Wednesday 20 November 2019

Family are given seven days to vacate home they're renting for €2,000 a month

SALE AGREED: The house at 3 Kerrymount Rise, Foxrock
SALE AGREED: The house at 3 Kerrymount Rise, Foxrock

Ray Managh

A COUPLE and their five children aged between four and 14 have been given seven days by a judge to vacate their €500-a-week rented home in Foxrock, Co Dublin.

Judge Jacqueline Linnane said that although Robert and Angela Fubara were up to date with rent payments, they were holding up the sale of 3 Kerrymount Rise, Foxrock, Dublin 18, in breach of an order to quit by the Private Residential Tenancies Board (PRTB).

The Circuit Civil Court heard that the property belonged to the late Mrs Marie Donegan, of Belmont House, Galloping Green, Stillorgan Road, Co Dublin.

Tony Lord, a chartered engineer of Limmer Lane, Bognor Regis, West Sussex, England, who is one of three executors administering Mrs Donegan's estate, applied to the court for an order enforcing a determination of the PRTB directing the Fubaras to quit and pay €1,000 damages for overholding.

Mr Lord told the court that the property had originally been rented to the Fubaras on a short-term lease until September 30, 2013, after which the tenancy would continue on a monthly basis.

He said that in June 2014 he and co-executors Bolton based chartered accountant John Shaw and Ms Lucie Duffy, Belmont Gardens, Donnybrook, Dublin 4 had decided to sell the house.

The tenancy had been lawfully terminated and the Fubaras had been overholding since September 4, 2014. The PRTB had directed that the Fubaras vacate the property within seven days and ordered them to pay €2,000 per month from October 2014 and up until today at a daily rate of €65.75.

Angela Fubara said she and her husband Robert lived at the house with their five children who attended local schools. They were owners of a house currently under construction at 46 Hainault Road, Foxrock.

She said construction had been delayed by a difficulty in planning permission and due to a dispute with the building contractor. They had made numerous unsuccessful attempts to secure alternative short term local accommodation.

Ms Fubara said building was now at an advanced stage and a new firm of builders believed they could move into their new house within eight weeks.

A solicitor for the Fubaras said they had no objection to an order to vacate being made with a stay.

Judge Linnane, ordering the Fubaras to vacate the property within seven days, said they were holding up the sale of the Kerrymount Rise property which was "sale agreed".

The judge said no-one would enter into a contract where they could not be assured of vacant possession. The Fubaras were preventing the executors complying with their duties to administer the estate and had failed to pay the €1,000 for overholding.

Accepting an undertaking that the €1,000 would be paid forthwith, Judge Linnane said if the court had to grant judgment for the amount against the Fubaras it would affect their credit rating.

Irish Independent

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