple, argued yesterday the appropriate forum for recovery of a management fee debt was by applying the the District Court for instalment orders for repayment.


Michael Vallely, for the management company, said the appeal should rejected because various efforts to get the Kellys to engage had not been successful and there was "no reality in going to the District Court."

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