Man collecting rent from 13 families 'unknown to property owners', court told

A High Court judge wants the Garda Fraud Squad to investigate why 13 families who must leave their homes within a week were paying rent to a unknown third party.

Mr Justice Paul Gilligan made his comment after being informed that despite taking up to €200 a week from the families, this unknown man 'Brian' does not represent the building's owner nor the bank appointed receiver over the property.

The Judge said the matter should be investigated by the gardaí because he fears the families, which include 12 young children, living in eight units at 16 Annesley Bridge Road, in Fairview, Dublin 3 are being taken advantage of.

The Judge re-affirmed orders sought by the receiver Simon Coyle requiring the families to give up vacant possession of the property by next Wednesday.

Two of the property's residents, who the court heard come from Romania, said they have nowhere else to go.

The court heard that Mr Coyle, an insolvency practitioner, was appointed receiver over the property by Bank of Ireland in January 2015, but has been unable to take possession of the premises.

Bank of Ireland appointed the receiver over a debt it claims it is owed by the property's owner Mr John Farrelly otherwise known as John O'Farrelly of Attractra Road, Cabra, Dublin 7.

Last November Mr Coyle secured a High Court injunction preventing Mr Farrelly and all those occupying the premises from interfering with, trespassing on, dealing with or taking possession of the property.

The receiver, represented by Declan Wade Bl, claimed those orders were not complied with.

As a result of that alleged breach of the High Court's orders the receiver returned to court seeking orders for the attachment and committal of Mr Farrelly and any other persons currently living there.

When matter came before the High Court today, Mr Justice Gilligan said it was "very serious".

Representing himself Mr Farrelly denied he had breached the court orders.

Arising out of the contempt of court action he said he went to the premises last week and told those living there that they had to leave. Mr Farrelly added he had nothing to do with the property since the receiver's appointment.

Two men Daniel Stoinan and Dumitru Vasile told the court they are among the 13 families living at the property. They asked the court if they could be allowed remain in the units for a while longer.

In reply to the Judge they said they were paying €180 to €200 per week in rent for the units to the man called "Brian". They were not certain what Brian's surname is.

They did not get receipts for their payments, which were made in cash.

Mr Wade said this man Brian did not act for his client and since his appointed Mr Coyle "never got any rent" from people living at the property.

In reply to the Judge Mr Farrelly said the person called 'Brian' was not collecting rent for him.

Mr Justice Gilligan said he was referring the matter to the Garda Commissioner so the fraud squad could open an investigation.

The Judge said it appeared those residing there are "being taken advantage of," as it appeared somebody was collecting rent that "has no right to do so".

If they were not paying rent to either the receiver or the owner they were trespassing the Judge said. The Judge then agreed to give the residents a week to leave the property by next Wednesday.

The Judge adjourned the matter for a week.

Outside of court Mr Stoinan said the people living at the units had nowhere else to go. He said they had been living there for periods up to two years. They had also paid deposits of €1,000 to 'Brian', he said.

"We just don't know what we can do or where we can go. Some of the people living there are working and some have children at school," said Mr Stoinan.