Evicted couple win appeal over court order

A couple evicted from their home a year ago have won 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 evicted in April last year from their home at St Matthias Wood Killiney, Co Dublin, in relation to debts owed to the now liquidated Irish Bank Resolution Corporation.

A video of the eviction was posted on YouTube.

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

In Jun 2011, 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.

The debt was not paid and last December, the circuit court appointed Waterside’s managing agent, Margaret Ryan, as receiver over the rents received by the Kellys.

The couple, whose address was given as Simmonscourt Castle, Ballsbridge, Dublin, appealed. Yesterday the High Court overturned the order.

Mr Justice Nicholas Kearns ruled the appointment of a receiver was confined to cases where a debtor has an interest in the property concerned as previously determined in other cases. He also said it would appear the management company has not exhausted “all reasonably available avenues at law” in seeking to execute the €9,684 judgment.