Cork family whose home of six years was rented out in their absence are back in property, court hears

By Ann O'Loughlin

A family who discovered their rented home of six years was purportedly rented to another man who refused to let them in are now back in the property pending the outcome of a dispute over their tenancy, the High Court has heard

Catherine Hadley secured a High Court injunction two weeks ago after she returned home from a school run to find another person had moved into the four-bedroom house on 12 acres at Kilbeg, Leap, Glandore, Co Cork, that she shares with her fiancé James Brain and their two children,

A Mr Patrick Lynch told her he was the new tenant and showed her a purported residential agreement with the owner Bartholomew 'Sonny' Whelton.

The family, represented by Eanna Mulloy SC, got an order from Ms Justice Caroline Costello restraining trespass on the property by Mr Lynch and Mr Whelton.

The matter returned before the High Court today when Mr Mulloy said the family were back in the property, the status quo has been maintained, and the defendants had consented to orders being put in place pending the final outcome of the proceedings.

The defendants had agreed to surrender possession of the property, were prevented from trespassing, removed all trespassers and items brought on the premises and cannot deal with the property other than in accordance with the protections afforded to the family under the Residential Tenancies Act.

Vincent P Martin SC for the defendants said his clients were consenting to the various order being put in place. The court had suggested the defendants obtain legal advice, which counsel said they had done.

Counsel said his clients should have gone about things a different way.

It was their case that arrears in rent are due, and his clients would seek to end the tenancy through the Residential Tenancy Board.

Counsel said his clients also dispute allegations that had been made against them.

Counsel said Mr Whelton was left "distraught" after reports of the case appeared "all over the media."

Mr Whelton, who is well respected in his locality, is aged in his seventies and both his clients were not in good health, counsel added.

Previously the court heard the couple and their children moved into the house after Mr Whelton agreed in 2012 to rent the property for €500 cash monthly and he refused requests from her for a rent book, tenancy agreement or receipts.

There were no difficulties until about 2016 when, she claimed, Mr Whelton occasionally sought higher rent payments of €750 and, on one occasion, €1,000.

Her partner was running a sole trading mechanic business at the property by 2016 and they paid the extra rent for reasons including the local school was well equipped to deal with one of their children’s autism, she said.

By August 2017, she was unable to return to work as a chef due to injury and the family finances came under pressure.

She claimed Mr Whelton agreed to her claiming State housing allowance but told her a month later he was increasing the rent to €750.

When she raised their rights as tenants, Mr Whelton told her, if they did not pay the extra rent, he would “get them out of the property”, she claimed.

It was claimed Mr Whelton informed them a family member required the property, and they were to vacate it while a further letter from Mr Whelton, dated April 16th, 2018, demanded the property be returned in “acceptable condition.

Her solicitors advised Mr Whelton by letter the purported notice of termination and of increase of rent were invalid.

The case now stands adjourned.