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RTE News: Business secures injunction against alleged eviction

RTE NEWS Thursday, 23 Apr 2020 18:54

A furniture business which was unable to pay rent this month due to the Covid-19 emergency has secured an interim High Court injunction over its alleged eviction from a Dublin warehouse.

Lawyers (Sherwin O'Riordan Solicitors) for Design Features Ltd, argued, under its lease for the premises and the emergency measures introduced by the government in response to the Covid-19 crisis, the alleged eviction was not permissible.

Mr Justice Richard Humphreys today granted the plaintiff interim orders against Goldstein Property ICAV, Goldstein Property Fund 1 and QuantaCapital Investments Ltd directing them to provide the plaintiff with access to the warehouse, at Unit 5, Finches Business Park, Long Mile Road, Dublin 12.

Only one side was represented in the case which was adjourned until early May.

The court was told the first two defendants are property funds with a registered place of business at Harcourt Street, Dublin 2, and the third defendant is a company, with a registered place of business at Molesworth Street, Dublin 2, which manages the warehouse property.

The furniture company is based at the E.P Mooney Centre, Long Mile Road, and has traded from there for some 22 years.

It uses the Unit 5 property as a warehouse for storage of stock for its store and online business and has a five year lease in that regard, dating from December 2018.

Barrister Hugh O'Flaherty said the rent and all other obligations under the lease were all up to date to the end of March but, as a result of the Covid-19 crisis and the restrictions introduced by the government, his client had to cease trading towards the end of March and had advised the defendants it could not pay rent for April.

The warehouse is in a business park which is accessed electronically but his side had been unable to get access since 9 April.

There was correspondence with the defendants who maintained there was access, he said.

The company needed access because it has stock arriving from abroad which it needs to store in the warehouse, it was stated in court documents.

Mr O'Flaherty said they would argue the prevention of access amounted to unlawful eviction and the defendants are in breach of the lease and the Emergency Measures in the Public Interest (Covid-19) Act 2020, which include a provision against evictions for the emergency period. 

View RTE Article Here

 

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